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    • you mean you did aos on mcol yes? pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.   dx  
    • The Letter of Claim information is not absolutely essential, but it would be useful for two reasons. Firstly, judges take a dim view of companies or individuals who rush to court without giving the other party notice and a chance to settle - the Letter of Claim.  If they didn't send it we could include this point in your defence and it would be detrimental to them. Secondly, we know Countrywide.  They are a very small cowboy company.  The are reluctant to do court, simply becasue they are very bad  at it.  Their record of beating Caggers in front of a judge is exactly 0%.  They have lost every time.  They send the Letter of Claim also to look for people who don't reply, thinking that the person might not reply to a claim form either, giving them an easy default win.  Conclusion - always best to reply to a Letter of Claim and ridicule the PPC's case.
    • Any update here? I ask as we have someone in a similar situation.
    • It's possible.   I suffer from ADHD and also anxiety and depression currently and struggle with paperwork.  I'll have a search around to see if i can find anything.  If they did send something I haven't replied.   I thought there's no way that they will pursue this because I know for a fact i didn't park in a private space and the evidence they have sent is so ridiculous.   What impact does this other paperwork have? Thanks!   I already sent the acknowledgement as i panicked and thought today was the last day to respond.   Then i remembered this wonderful forum.  I'll follow the steps in the sticky next.
    • The particulars of claim doesn’t mention statement of accounts.  Should I include that in the cpr letter?
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Here we go again


BikerPaul
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I won against Barclays and they paid up some £350...

 

Since then I;ve gone over limit twice, and they've charged me.

 

Each time I sent a further LBA, reminding them of the previous case.

 

The first one - £20 - they refunded.

 

The second one - £12 - they refuse to refund as the OFT says £12 is fair...

 

 

I'm going back to court for £12, plus court costs. Barclays refuse to negotiate!

--

Nationwide started 25/4 Statements 19/5/06 Settled by Tomlin order

 

Barclaycard started 26/4 Statements 3/6 £350 claimed

Claim 6QZ42513 - Default Judgement 1/8/06 - Settled for £358

New claim started for further charges, Prelim letter 3/10

DPA issues included in claim

 

Capital One started 26/4 Statements 31/5/06 £550 claimed Claim 6QZ46307 - Settled for £552

 

Littlewoods account default REMOVED

 

Camden Council PCN £84.59 claimed Claim 6QZ54253 issue 22/9/2007 Claim dismissed :mad:

 

Parachute packed and tested :!: and they know who I am now...

 

Moneyclaim is STILL busy... ;)

 

<link removed - sorry>

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When the charge is issued as a penalty, the position of customers and the OFT is that the charge is unlawful under contract law, and is therefore unenforceable. To quote the OFT statement, 'We consider that a contract term is likely to be unfair if it requires consumers to pay more as a result of a default than the court would order them to pay if they were sued for breach of contract. This means that a default charge should not exceed a reasonable pre-estimate of the administrative costs that the consumer ought to have realised would be likely to be incurred by his or her card issuer in dealing with defaults.'

 

Additionally, the OFT did NOT state that it 'believes a default fee of £12 is fair.' What they actually said, and I quote, 'We are not suggesting that default fees should be set at £12, and a court will certainly not consider that a default fee is fair just because it is below the threshold.'

 

--

Nationwide started 25/4 Statements 19/5/06 Settled by Tomlin order

 

Barclaycard started 26/4 Statements 3/6 £350 claimed

Claim 6QZ42513 - Default Judgement 1/8/06 - Settled for £358

New claim started for further charges, Prelim letter 3/10

DPA issues included in claim

 

Capital One started 26/4 Statements 31/5/06 £550 claimed Claim 6QZ46307 - Settled for £552

 

Littlewoods account default REMOVED

 

Camden Council PCN £84.59 claimed Claim 6QZ54253 issue 22/9/2007 Claim dismissed :mad:

 

Parachute packed and tested :!: and they know who I am now...

 

Moneyclaim is STILL busy... ;)

 

<link removed - sorry>

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Just interested, when you claimed against barclaycard did they expect you to clear the card?

 

I have some credit cards that I wish to claim back my charges, but am reluctant to if they want all the money owing back to them straight away.

 

Regards,

Kirsty

 

Nationwide

S.A.R - (Subject Access Request) sent 15th Oct 06

Standard letter received 19th Oct 06

Statements received 27th Oct 06

Prelim letter sent 30th Oct 06

L.B.A - (Letter before action) sent 20th Nov 06

MCOL - Issued 6th December

 

Bank of Scotland

S.A.R - (Subject Access Request) sent 20th Oct 06

Letter received thanks for request, but we need account details ect, Can they not read! 6th Dec 06

Goldfish

S.A.R - sent 2nd Nov 06

Standard reply received 21st Nov 06

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Nope, not at all... PRovided I remained within the T&C they were happy for me to continue paying them interest at 29.9%...

 

IF I seek determination they'll have that to deal with too, of course... £30 per £100 for a running credit account with no missed payments in 6 years...!

--

Nationwide started 25/4 Statements 19/5/06 Settled by Tomlin order

 

Barclaycard started 26/4 Statements 3/6 £350 claimed

Claim 6QZ42513 - Default Judgement 1/8/06 - Settled for £358

New claim started for further charges, Prelim letter 3/10

DPA issues included in claim

 

Capital One started 26/4 Statements 31/5/06 £550 claimed Claim 6QZ46307 - Settled for £552

 

Littlewoods account default REMOVED

 

Camden Council PCN £84.59 claimed Claim 6QZ54253 issue 22/9/2007 Claim dismissed :mad:

 

Parachute packed and tested :!: and they know who I am now...

 

Moneyclaim is STILL busy... ;)

 

<link removed - sorry>

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Thanks for the prompt response, I will start the ball rolling.

 

Kirsty

Kirsty

 

Nationwide

S.A.R - (Subject Access Request) sent 15th Oct 06

Standard letter received 19th Oct 06

Statements received 27th Oct 06

Prelim letter sent 30th Oct 06

L.B.A - (Letter before action) sent 20th Nov 06

MCOL - Issued 6th December

 

Bank of Scotland

S.A.R - (Subject Access Request) sent 20th Oct 06

Letter received thanks for request, but we need account details ect, Can they not read! 6th Dec 06

Goldfish

S.A.R - sent 2nd Nov 06

Standard reply received 21st Nov 06

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