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    • Thanks DX 100   haha i totally  agree with your comment about the page 20    Yes I am awake and been all night w my WS   BUT can I point this very very very impt point please, which I am not sure if it has come to your attention   1. The payment machine and 6 hours and the free parking after 4.30 pm on a Saturday etc....all taken on board.   HOWEVER, and I cant stop myself laughing, this pay machine  he eludes to is based at The Market Shopping Centre Car park , after googling it is in CREWE.  It is not even relevant. They have put in a signage that is not even at the Merry Hill Centre which is in the West Midlands.    The Merry Hill Centre is the one I went to in Dudley, west midlands. All the signages , apart from the one you elude to have the intu Merry Hill logo     The one you refer to is in Crewe. I have never been to Crewe in my life lol so that signage is totally irrelevant    we can play this either way:   1. can take up your line of argument regarding the 6 hours etc. and pretned we are also using the pay machine    OR     2. totally dismiss it as being irrelevant, misleading , wasting the time of everyone by providing irrelevant info. Thats what I have argued in my WS so far. That signage does not belong to inTu Merry Hill            This is akin to someone being on annual leave from work between say 1.10 .2020 and 1.11.2020, and then finding out one of his/her collogues saying,  I saw you leaving work early last week , the 15th of October 2020.   hello !!!, I wasnt even in the country on the 15th of October 2020 !!   essentially thats what the claimant has done . The signage on page 20 doesnt even belong to the shopping centre I went to   I will log out and carry on with th WS     Thanks again       .   
    • Thank you FTMDave. As you can see from the time now I have had a nightmare getting questionnaire answered due to scanner problems, it is up there now though. I do not have proof of breakdown as the alternator was bought from a breakers yard near Chelmsford. I remember it well as they sold me the wrong one on the Saturday and I had to go back in my mechanic friends vehicle on Sunday as I had broken the original alternator getting it off.
    • 1 The date of infringement? 19/12/2019   2 Have you yet appealed to the parking company yet? [Y/N?] No. I did, unfortunately use the MyParkingCharge.co.uk portal to deny liability as the keeper and deny any contract. I mistakenly thought this was where I made a SAR. (I now see looking at the site again that it is actually. https://excel.zatappeal.com ) This was replied to as if it were an appeal.   if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]   has there been a response? yes please AS A PDFFILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]   If you haven't appealed yet - ,.........DONT ! seek advice on your topic first.   have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] Yes. Issue date indicates that if "contravention" date is day 1 then NTK was issued on day 15 so arrived well before day 29. Document received was PCN/NTK in one. (see pdf)   what date is on it Issue date is 02/01/2020   Did the NTK provide photographic evidence? Yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide]   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] NO   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] Suggested appeals could be made via IAS   5 Who is the parking company? VCS   6. where exactly [Carpark name and town] did you park? Broke down on service road of Southend Airport, Southend-On-Sea   please do not put JPG Picture files into your post   .............................   For PCN's received through the post [ANPR camera capture]  (must be received within 14 days from the Incident)   please answer the following questions.   1 Date of the infringement 19/12/2019     2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 02/01/2020.   I recall noting, when it arrived on Saturday 16th Jan 2020 that this was more than 14 days from "offence" date.   [scan up BOTHSIDES as ONE PDF- follow the upload guide] please do not put JPG Picture files into your post   3 Date received 16/01/20   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y/N?] post up your appeal] Not as such. See this entry for PCN above.   Have you had a response? [Y/N?] post it up As above.   7 Who is the parking company? VCS   8. Where exactly [carpark name and town] Broke down on service road of Southend Airport, Southend-On-Sea   For either option, does it say which appeals body they operate under. Initial appeal to be via www.myparkingcharge.co.uk then via IAS   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   If you have received any other correspondence, please mention it here I have subsequently received a Demand for Payment dated 28/02/2020.  outstanding balance £160 Final Demand posted on 16/03/2020         outstanding balance £160 LBC dated 27/03/2020.                                 outstanding balance £160 with estimate of court fees £25 2nd LBC from ELMS legal dated 30/10/2020 listing estimated fees of   Principal debt £160                                                                                                                        Estimated interest £12                                                                                                   Estimated court / hearing fees £50                                                                                                          Estimated solicitors' costs £50                                                                                                                              Estimated total £272   windscreen or ANPR section to your thread and answer the questions... …….... in either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY please do not put JPG Picture files into your post   NTK plus .pdf
    • Have done the email address thing. The order specifically states just the applicant ?
    • you are not the applicant but you must: • You must confirm your preferred email address for the invites to be sent too  
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

LINK/IDR Claimform - old Barclaycard debt


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never admit defeat you'll get a CCJ by default.

 

defend all.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Still nothing to report 🙂 Just thought I'd pop in, I think its still on hold in the court though... but I expect as I have heard nothing since my last update its all good.

Really its only been 6 years    Im pretty sure its safe to forget it now.   Andy

never admit defeat you'll get a CCJ by default.

 

defend all.

 

dx

 

That doesn't address the OP's question though does it? It's really not fair for you to be so cavalier with other people's money and, let's face it, life.

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well get on and help them then MJ

 

you seem to use cag to pick holes in peoples advise and nothing else.

 

quite frankly, if that's all you are going to do we don't want you

 

simple choice mjt2013

 

help or GO AWAY

 

we on the siteteam have had enough of your games.

 

comprendi?

 

 

dx

Edited by Conniff

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I've already given my advice on this point, the OP merely wanted clarification of it but no one is prepared to give it to him. I do indeed pick holes in wrong advice because I believe that people who post here looking for help deserve the best information they can get rather than ill informed opinion which could lead them to make a bad decision, I make no apologies for putting the interests of people who come here in good faith looking for help above those who want to feel like lawyers but don't have the knowledge or skills to pull it off. In this instance all you had to do was acknowledge the costs risk so that the OP could take it into account, it's not hard to do.

 

I have reported the abusive content of your post and will say no more until it is looked at by the site team. I recognise of course that because one member of the site team will be asked to review another team member's post you will be vindicated and the OP will suffer as a result but at least I'm prepared to go through the motions of dealing with abuse properly rather than responding in the same manner as your own post.

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Guys can someone just answer my question/questions...

it does seem odd that everyone is now avoiding giving me a few rough figures,

 

 

Andy you said you would advise if I needed to do a U turn, is that time now?

 

 

I have to send this back on Monday, as it has to be in by Tuesday,

I've asked if I can use the additional 14 days to wait for more information

but also if i wanted to then admit within that extra 14 days could I?

 

I do really appreciate all of your help

the time has come to make my decision

i do need to know how stumped i will be if the judge rolls the other way

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Hi FF

 

Yes I did advise I would guide you and no the time is not yet...the claim has barley started.With regards to Fast Track and costs yes you are at more risk should it proceed and you lose...how much ...who knows...depends how long it drags on how many hearings .....what council is appointed.

 

You may as well ask me what tonight's winning lottery numbers are ? Perhaps mjt2013 will expand and explain as he appears so intent on unsettling you into not defending the claim?

 

 

Regards

 

Andy

We could do with some help from you.

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You can go the full 33 days...submit a defence.... go up to allocation without incurring costs.

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 The National Consumer Service

 

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  • 2 weeks later...

Hi Guys,

 

What do you reckon then?...

 

CCA request still not back and

 

I have to submit my defense by next Tuesday the 1st April,

 

can you guys point me in the right direction of what my defense is..

 

. and how to set it out please

 

as I doubt they will send the CCA by next Tuesday

 

and they never bothered with the CPR

 

so will that be enough to defend??

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good as we expected....

 

there are lots of like threads here with the defence here

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi guys, can anyone advise on my defence please... andy?

 

 

I have a couple of days and then I have to submit or retract!!!

no CCA or CPR has arrived yet

is there special jargon I need to apply in my defence,

please advise ASAP so I can write it up ready for Monday

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I will be around tomorrow and we can review where we are going with this FF.

 

Regards

 

Andy

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 The National Consumer Service

 

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

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If thats 33 days from the date on the claim yes.

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 The National Consumer Service

 

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what now?

I can either defend or retract and admit,

 

 

I don't really want to do that if there is a good chance that I can get it thrown out because of no CCA.

Or can I apply for more time to await the CCA or is it best to go for it now...

this was a 2003 agreement so I very much doubt they will find one, to be honest I can't even remember signing one...

 

Is no CCA alone suitable grounds for a defence?

i'm quite happy to continue to wind up IDRRRRR I do not want to do this at my cost..

I can suffer some court costs if the worst came to the worst but not thousands

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"Ok so what now?"

 

Need to prepare a suitable defence for submission by tomorrow....none compliance to a section 77/78 request is a valid reason to defend.Hence you defend to see if they can substantiate the claim......you are aware that you do owe the debt...but you are just questioning the claimant if they have the legal right to collect the alleged debt.

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 The National Consumer Service

 

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is there a standard/template form?

or how do I write that?

 

legal jargon is not my strong point,

 

however standing up in front of anyone and pleading my case is.

 

Do I state i'm aware of the debt?

 

Do I also write on the defence that they failed to address the CPR request and were quite childish in their reply to my request?

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Read some of the threads surrounding yours FF they all have defences as advised above by DX 6 days ago......there are no templates you look read and learn...find something similar...edit ...post here and I will tweak it so it is correct.

 

This is a self help forum we will assist but you must help yourself foremost.

 

Regards

 

Andy

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 The National Consumer Service

 

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I've searched the whole forum and cannot find anything on court defence or any letter text or anything related to it... any pointers??

as DX was supposed to have placed links in his suggestions but didn't

 

Do I also write on the defence that they failed to address the CPR request and were quite childish in their reply to my request?

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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 The National Consumer Service

 

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The poster does in the example provided.

 

You dont admit directly that's the skill of drafting a defence.

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 The National Consumer Service

 

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

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The " bottom bits " are fine Im not sure about 2/3...just state that you made the request and they failed to comply...no need for a running commentary as to who why and where for.

 

Lets bring their particulars forward so we can check your responses to what they allege:-

 

1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced ..................... .

and opened effective 04/07/2003 .The agreement is regulated by the consumer credit act 1974, was signed by the defendant and from which credit was extended to the defendant.

 

2.The defendant failed to make payment as required and by the 12/07/2013 a default was recorded.

 

3.As at 12/08/2013 the Defendant owed Barclaycard PLC the sum of £18,000,00.by an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 12/08/2013 and made regular upon the defendant shortly thereafter.

 

and the Claimant claims 1 £18,000.00

interest to section 69 county court act at 8% per annum from 12/08/2013 to 27/02/2014

of £££ and thereafter at the daily rate of 2.93 to date of judgment or sooner payment date 27/02/2014

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 The National Consumer Service

 

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

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