Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Y daughter just told me she’s been paying off a fine for £600    a bailiff called at her next doors ,  whist there they clocked her car in the drive way , not scorn not taxed off the raid ... I know i know  broken waiting money spending on it [ Ford]  turns out the DVKA took her to court in Bristol long waynaways because she hadn’t told the DVLA she’d moved and BENETTS  bought the debt , and chased her up at the new address to collect the payments ... how horrid is that? 
    • Hi BankFodder,        Thank you for your quick reply,  we feel a bit vulnerable living here with our two very little girls,   your reply is very much appreciated.   The Letting agent is Space4Living,  they say they wont do anything about it,   they only say it is a civil matter.   The landlord's name is on the Tenancy Agreement,   with the letting agent as a 'Care of' Address.   I have just sent an email to the local Environmental Health about everything,     and we will see what they say about it all.   Because the landlord seems not to be bothered about it,    if he does nothing or very little about it,    would he be in breach of our tenancy agreement ?   Cheers,    KFC  
    • Please advise if the following is ok to use?   I will say as follows:   It is admitted that Defendant is the recorded keeper of xxxxxxxx With recent dismissed claims such as claim no. Xxxxxxx it has come to light that the contract with the landowner stipulates 2 hours free parking at the Berkeley Centre car park and thus this case should also be dismissed not wasting valuable court time as the vehicle in question was parked for less than 2 hours.  The claimant in this case is not the proper claimant. As can be seen in their "contract". If there is a valid claimant at all it should be Excel Parking Services and not Vehicle Control Services.   Therefore, if any contract exists at all, the Landowner gave Excel Parking Services that contract. That contract is highly unlikely (although it cannot be proven as the claimant has not produced it) to give Excel Parking Services the right to assume the rights of the landowner and assign rights to another party.   While both Vehicle Control Services (Company number 02498820) and Excel Parking Services (Company number 02878122) have the same 'controlling minds',  & they are run as completely separate companies and cannot assign rights to one another on a whim and/or without the express permission of the landowner and even then, those rights can only be rightfully assigned by the landowner themselves and as that has not been produced as part of their witness statement one can only draw the conclusion that this is because that right (by way of contract of assignment) does not exist.   Further, while dealing with the so called "contract", it is not valid now and was not valid on the day that the event that brings us here today took place. As can be seen clearly on the contract, the contract was made for a FIXED PERIOD of 36 months from 25th November 2010. This means that this contract expired on or around 25th November 2010. As no renewed "contract" has been provided, again one can only assume that on the balance of probability, it does not exist.   In either case, as has been shown, Vehicle Control Services are not the proper claimant therefore there can be no cause of action as Vehicle Control Services has no Locus Standi to make or bring a claim and waste the valuable time of this court. If a contract existed at all (and there was a subsequent breach) it would either be between myself/driver and Excel Parking Services or myself/driver and the landowner. Vehicle Control Services are merely a third party and do not (as they have shown themselves in their own evidence) have a valid contract in place to manage the car park.   There is nothing said in the evidence to assert that Vehicle Control Services are acting as an agency on behalf of the actual contract holder therefore Vehicle Control Services cannot (and indeed do not claim to) have privity of contract. Dunlop Tyre Co v Selfridge [1915] AC 847, in which the action failed because although there was a contract, the plaintiffs were not a party to it and "only a person who is a party to a contract can sue on it," (per Lord Haldane).     This position (Vehicle Control Services being the wrong claimant) is backed up by their own evidence bundle. I refer you to photograph 28, 29 and 30 in the claimant’s bundle which clearly shows a 'Car Park' sign. The logo in the bottom and top right of the signs is for Excel Parking Services and not Vehicle Control Services who are making the claim in this case.   Vehicle Control Services know this to be the case as there have been many dismissed cases and discontinued claims.   Vehicle Control Services -v- Ms A. C6DP7P37 at Birmingham County Court. Dismissed. Wrong Claimant. Vehicle Control Services -v- Unknown. C1DP3H5V at Birmingham County Court. Discontinued. Wrong claimant.   As well as all of the following Discontinued claims. A8QZ6666, 3QZ53955, C8DP9D8C, C2DP0H7C, C1DP3H5V and C8DP37CH et al, all discontinued when it was pointed out to BW Legal that VCS had no right to pursue the matter as they were not the rightful claimant.   It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012; see paragraph 5.1a (enclosed). The car park signs are owned by Excel Parking, see claimants bundle 28, 29, 30 photographs and I have not entered into a contract with VCS. Following receipt of parking charge notices and letter before claim, I wrote to the Claimant stating that the Berkeley Centre pay and display car park is not managed by the Claimant but rather another party and invited the Claimant to drop their claim. Upon receipt of County court claim form Under CPR 31.14 on 14th August 2019 I requested evidence of the Claimant’s contract between VCS and the landowner that assigns the right to enter into contracts with the public and make claims in their own name, and proof of planning permission granted for signage etc under the Town and Country Planning Act 2007.  The Claimant refused to comply with this request and have provided no evidence of their connection to Excel Parking. I have yet to receive any evidence of myself the Defendant entering into a contract with the Claimant (Vehicle Control Services) nor any evidence of planning permission granted for signage. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. ‘VCS had no right to claim damages in trespass against motorists…and that the penalty charges did not constitute, in VCS’s hands, such damages (and) that there was no contract between VCS and the motorist.’ The Claimant did not evidence any contract by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.   Thanks  
    • Latest info      Creditor Claims Of £535,636,017  This is the extent of the damage Wonga has caused... I hope this serves as a lesson to everyone. Please steer clear of PDLs.
    • Bad News - Is about 4%    
  • Our picks

Steve5650

Equidebt now Cabot chasing co-op CC debt from 1996

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2289 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

On 23 May 2013 I received a letter from Equidebt saying that they were closing my file

as the could not provide me with a valid CCA.

 

Today I received a letter from Cabot telling me that they had bought the debt, and what was I going to do about paying it.

 

They also enclosed a letter from the liquidators saying that Equidebt entered administration on 17/6/2013,

and that Cabot had bought the alleged debt.

 

Before I start a fight with cabot (already had dealings with them, and beaten them!),

is there any mileage in the fact Equidebt closed my account before they went bust,

and therefore before Cabot bought it?

 

Any advice gratefully received.

 

Thanks.

 

Steve

Share this post


Link to post
Share on other sites

I would send crapbot a copy of the EQ letter

saying no CCA.

 

is this debt on your CRA file?

 

dx


..

Share this post


Link to post
Share on other sites

Thanks for paragraphing my post, dx.

 

Will send off a copy of that letter.

 

Noddle and Check My File are not showing this alleged debt.

 

Thanks.

 

Steve

Share this post


Link to post
Share on other sites

prob well SB'd then.

 

you don't 'have' to enter into letter tennis

 

dx


..

Share this post


Link to post
Share on other sites

Don't think it will be SB'd as was paying until fairly recently. Equidebt sent me a snotty letter so I made a CCA request and all they supplied was barely legible copy of an application form dated 1996.

 

After I let them know that this wasn't good enough they closed the account.

 

Thanks

 

Steve

Share this post


Link to post
Share on other sites

god

so its prob more than 6yrs defaulted and dropped off.

 

so what was the original debt then being that old?

 

dx


..

Share this post


Link to post
Share on other sites

Thanks for reply dx. It was for a CooP Bank credit card.

 

Only info I have is application form signed February 1996. Do not know when last payment was made before being passed to DCA, although I suspect it would be around late 1999/early 2000

 

Earliest record I can find of payment to DCA is mid 2007. Don't know if any payments made before that date.

 

Do you think the CooP would still have any records of the account, and would Equidebt have account details pre 2007?

 

Thanks.

 

Steve

Share this post


Link to post
Share on other sites

equidebt were as a re cabot a DCA

they never have paperwork

just assume they can fleece people

by pretending with clever words to have some sort of legal powers

 

they don't in 99/100 times

pers i'd just be ignoring them

 

phishing trip.

 

to spoof you out of money.

 

dx


..

Share this post


Link to post
Share on other sites

Hi

After a 5 year battle Equidebt sent me a letter in March about a Co op debt, they could not enforce, case closed and l would not hear from then again.

Just got the Crapbot letter today, will send them a missive about the account being closed. Not doing it all over again.

Cups

Share this post


Link to post
Share on other sites

Hi

Sent my letter today, along with the Equidebt letter and email saying they cannot comply, case closed, will not be sold on.

Crapbot can go and whistle!!!

Share this post


Link to post
Share on other sites

Looking for a little advice, please. Quick calendar of events -

21/3/2013 request CCA from Equidebt after being hassled to increase payment.

8/5/2013 non compliant Application Form received.

12/5/2013 send letter saying provide compliant CCA or close account.

23/5/2013 letter received from Equidebt saying they have investigated the matter and have closed the file, and will receive no further correspondence from them.

5/8/2013 letter from Cabot saying they have bought the alleged debt and inviting me to contact them to make arrangements to pay (in their dreams!). Ignored that and three subsequent letters, but now they have uprated their threatograms. Wondering if they can re-open a closed file, and do I need to respond to their letters, given that they are acting more aggressively now. Thanks.

 

Steve

Share this post


Link to post
Share on other sites

cca them too

 

or send the letter from eq saying they dropped the lemon debt due to no cca

 

it this on your cra file?

 

what is the story of the debt please?

 

dx

 

dx


..

Share this post


Link to post
Share on other sites

three threads merged

 

please keep to one thread per debt.

 

dx


..

Share this post


Link to post
Share on other sites

Oops, sorry dx, forgot I'd posted previously.

 

Alleged debt details are as in merged thread.

 

Still nothing showing on CRA files.

 

Will copy the Equidebt letter to them and see what happens, athough I can"t see them giving up that easily.

 

Cups, have you heard anything from Crapbot yet?

Share this post


Link to post
Share on other sites

if there has now or ever been a 6yrs period whereby you neither paid on the debt or signed a letter saying this is my debt

 

quite honestly i'd send the statue barred letter to them


..

Share this post


Link to post
Share on other sites

Hi

I actually got a letter from Crapbot the other day saying they had closed the file. I sent them 3 months ago my letter from Equidebt and told them they had bought a closed account, end of story.

They will take their time to reply l am sure, but once you have told them l would leave them to it.

Cups

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...