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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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Claim form Lowells/Carter - Statute barred Cap1 debt -***Claim Discontinued***


Realist
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I am actually quite surprised they havent realised there is already a judgment on this account - have you confirmed with the register of judgments..

 

trustonline http://www.trustonline.org.uk/

 

It will cost you £4.00 I think - I would think you might need to enter the address that they believed you were living at, at the time of the Judgment.

 

Would either Capital One or Lowells have been aware that you had moved ? If they had arranged for court papers to be issued to an address that they knew you were not living at - that could be a huge plus in your favour.

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trustonline.org.uk which cost £10 shows a CCJ from 2008 for £388.00 and checking her credit file it is indeed £388 so where I got £441 from I don't know getting confused now, but that's up 24/11/2008.

 

 

So lets start again................

 

 

New order as above fresh court order.

 

 

Found how to log into the courts site and find below my defence.

 

 

Defence.

This alleged debt is barred by the Statute Of Limitations Act 1980

 

limitation act 1980 Section 5 “an action founded on simple

contract shall not be brought after the expiration of six years

from the date on which the cause of action accrued.”

 

The last contact/payment made was over 7 years ago and no further

contact/payment has been made to date.

History Claim:

A claim was issued against you on 27/02/2014

 

 

Your defence was submitted on 01/03/2014 at 10:20:51

 

 

Your defence was received on 03/03/2014

 

 

 

 

 

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It was assigned to/purchased by Lowell Portfollio Ltd on the 14/08/2009 we moved into the current address in 2007 and the last payment/contact was made I would say in 2006 so that's 8 years ago now.

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I know where I got those figures from the £441 is on her credit file NOT as a CCJ but as a default.

 

 

Default date: 08/04/2008

Started: 02/02/2007

Account updated: 11/10/2009

 

 

This is where I was thinking it was a reissued CCJ but its not, its a default.

 

 

So if she defaulted on the 08/04/2008 that's coming up 6 years next month and the last contact was 2007/8 which is indeed 6/7 years ago.

 

 

They are trying it on because its coming up 6 years plus old so I presume they was hoping this would be the last resort and we would cough up or contact them, which we have not since we moved in 2007.

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Guys,

 

 

Not received anything from Lowells or the courts and when I log into moneyclaims online it says:

 

 

A claim was issued against you on 27/02/2014

 

 

Your defence was submitted on 01/03/2014 at 10:20:51

 

 

Your defence was received on 03/03/2014

 

 

And that's it?

 

 

How long do they have to reply to my defence and what do I do if they do stick to there guns and dispute it?

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Received a letter from the courts today as follows:

 

 

Take notice that:

 

 

1: This is now a defended claim.

The defendant has filed a defence, (copy not enclosed).

 

2: It appears that this case is suitable for allocation to the small claims track.

If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why.

 

 

 

3: You must by 22 April 2014 complete the Small Claims Direction Questionnaire (form N180) and file it with the court office

 

Northampton etc etc.

 

And serve copies on all parties.

 

 

So now what do I do?

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3: You must by 22 April 2014 complete the Small Claims Direction Questionnaire (form N180) and file it with the court office

 

And serve copies on all parties.

 

As above

We could do with some help from you.

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Yes I know the papers must be filled in and returned by the 22nd April but what does she say, do, write defend??

 

 

The debt is statute barred as far as we are concerned and they are pushing their luck.

 

 

PS,

In a fit of temper the papers received today are now in bits with an argument with the other half.

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All the instructions are enclosed within the N180 you simply tick the boxes and sign and return to court ....send the claimant a copy.

 

If its now in shreds you will have to download a fresh copy.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Ok, form filled in and accepted mediation, printed two copies off and sending one to courts and one to Bryan Carter.

 

 

Now...........

 

 

What letter do I also send to Bryan Carter to get all the data, letters, details, contracts etc they have so that we have a paper trail to show in court.

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  • 2 weeks later...

Realist, Who did you send the CCA request to? It should have gone to the claimant. In theory, they have 12 working days + 2 to provide this to you. In practice, they will take their own sweet time and you may or may not receive a copy any time soon.

 

Did you send a CPR 31.14 request in order to obtain copies of any document mentioned on the claim form ?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

Did you send a CPR Part 18 request for information on other issues that were not mentioned in the claim form ? The attachment below is an EXAMPLE only - please do not simply copy and paste it. Both the CPR Requests should be sent to the solicitor. You should send by Recorded Delivery at the very least.

 

[ATTACH=CONFIG]50442[/ATTACH]

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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This is what I sent to Carters

 

 

Dear Sir or Madam,

 

Re:− Account/Reference Number ****************

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of s.77 (6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5 (2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee.

Note: That these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

 

Yours faithfully,

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That CCA request should have been sent to the Claimant. Although BC should have sent it to his client (the claimant).

 

Did you send it by a tracked method ? If the answer to the first question is yes, then do check on the RM track n trace website to see if it has been received and signed for - print off the signature if it is available or the delivery notice if only that is available - keep it with your copy of the CCA request and the RD slip.

 

I would suggest you send out a the CPR requests that I provided links/draft for above.

 

The CPR31.14 - you can only request

 

1: The agreement

2: The Notice of Assignment

3: Statement of account showing how the amount being claimed has accrued - to identify default/penalty charges.

 

The CPR part 18

 

I think both of those requests for information eg the Default Notice and the last payment made are relevant to you, there isnt any thing else you need is there ?

 

You can pop both requests in teh same envelope and there is no fee.

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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All it says on MCOL is:

 

 

A claim was issued against you on 27/02/2014

 

 

Your defence was submitted on 01/03/2014 at 10:20:51

 

 

Your defence was received on 03/03/2014

 

 

And that's it?

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