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    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
    • Ok thanks, I really need help with my mental health over this I’ve called 111 Hi sorry just one more thing can they contact my workplace?
    • Sorry to shatter your leftie dreams 🤣😂🤣😂     Donald Trump gets a SIX-POINT bump in approval after being found guilty on 34 counts according to snap Daily Mail poll: 'I think it was a waste of taxpayer money' WWW.DAILYMAIL.CO.UK Teflon Don rides again, according to an exclusive poll for DailyMail.com which found that the guilty verdict in Manhattan... James Johnson, who conducted the poll, said Trump might be waking up as convicted felon but he was winning over the voters who matter.   Our snap poll of a representative sample of likely voters shows that for most Americans the trial has not changed their deep-set views of Trump,' he said.  'But amongst those who are open to changing their mind, people feel more positive by a margin of 6 points. That is outside of the margin of the error of the poll and we are saying that is significant. 'It extends to Independent voters too. Look at the explanations and it is clear why: people feel it was a politically motivated trial and view Trump as a "fighter" against what they see as injustice.     
    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 Was there a dispute with the original creditor that remains unresolved?  No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  No
    • It’s all with current lenders and no missed payment to date. so with any reduced payment to them it’s likely to be going to debt collectors at some stage. we jointly own a property together me and my partner 
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athena parking charge***Appeal Success***


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you know what, it seems a hell of a lot easier to pay the money. ignoring wont work, and it seems the few reasons for claiming popla do not cover my husbands reason for being in the car park. looking at google maps the signs are obvious, they are not hidden, and he remembered what was on them. he made the mistake of staying over time twice, one time was by 2 hours over the free period. and he only did it because a friend told him he had gotten away with it before. he has no excuses and no reason that he shouldnt pay the charge.

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Hi Kelly, I have just read the above post and this has cost me some time which I would like you to pay me for. :!:

 

You are now thinking, "WHAT!" I don't owe Silverfox a penny.

 

True!

 

You also don't owe this bunch of fleecers a penny!

 

Who's pocket would you really like this money to be in?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi Kelly, I have just read the above post and this has cost me some time which I would like you to pay me for. :!:

 

You are now thinking, "WHAT!" I don't owe Silverfox a penny.

 

True!

 

You also don't owe this bunch of fleecers a penny!

 

Who's pocket would you really like this money to be in?

 

 

thats all well and good but maybe someone could spare the time to tell me WHO do i write to, and WHAT do i write. my husband has no excuses to file an appeal. so any advice on WHAT to do would be very helpful.

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he has no excuses and no reason that he shouldnt pay the charge.

 

Why are you here then?

How do you know that the sign is similar?

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Why are you here then?

How do you know that the sign is similar?

 

because i didnt know that until about an hour ago. because all the signs are similar.

people keep telling me i dont have to pay but cant come up with any actual answers to my questions. again i will ask. WHO do i write to, and WHAT do i write.

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thats all well and good but maybe someone could spare the time to tell me WHO do i write to, and WHAT do i write. my husband has no excuses to file an appeal. so any advice on WHAT to do would be very helpful.

 

Post 21.

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Post 21.

 

and according to popla my husband dosent have any of those reason.

these are the 4 reasons someone can appeal the charge with them:

The vehicle was not improperly parked;

The vehicle was stolen;

The parking charge (ticket) exceeded the appropriate amount;

I am not liable for the parking charge.

 

1. my husband parked there knowing about the charges and was willing to ignore them

2. the vehicle was not stolen

3. it clearly states the cost of the ticket on the signs, he clearly remembered that part of the sign even though he could say the whole sign word for word

4. he is liable as he knew of the charges and dilebratley stayed late thinking he wouldnt get a parking charge.

 

so where is the reason he can appeal against this?

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i found the following on here, someone said to send this to the company (athena), but when reading the information attached to the word ignore, it says not to send a letter to atehna but to the owner of the land, which would be lidl. would the letter be suitable, and who would i send it to. or do i send it to both.

 

I refer to your invoice dated the xxxxx and received on the XXXX

 

In response, I would ask you to note the following.

 

When an invoice is issued under the law of contract to a vehicle which although allowed to park on the land, is in breach of the conditions relating to parking, it could be argued that the charge being demanded is so high that it amounts to a penalty and is therefore unlawful under the Unfair Terms in Consumer Contract Regulations 1999.

 

Therfore should it be your intention to pursue this matter further, I will require the following infoirmation.,

 

1) Precise details of the calculation used to establish the sum pursued in this case, taking account of the following statement issued by the Department for Transport.

 

Charges for breaking a parking contract must be reasonable and a genuine pre-estimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken. For example, to cover the unpaid charges and the administrative costs associated with issuing the ticket to recover the charges. Charges may not be set at higher levels than necessary to recover business losses and the intention should not be to penalise the driver.

 

2) I also require written proof that as a third party agent you have contractual consent from the land owner to raise legal proceedings on their behalf.

 

Furthermore, should you fail to provide a detailed response to any of the points raised in this correspondence a POPLAicon reference will be required in order that this issue can be progressed to the independent appeals body. I am of course fully aware that the decision of POPLA is binding only on the pursuer and not the defender.

 

I hope this information clearly outlines my position and I look forward to your detailed written response.

 

Yours faithfully

 

DO NOT PROVIDE A TELEPHONE NUMBER UNDER ANY CIRCUMSTANCES.

 

is this letter any good to send to athena? or will it just waste time. if in the end my hubby has to pay the ammount i would rather it be reduced than the full price

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Kelly. Write an appeal asking the following questions.

Please justify your pre estimate of loss to the last penny.

Please provide a copy of your contract with the landlord.

 

At this stage, that is all you need in your letter. You will receive a rejection letter and a POPLA code and then we can deal with stage 2.

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According to POPLA (who are funded by the parking industry) these are the grounds for appeal but they do not include all the grounds.

 

The parking charge is not a true estimate of loss. This was a free car park so what loss? None.

 

I'm not sure you have truly grasped that Athena have absolutely no power over you. Even if you lost the POPLA appeal you still don't have to pay :wink:

 

The only way they could get a penny out of you is to take court action and if they don't own the land or have the landowners permission to act on their behalf-they cannot!

 

If you read around the forum about Parking Eye (similar to Athena) you will see that PE have been ripped another one on various occasions and lost many an appeal.

 

Please try not to be intimidated by these companies. They are nothing-period.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Kelly. Write an appeal asking the following questions.

Please justify your pre estimate of loss to the last penny.

Please provide a copy of your contract with the landlord.

 

At this stage, that is all you need in your letter. You will receive a rejection letter and a POPLA code and then we can deal with stage 2.

 

do i need to include a request for popla number in the letter just incase they dont send one. it seems to happen alot

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do i need to include a request for popla number in the letter just incase they dont send one. it seems to happen alot

 

Yes-just in case.

 

Something like "As you will reject this appeal out of hand anyway, please include the POPLA appeal number with your reply."

 

OR

 

"If you choose to reject this appeal, please supply a POPLA appeal number."

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Yes-just in case.

 

Something like "As you will reject this appeal out of hand anyway, please include the POPLA appeal number with your reply."

 

OR

 

"If you choose to reject this appeal, please supply a POPLA appeal number."

 

would the letter quoted in post 33 be acceptable to send them, aslong as i tag on about the popla number? if so i will get my husband to print it out straight away and send it

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Appeal to Athena 1st.

If rejected you can appeal to POPLA with 'I am nt liable for this charge'

Your reasons will be not a genuine pre estimate of loss, no contract with the land owner... amongst others.

Can you post up a redacted copy of one o the invoices?

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also is there a way of getting a popla number wthout going through athena?

 

No. you have to go through them first as POPLA will not entertain you otherwise.

 

I will try and find a letter that was posted here. Hang fire.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Kelly

I have had to unapprove the post you just made as you left in the parking charge notice number which would positively identify you. Please edit and repost.

 

Here is a letter one CAGger made. I'm sure you could adapt it to your own circumstances

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?403571-help.-excel-parking-(the-peel-centre-stockport)&p=4346586&viewfull=1#post4346586

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Kelly

I have had to unapprove the post you just made as you left in the parking charge notice number which would positively identify you. Please edit and repost.

 

Here is a letter one CAGger made. I'm sure you could adapt it to your own circumstances

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?403571-help.-excel-parking-(the-peel-centre-stockport)&p=4346586&viewfull=1#post4346586

 

i am using the one above to send to them, i will copy it here when im finished and see what you think of it.

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how does this sound?

 

Athena Parking,

 

I refer to your invoices dated the 07.01.2014 and 08.01.2014 and received on the 10.01.2014, invoice numbers ....... and ....... regarding a green Vauxhall Astra, registration.........

 

In response, I would ask you to note the following.

 

When an invoice is issued under the law of contract to a vehicle which although allowed to park on the land, is in breach of the conditions relating to parking, it could be argued that the charge being demanded is so high that it amounts to a penalty and is therefore unlawful under the Unfair Terms in Consumer Contract Regulations 1999.

 

Therefore should it be your intention to pursue this matter further, I will require the following infoimation.,

 

1) Precise details of the calculation used to establish the sum pursued in this case, taking account of the following statement issued by the Department for Transport.

 

Charges for breaking a parking contract must be reasonable and a genuine pre-estimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken. For example, to cover the unpaid charges and the administrative costs associated with issuing the ticket to recover the charges. Charges may not be set at higher levels than necessary to recover business losses and the intention should not be to penalise the driver.

 

2) I also require written proof that as a third party agent you have contractual consent from the land owner to raise legal proceedings on their behalf.

 

Furthermore, should you fail to provide a detailed response to any of the points raised in this correspondence a POPLAicon reference will be required in order that this issue can be progressed to the independent appeals body. I am of course fully aware that the decision of POPLAicon is binding only on the pursuer and not the defender.

 

If you choose to reject this appeal please be so kind as to include a POPLA number sent with your next reply.

 

I hope this information clearly outlines my position and I look forward to your detailed written response within the next week.

 

Yours faithfully

 

(name and adress)

 

 

is there anything else i should add or take away from the above letter. do you think its good enough?

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To me that letter is pretty good to go. Understand that this is just an exercise as they will reject you and it is just to get the POPLA code.

 

You will be fine. For a bit of light relief google parking prankster.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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To me that letter is pretty good to go. Understand that this is just an exercise as they will reject you and it is just to get the POPLA code.

 

You will be fine. For a bit of light relief google parking prankster.

 

if i have written i expect them reply in a week that they will. would they not reply for 4 weeks so i cant use the popla code to appeal?

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ok, ive sent a copy to the husband who will print it off and send it to them. should i be expecting anymore letters from them until i get a reply for this letter?

thanks for the help and sorry im a P. I. T. A and am grumpy. :smile:

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