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    • Thank you all for your input so far. I have now received a letter back from my CPR 31.14 stating 'CPR 31.14 is not relevant to small claims matter, pursuant to cpr 27.2......we are under no obligation to disclose the documentation at this stage.' I assume this response is expected?   I have reworded my defence and made it more succinct, I'm not sure what else I could add?   1. Due to the sparseness of the particulars, 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.   2. It is admitted that the Defendant was the registered keeper of the vehicle in question. However, the defendant has no liability as they are the Keeper of the vehicle, and the Private Parking Company has failed to comply with the strict provisions of PoFA 2012 to hold anyone other than the driver liable for the charges.   3. Signage at the site is not sufficient. A sign is present on the left hand side of the entrance, away from the driver, and therefore cannot be easily read by the driver of a passing vehicle. On closer inspection this sign states ’Refer to the full Terms & Conditions signs located throughout the car park’. Signs are located so that information is often obscured by other parked cars and is difficult to read. These signs state ‘Entry to or use of this privately operated and managed car park is subject to the current terms and conditions of vehicle control services ltd. Motorists/persons utilising this car park hereby accept in full the terms and conditions.’ Therefore, the driver is deemed to have agreed to the terms and conditions by having entered the car park before knowing what those terms and conditions are. The elements of offer, acceptance and consideration both ways have therefore not been satisfied and so no contract can exist.   4. The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4 not with reference to the judgement in parking eye v Beavis. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the civil procedure rules 1998    In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4. 
    • On side note: I have notice that many people without the skills to argue their point, accuse others of being rude, racist, sexist, homophobic etc. I.E. Excuse me, i don't have a receipt for this refund, but i have my bank statement,  can i get a refund? -No, no receipt no refund - But your policy and the law says "proof of purchase" not "receipt " - You're rude/racist/homophobic, you must leave now or i call security.    I see this happening day in day out. Even kids do it, they're very quick at gaining a crowd's attention by shouting "racist/homophobic" so they can feel they've won the argument.  Sad.  
    • The advice is: make a complaint and get a refund. Then make another complaint about the inspectors attitude if you want, but changing the world is something that it's not going to happen, surely not for an excess fare. Inspectors are given discretion and unfortunately some of them take this as a sign of power over other people. It's impossible to sack all people who have a little position of power and employ more, hence the complaint system.  That's life and as .much as everyone of us want to improve it, it's an impossible task, so don't waste your time and brain on it. Just accept that there are things you can't change.  Get your refund, get your apology, then move on. That's my advice.
    • Hi.   I've removed part of the account number to keep this anonymous for you.   Have npower done what the ombudsman said?   HB
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Checked my Noddle credit report, and there is an entry by MMF for a "Student loan"

 

First up, I do not recognise the account or the balance, and secondly I have never taken a student loan.

 

What is my course of action? Do I send a formal complaint to MMF instructing them to remove this entry from my credit files? Advice please. Image attached...

 

[ATTACH=CONFIG]52501[/ATTACH]

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It's likely a PDL or a catalogue card or similar. MMF seem to think they can mark a debt however they feel like and even change default dates and amounts for their own gain.

 

You could add a notice of correction to it on the CRA, while getting a full complaint to the compliance manager at MMF ( if they even have one). The CRA will then ask MMF to explain and give more details.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Would a leter such as this be sufficient?

 

FORMAL COMPLAINT

 

This notice is with regard to a default entry made to my credit files. The entry is as follows:

 

Motormile Finance Uk Limited Balance: £ 578 Updated: 01/04/2014 Status: Default

Name *************

Address *************

Date of birth*************

Account type Student Loan

Account number ****6751 0

Account start date 18/06/2012

Opening balance £ 578

Repayment frequency Monthly

Date of default 13/07/2012

Default balance £ 578

 

 

I do not recognise this account in any way. It is my belief that this entry is fraudulent, and as a result, requires IMMEDIATE REMOVAL from my credit files.

 

PLEASE NOTE: This is not an acknowledgement of any debt, and the onus is on yourself to prove without doubt this debt is mine. This is not a SAR request, therefore there will not be a £10 fee for this service.

 

A copy of this letter will be forwarded to the FCA under the heading CREDIT FITNESS, along with copies of your correspondence.

 

 

Yours faithfully,

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Would a leter such as this be sufficient?

 

FORMAL COMPLAINT

 

This notice is with regard to a default entry made to my credit files. The entry is as follows:

 

Motormile Finance Uk Limited Balance: £ 578 Updated: 01/04/2014 Status: Default

Name *************

Address *************

Date of birth*************

Account type Student Loan

Account number ****6751 0

Account start date 18/06/2012

Opening balance £ 578

Repayment frequency Monthly

Date of default 13/07/2012

Default balance £ 578

 

 

I do not recognise this account in any way. It is my belief that this entry is fraudulent, and as a result, requires IMMEDIATE REMOVAL from my credit files.

 

PLEASE NOTE: This is not an acknowledgement of any debt, and the onus is on yourself to prove without doubt this debt is mine. This is not a SAR request, therefore there will not be a £10 fee for this service.

 

A copy of this letter will be forwarded to the FCA under the heading CREDIT FITNESS, along with copies of your correspondence.

 

 

Yours faithfully,

 

 

Inaccurate for the following reasons not fraudulent!

Did you ever have student bank account and or credit card?

As this is a Noddle (2nd hand data) report you need to check Equifax and or Experian for more up to date information and the name of the original creditor, if you are going to challenge MMF you will need to be well informed.

A complaint to the FCA should e headed " Fitness to hold a Consumer Credit Licence".

 

 

Address Neil Petty the MD. Use signed for post, don't expect a rapid response.


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I have never been a student, therefore whatever it is these muppets have bought, they have described it incorrectly.

 

As MMF are renowned for buying PDL's, I am worried that something has been taken out in my name. This is why the word "fraudulent" is playing on my mind. I do not recognise the debt and sure enough do not want it soiling my credit record.

 

Any advice is welcome.

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send them a CCA request.

 

that will identify the debt

them if its not yours

you can act on it

 

and even sue for compensation

 

dx


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I have never been a student, therefore whatever it is these muppets have bought, they have described it incorrectly.

 

As MMF are renowned for buying PDL's, I am worried that something has been taken out in my name. This is why the word "fraudulent" is playing on my mind. I do not recognise the debt and sure enough do not want it soiling my credit record.

 

Any advice is welcome.

 

 

Any PDLs


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I have no outstanding PDL's so there is really no reason for this to arise. I guess the CCA request will be in order to find out just what this is all about.

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I have no outstanding PDL's so there is really no reason for this to arise. I guess the CCA request will be in order to find out just what this is all about.

Yes certainly send a CCA request address it to Neil Petty.use signed for post.

A postal order for £1.00 marked clearly " for statutory fee only" is best, don't listen to any crap about them having 40 days to comply it's 12 +2 Working days and no more.


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how about some blank lines and sentences

 

 

dx


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Bondageparaphillia I have popped some spacing into your post to make it easier to read.

 

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I thought I would try to find instances where Motormile Finance UK Limited have purchased debts

supposedly from pounds till pay day

which is actually the trading name of Northway Financial Limited

or Northway Financial Corporation Limited

part of the

Northway Group Head Office Malta Northway Group. Level 5, Plaza Commercial Center Bisazza Street Sliema SLM 1640.

 

They Motormile seem to operate in this way,

an supposedly outstanding debt of some age

perhaps 4 or 5 years ago from pounds till payday (Northway Financial),

which they state they purchased- suddenly appears as a default on your credit rating,

 

 

usually you have not checked this so

 

 

to give an example you receive a letter stating that an outstanding debt has been purchased

dated say July 2014 for a sum owing from 2010 say November,

 

 

you have not heard from them and of course believe that either you don't owe the money as you have already paid it or that it must be a mistake,

 

 

you check your credit rating (Noddle is best as it is free) and find that two or three months before the letters date they have defaulted you with every credit rating agent.

 

They may say you owe them £500,

you phone and arrange to pay because you don't want any more defaults,

 

 

however, inevitably you find that even after the debt is satisfied that they continue to default your accounts (just a mistake?).

 

 

Of course the original owner of the debt never defaulted you at all concerning the supposedly outstanding sum,

what do you do,

you complain to the Authorities Financial Ombudsman Services, Trading, CSA, Trading Standards.

 

Now if anyone replies to this post I will post the letters and information you need to get these defaults removed,

 

 

compensation/damages and the amount you paid back,

 

 

yes you will need a solicitor,

yes you will need to be patient and

you will need to pay because NO Legal Aid is available to deal with these people.

 

 

you don't need any sols

and you don't need to pay anyone anything.

inc MMF this supposed 'debt'

 

 

paying a debt does not remove any defaults

nor improve your credit rating one bit.

 

 

MMF [as with any debt buyer] CANNOT magically make an account [RE] appear on your CRA file

only the original creditor can default you

 

 

sorry but this sounds like a bit of a spoof or money making exercise.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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And there we have it. Just another mindless troll. At least make it entertaining. It is christmas after all :)


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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ho ho I guessed right

 

 

bye bye.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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And there we have it. Just another mindless troll. At least make it entertaining. It is christmas after all :)

 

Fancy him talking about his family that way, no respect. :)

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