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    • Could you glance your ever so helpful eyes over this before I tidy up and submit much appreciated! ws bwLegal.pdf
    • Hi Andy, I'm going to go with the para you have mentioned in post #94, as the hearing is this Friday and I want to get this in the post today and emailed to court in the hope of Cabot calling the court and discontinuing the claim before Friday!    I made a slight adjustment, is this ok?   1. Since the last hearing dated 4thDecember 2019 I have discovered that I have in fact held two agreements with Capital One Bank (Europe) Plc in the past. One branded a Luma Credit Card Account Number XXXX which was issued in 2012 and a Capital One Credit Card Account Number XXXX which was issued 2015 and is currently being serviced by Arrow Global. Therefore the disclosed Reconstituted Capital One Credit Agreement presented in this claim cannot possibly be true or connected to the Luma branded Credit Card that this claim relies upon.   Thanks, Roland    
    • Hello, Firstly, I am a few steps into this whole process so unfortunately I have missed out on the advice which states what I should have done initially. I am hoping I can still salvage my situation from this point. Facts- - I own the flat and the parking bay that comes with it. - The management company have hired a separate company (LinkParking) to manage the parking. - I have a permit for my car but my car was elsewhere which is why I couldn't give the permit to anyone else. - My girlfriend parked her car in my bay without a valid permit, instead we had a photocopy of the original permit- I realise this is where I went wrong but the original permit itself was printed on a piece of A4 paper AND when I bought the flat I was never told about requiring a permit and had issues with these guys before. Unfortunately we appealed to LinkParking with a substandard appeal (I realise this was substandard after reading through everything else on these forums). They of course denied it. We then appealed to IAS directly based on guidance from other websites, copy of the appeal is below- I was issued with a parking ticket on 20/12/2019 but I believe it was unfairly issued. I have responded to this notice and 'LinkParking' have denied my appeal and have requested I contact the IAS. I am writing to you as per Section 7.4.2 from the IPC Code of Practice and would therefore like appeal this notice on the following points The car was parked in my own car parking bay which I OWN. I was still unfairly issued with parking tickets. The lease agreement does not state that I require a permit to park in the bay as I own the property and the parking bay that comes with it as per the HM Land and Registry register. This lease has primacy of contract over any agreement the management company may have with LinkParking and therefore legally is invalid. The large sum demanded amounts to a penalty and/or is not an accurate reflection of any loss suffered so it is not a reasonable charge. The monetary claim is disproportionate, punitive and unjustifiable in total. It may also be an unfair term and therefore in breach of Schedule 2 of the Consumer Contracts Regulations 1999. The contractual breach can have caused no financial loss whatever to LinkParking or to the land owner. Once again, the car was parked in my OWN bay and therefore did not cause damage to any third parties. The Parking Charge Notice constitutes an invoice for payment. Accordingly the invoiced charge must include an element of VAT. However, the parking charge notice does not state either a VAT registration number or an invoice reference number and so cannot constitute a lawfully valid demand for payment. Having examined the parking charge notice further I believe it is a non compliant demand for payment as the notice wrongly requires payment to be made “within” 28 days of issue which is contrary to statutory requirement that provides a period of 28 days from the date of receipt. As a sign of good faith, I had purchased a permit anyway to avoid any unnecessary hassle for both parties but have been issued a notice anyway which is unacceptable. I understand that LinkParking are appointed to monitor the car park to prevent trespassers and I agree with this but it seems it is the residents that are being 'ticketed' without good reason for parking in their own bay. I look forward to hearing from you. We have now received the following response today- The operator made their prima facie case on 27/01/2020 14:10:48. The operator reported that... The appellant was the driver The appellant was the keeper The operator is seeking keeper liability in accordance with PoFA.. A manual ticket was placed on the vehicle The ticket was issued on 29/12/2019 The charge is based in contract The Operator made the following comments... The appellant parked their vehicle on land we manage and incurred a charge as they were not displaying a valid permit. Our signs clearly advertise the terms of parking and the charges which apply if they are met. The appellant chose to display a very poor copy of one of our permits, it is a fraction of the size of a valid one. We are unsure why they chose to do this and to date we have not received an explanation. We do not have to prove any loss and invoice does not have to have a VAT number on it if the issuer is not VAT registered. Our PCNs have passed audits by the IPC and DVLA. In addition to this I have also looked through all my documentation with regards to any requirements to require displaying a permit in the contract and I can't find anything. I've owned the flat for almost 2 years now and I do not believe I was given any documentation which mentions this. I have also looked at the HM Land Registry document which doesn't state I need a permit and I believe this ties in with the Primacy of Contract (my law understanding isn't the best). I have also contacted the management company last week to request all information from them with regards to giving me copies of documentation which covers car parking, building services etc. so I have everything. What really annoys me is that I didn't cause anyone any damage AND I WAS PARKED IN MY OWN BAY!!! I really hope I haven't messed it up too much and this can be salved. Any help for a response is greatly appreciated! Thanks!
    • Yes DX, both come up as Cap 1, one a classic Card and the other a Mastercard. 
    • Now that you have the proof - I think its time to consider taking legal action against the Bank.  Remind me who made the decision at the FOS? Adjudicator or Ombudsman? 
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cmab

Overseas CCJ advice

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2258 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.

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Yes no agreement numbers I note and points 3 & 4 are bizarre.


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Ok. Is That a cause for concern?

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Their claim is based on agreements...they have not stated which account numbers...hence my advise in post#24 re section 77/78 request.That puts them to strict proof.

 

Re points 3 & 4 I have never heard of an opt out facility with regards to a debt assignment.


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Ahh. I see what you mean.

So their response to my 77/78 request could prove pivotal, right?

Thanks again, Andy

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Ahh. I see what you mean.

So their response to my 77/78 request could prove pivotal, right?

Thanks again, Andy

 

Absolutely because without it they cant enforce...hence my advice of the 10th Oct.


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Wonderful!

I await their response :)

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I have received confirmation this week from them that they have obtained the ccj.

Is that the end of the road for me? Do I have any other course of action open to me?

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Did you submit a defence?


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I followed your instructions from 10th, but I think the deadline was missed due to the postal delay.

Their letter states judgement was obtained on 24th but I'm sure they must have received my response before then. It was sent recorded so I hope to be able to get confirmation of that.

Forgive me, I really appreciate you taking your time to help me but I'm finding this pretty overwhelming.

Thanks.

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Conformation from who the Court ? have your received a General Order and notice of Judgment?


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Actually no. It's only been them saying that it was awarded.

They wouldn't make it up up would they!? Wow. That's sly!!!

The court have my current address but I've had nothing from them, however, I will contact them tomorrow and ask.

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The plot thickens...

I re -read their letter and it said a copy of the judgement was attached (I hadn't fully digested this first time around) so I figured, well that's it. It's official. But on closer inspection the attached judgment is for somebody else!! Different name, different case number, different amount. A genuine clerical error or a rouse to pressure me?

As yet I have not been able to reach the court to get the official status of the case.

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Check to tomorrow cmab...but you have confirmed my suspicions above...someone else's judgment.:wink:


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A phone call to the court has confirmed that judgement was awarded.

So where does this leave me?

On an aside, I think it's pretty shocking that I have been sent somebody's personal info and that they possibly have mine. :(

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Did you state that you had submitted a defence ? Why did you post it ..did you not use MCOL?


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I think there may be some confusion on my part.

I posted the two letters to p2ps, recorded delivery, as I understood that was what was needed. I electronically returned my other document with my acknowledgement to the court and they emailed confirmation it had been received.

I've not yet been able to get confirmation from the French Post as to when the letters were received, but I'm sure they would have been in time.

Sorry this is proving messy.

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Everything to go through MCOL...... AoS and defence...you did submit a defence through MCOL?


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