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    • Okay I have just started to write a draft to put together as defence:   In The County Court   Claim No: XXXXXXX Between XXXXXXXXXXX (Claimant) -and- XXXXXXXX (Defendant) ____________ DEFENCE ____________ 1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. 2. Based on the deficient Particulars of Claim, it is believed that the claim relates to a purported debt as the result of the issue of a Parking Charge Notice (PCN) to the driver of the vehicle XXXX XXX, parked at XXX. 3. It is admitted that the Defendant was the registered keeper of the vehicle in question, at the time of the alleged issuing of the Parking Charge Notice (PCN). 4. The Particulars of Claim does not state whether they believe the Defendant was the registered keeper and/or the driver of the vehicle. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the Particulars of Claim do not meet the requirements of Practice Direction 16 7.5 as there is no mention of anything which specifies how the terms were breached. 5. It is denied that: a) A contract was formed b) There was an agreement to pay a parking charge. c) That there were Terms and Conditions prominently displayed around the site. d) That in addition to the parking charge there was an agreement to pay additional and unspecified additional sums. e)The claimant company fully complied with their obligations within the British Parking Association Code of Practice of which they were member at the time. 6. The Defendant did not enter into any ‘agreement on the charge’, no consideration or communication took place between the parties and therefore no contract was established. 7. The Defendant denies that they would have agreed to pay the original demand of £100 to agree to the alleged contract had the terms and conditions of the contract been properly displayed and accessible. 8. Due to the sparseness of the Particulars of Claim, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct. 9. Further and in the alternative, it is denied that the claimant’s signage set out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.       Statement of Truth: I believe that the facts stated in this Defence are true. Name Signature Date     I need to add that there is no contract with the company, I am unable to confirm terms and conditions as you need to display the permit whilst using facilities on site, the car park in question is free,  the £60 fine was unlawful, the parking company have no proof of loss, they are abuse of process, I wasn't named as being the driver, I have no PCN or any of their solicitor until the claim form came through the post. 
    • scroll up to  ericsbrother post of February 10    a good start.   dx      
    • you have now said twice in posts you have been fined. that shows you haven't been reading up here on private parking claimform threads at all.   use our custom google search box that comes up after you hit our top squares logo.   type in   PCM Claimform.   theN READ as many threads as you can.   you should spot that when people file a defence  its one that has about 3 - 5 simple very basic short lines. and that is one that is applicable to the claimant and the type of parking claim in their poc they are making    you don't file early!!   you have 2 weeks to work this out   post it up here 1st please    
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  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  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . 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 [1 in the count]
    • don't forget we have a custom google search box here   https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=pcn disabled bay&oq=pcn disabled bay&gs_l=partner-generic.12...89905.96346.0.98117.5.5.0.0.0.0.132.411.4j1.5.0.gsnos%2Cn%3D13...0.6527j13191631j6j2...1.34.partner-generic..5.0.0.NzHqsz5KVoY
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florish

Making F&F offer to NatWest Credit Cards

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I owe NatWest CC just over £7k.

I've been making token payments of £5 per month since 2006. They've recently agreed for me to pay the £5pm for yet another year before being reviewed again.

 

I'm thinking of making them a F&F offer just to get rid of this huge debt.

Has anyone had any success in doing this with NatWest?

If so, what is the lowest % do you think they will accept?

 

I could raise around £1k but perhaps that won't be enough!

 

I've never ever CCA'd them.

The card was taken out mid 1990s

The default dropped off my credit a report in 2012

 

Thanks in advance.

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Bet they're rubbing their hands with glee, your being royally mugged off here!

 

Have they stopped all interest and charges? If not, then you shouldn't be paying them any more than £1 a month, if at all.

 

First things first would be to send them a CCA request http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks Bazooka.

 

I cannot remember any charges at all on the account.

They stopped interest straight away when I contacted them back in 2006.

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So how much do you owe now?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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i'd get an sar and study the statements first.

 

dx


..

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£7340 is o/s which will take me over 120 years to repay at £5 per month. This made me think that if they would accept around £1k as F&F it would just get rid of it forever

 

As dx suggests I could also sar them.

 

Also, I don't own a house or any other assets

 

dx: I have the statements.

 

Since defaulted in 2006, NatWest still send normal monthly statements to me each and every month.

Statements just request minimum payments of £5.

Definitely no interest since 2006 and no charges or ppi.

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OK then, a CCA request would be my first option, enclose £1 postal order and they have 12+2 days to respond with the agreement, or copy.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Agreed there was sloppy paper work with NW CCs in the early 2000s.


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OK then, a CCA request would be my first option, enclose £1 postal order and they have 12+2 days to respond with the agreement, or copy.

Actually it's 12 working days from their receipt of your request.

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Actually it's 12 working days from their receipt of your request.

 

Wrong actually 12+2 working days the +2 is for postage. Not from date of receipt.

 

A SAR 40 calendar days from the date received.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Actually it's 12 working days from their receipt of your request.

 

The sleeper cells stirs! Never could get my head around why those who have been on CAG for years, don't say anything for ages, but suddenly come alive to add nothing except contradictory advice?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Tis amazing BB I agree!!


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Wrong actually 12+2 working days the +2 is for postage. Not from date of receipt.

 

A SAR 40 calendar days from the date received.

 

The sleeper cells stirs! Never could get my head around why those who have been on CAG for years, don't say anything for ages, but suddenly come alive to add nothing except contradictory advice?

Far be it for me to argue with those with so much more experience than me, however from http://www.legislation.gov.uk/ukpga/1974/39/section/77 (my emphasis added):

77 Duty to give information to debtor under fixed-sum credit agreement.

(1)The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

And from http://www.legislation.gov.uk/uksi/1983/1569/contents/made, the prescribed period is defined as 12 working days.

 

So as the Brigadier says, it's 12 working days, plus 2 for postage (as long as you used 1st class). Alternatively you could use recorded delivery and know when the creditor received it.

 

The point I was making is that it's 12 working days for a CCA request, whereas it's 40 calendar days for a DPA request, a distinction that seems to get lost most of the time.

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The stamen that was made 12 +2 workings days from the date received which is incorrect!

 

The date the request is received is irrelevant, 12 + 2 working days from the date posted, postal delays etc., are irrelevant.

 

If this cannot be complied with the recipient must immediately inform the applicant that it cannot comply.

Edited by BRIGADIER2JCS

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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From the link, http://www.legislation.gov.uk/uksi/1.../contents/made

 

Prescribed period

 

2. The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1 of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements.

 

So it's still 12+2 (to allow for postage/ it's good enough for the courts) and when the dca says they need more time because they think they've got 40 days you send the account in dispute after the 12+2.


Illegitimi non carborundum

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This 40 day nonsense being quoted by some DCAs is another part of their delusions that they make the rules, fail to comply in 12+2 dispute letter immediately and reject the 40 day theory.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Hello Florish

Did you ever send a CCA request, and if you did, did they respond, or accept a F&F? I have similar situation with nastywest, on accounts opened in the early '90s.

Thanks t

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Haven't done anything about it but will do this week - at long last.

Have you had any success?

 

Could someone please let me know the address where I write to NatWest with my CCA request?

 

Thanks in advance

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Google the address.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hello Florish

No, not pursued though, just paying nominal monthly sum. No letters, just monthly statements received. No change to payments or financial circumstances either.

 

Perhaps a start would be Natwest, Cards Customer Services, PO Box 5747, Southend-on-Sea SS1 9AJ. Send second class signed for via Royal Mail.

Regards

t

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there is an address stickie on the home page of every named bank forum

containing the details you need.

 

 

dx


..

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Thanks dx and tedney, appreciated.

 

NatWest did the annual review with me in September and said that I only need to pay £1 per month.

 

After the review I asked how much for them to accept as F&F.

She said they'd be looking for 'around' £6k.

 

That made me decide that now is the time to make that CCA request.

 

This credit card account was opened in 1997, and was defaulted in 2006 and I've been paying token amounts since then.

 

 

Like tedney I receive normal statements every month but without any interest being deducted.

I've never had any charges and never had any ppi.

 

Wonder what the chances are of NatWest producing a CCA from 1997?

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Stranger things have happened, I would always request a CCA for any account prior to 2007, you never know!

 

When you receive the statements and you say that they are NOT deducting any interest, are they actually 'adding' any interest or has that stopped?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Could someone please let me know the address where I write to NatWest with my CCA request?

 

Thanks in advance

 

Hi florish,

 

Either try sending to the following address's :-

 

RBS Group

Business House B

Ground Floor

PO Box 1000

Edinburgh EH12 1HQ

 

Natwest

Cards Customer Services

Customer Contact Centre

PO Box 5747

Southend-on-Sea

SS1 9AJ

 

And don't forget to enclose £1 fee.

 

Cheers & g/l

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Stranger things have happened, I would always request a CCA for any account prior to 2007, you never know!

 

When you receive the statements and you say that they are NOT deducting any interest, are they actually 'adding' any interest or has that stopped?

 

Since this credit card account was defaulted in 2006, I've always received the normal statements from NatWest but never had any interest added to the account since it was defaulted.

I'm now paying £1 per month, as agreed with NatWest.

 

I posted CCA request on the 21st October - nothing back so far, which I suppose isn't unusual.

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