Jump to content


  • Tweets

  • Posts

    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2308 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

My daughter had her car seized and taken away for 6 unpaid £35 parking tickets, all received outside her own front door whilst waiting for a residents parking permit.

 

The parking trolls knew she lived there but never once knocked on her door to give her the chance to move the car. She has lost her job and cannot afford to pay car park fees and has been trying to move her car around, not easy when you are a resident and there is nowhere to park if you are not a resident.

 

She was not given any warning that they were going to take the car and it cost us £2200 to get it back. The bailiff from Jacobs didnt even give her the chance to pay any money to stop him taking the car, he just took it. She then received a letter, the day AFTER they took the car, warning her that she had 10 days to make an arrangement to pay the outstanding amount.

 

This was dated the day before they seized the car and was for £1700. Strangely, the debt increased by £500 over night and she wasn't even given 24 hours notice. These people are shysters and operating on the say so of a shyster council. The bailiff even had the hard face to call my daughter a liar to myself as I was handing over the money to release the car!! She is not a liar, he did not hand her a notice, or post one through her door.

 

This is now proven by the fact she received it through the mail/post!! And he rang to tell me his office had not posted any letter out They have not acted within proper lawful procedure and I am sure this is happening more than we know about.

Edited by citizenB

Share this post


Link to post
Share on other sites

Your Daughter should visit her nearest Citizens Advice about this, but could do with finding out more information from the council and bailiffs.

 

From the council, you need more information on the parking tickets, what the councils processes are for the issuing of these and their processes in regard to enforcement. I would suggest a formal complaint.

 

From the bailiffs your daughter need details of their fees.

 

"From:

My Name

My Address

To:

Acme bailifflink3.gif Co

bailifflink3.gif House

Ref: Account No: 123456

Dear Sir

With reference to the above account, Can you please provide me with a breakdown of the charges.

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were certificated

e - the date of the Certification.

 

This is not a Subject access request(under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.

 

Yours faithfully

Ripped off customer"


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thread moved to the bailiff forum

Share this post


Link to post
Share on other sites

Did your daughter receive the parking tickets ?

 

Did she appeal any of them ?

 

The council would have to send her a Notice to Owner, a Charge Certificate and finally an Order for Recovery for EACH PCN. Did she receive all of these statutory notices?

 

Once the bailiff is passed the warrant, there is sadly NO legal obligation on them to write to the debtor. There is only an obligation to write if he has charged £11.20 for a "letter fee".

 

I am very shocked at the amount that was requested in the letter from Jacobs of £1,700. Have you received a breakdown and if so...please post back with details?

 

It would seem that the bailiff may well of applied "multiple fees" for enforcing more than one Liability Order at the same time. This should NOT be permitted.

Share this post


Link to post
Share on other sites

for starters they are not £35 per ticket, that 35 quid is on the 50% discount so they would be 70, once they go thru tec they will be 105 quid. so thats about 630. then their are bailiff costs that are recoverable by the debtor, i know that once a bailiff gets a WOE for TMA they are about 280-350 quid each, wether or not the fees can be put on each one is questionable

Share this post


Link to post
Share on other sites

It is difficult to provide much further info without a response from Mariah to the questions that I raised in post number 4.

 

sgtbush...you are of course correct that the "starting point" of the PCN would have been just £35 but this is the amount payable at the early discount period. With CC London charges the position is even worse in that the amount payable to enter the Zone is £8 and if not paid within 24 hours rises to £60.

 

Sadly it is the case that bailiffs are making a fortune because motorists do not pay or appeal the PCN at the early stage.

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...