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    • Laura, I was surprised that the Director said that you hadn't appealed twice. I thought that the letter you posted on 24th June was the second appeal and that was to the IAS. And they did say that there was no further appeal possible. Could you please explain how many times you appealed. I am going to read your WS now.
    • In answer to your questions yes even though it wasn't called that, it was the NTK. Had it been a windscreen ticket you would not have received the NTK until 28 days had elapsed. In earlier times if the warden was present then a windscreen ticket would have been issued. It nows seems that the DVLA and the Courts don't see a problem  with not issuing a ticket when a warden is on site. A period of parking must mean that ther e has to be a start time and a finish time in order for it to be considered a period. A single time does not constitute a period. I am not sure what you mean by saying it could be taken either way.  All they have mentioned is  the incident time which is insufficient. There are times on the photos about one minute apart which do not qualify as the parking period because they are not on the PCN itself. The reason I asked if the were any more photos is that you should be allowed 5 minutes Consideration period for you to read the signs and decide whether you want to accept them and you do that by staying longer than 5 minutes. if  more  do not have photos of your staying there for more than 5 minutes they are stuffed. You cannot say that you left within the 5 minute period if you didn't , but you can ask them, should it get to Court , to provide strict proof that you stayed longer than the statutory time. If they can't do that, case over.
    • I recently bought some trainers from Sports Direct and was unhappy with them and their extortionate delivery and return postage charges. I tweeted about being unhappy, and received a reply from someone claiming to be from Sports Direct asking me to send my order number and email address by pm, so a claim could be raised. Which I (stupidly) did. The account used Sports Direct's name and branding, and a blue tick.  The following day I received a call from "Sports Direct Customer Service", and with a Kenyan number. They asked for details of the issue, and then sent me an email with a request to install an app called Remitly. They provided me with a password to access the app then I saw that it had been setup for me to transfer £100, and I was asked to enter my credit card number so they could "refund" me. I told them I was uncomfortable with this (to say the least), and was just told to ring them back when I did feel comfortable doing it. Ain't never gonna happen.  I just checked my X account, and the account that sent the message asking for my details is gone. I feel like a complete idiot falling for what was a clear scam. But at least I realised before any real damage was done. if you make a complaint about a company on social media, and you get a reply from someone claiming to be from that company and asking for personal details, tread very carefully.   
    • The good news is that their PCN does not comply with the Protection of Freedoms Act 2012  Schedule 4.. First under Section 9 (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; (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; The PCN does not specify the parking period. AS you rightly say the ANPR times do not include driving to the parking space and then from there back to the exit. And once you include getting children in and out of cars especially if seat belts are involved the time spent parked can be a fair bit less than the ANPR times but still probably nowhere near the time you spent. But that doesn't matter -it's the fact that they failed to comply. Also they failed to ask the keeper to pay the charge.  Their failure means that they cannot now transfer the charge from the diver to the keeper . Only the driver is now liable. As long as UKPA do not know who was driving it will be difficult for them to win in Court as the Courts do not accept that the driver and the keeper are the same person. Particularly as anyone can drive any car if they have the correct insurance. It might be able to get more reasons to contest the PCN if you could get some photos of the signs. both at the entrance and inside the car park. the photos need to be legible and if there are signs that say different things from others that would also be a help.
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Cabot, Mortimer Claimform - cat JD Williams TA Marisota 'debt'


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Today I have received a claim form for a debt with Cabot for a catalogue debt

to JD Williams TA Marisota.

 

Its for Northampton county court dated 6th August.

 

How do I follow this up now with CCA requests etc?

 

I Have successfully defended 2 other claims with help from here

but it was about 6 years ago and

I can't remember what to do.

The amount is for £385.81 plus costs so totals £470.81.

 

I haven't paid anything on this account for about 4 - 5 years,

my hubby is no longer around and I lost my job so couldn't afford to pay.

 

Thanks for any help

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yes ack the claim

 

defend all on MCOL

 

get a CCA request to Cabot off

 

and a CPR to the sols.

 

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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pers I would.

 

CPR details are in the legal section of the library tab top left

 

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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  • 2 weeks later...

Well Ive just received a reply from Mortimer...

 

'Further to your letter we are taking our clients instructions in relation to you request and will come back to you as soon as we can.

We confirm our client is willing to agree to the extension of 28 days for you to file your defence. Purusant to CPR 15.5(2) please notify the court in writing of the agreement.'

 

What is my next step now, I am going into hospital next Thursday for a major op and will be in for a few days and then have 8 weeks recovery time so want to make sure I sort things before I go in.

 

Thanks :)

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Can you answer the questions raised in this post here please

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

It will give the legal guys the information they need to go on.

 

If the date of issue is 6 August you have 33 days from then (including 6th August) to file your defence so you have time.

 

No need to rush to get the defence in at the moment.

 

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Thanks

 

Name of Claimant - Cabot Financial (UK) Limited

 

Date of issue - 6th August 2014

 

What is the claim for - By the agreement between J D Williams T/A Marisota ("Mari") & the defendant dated 18/09/2008 ("the agreement") Mari agreed to issue the defendant with a credit account upon the terms & conditions set out therein. In breach of the agreement the defendant failed to make the minimum payments due & the agreement was terminated. The agreement was assigned to the claimant on 13/01/2012. The claimant has complied with sections III & IV of practice direction - pre-action conduct. The claimant therefore claims 1. 385.81

 

Value of claim - £385.81 No interest shown added.

 

Claim is for a catalogue

 

Original agreement entered 2008

 

Debt purchaser has issued the claim

 

Yes I received a notice of assignment

 

Not sure if I received default notice from original creditor

 

Not been receiving statutory notices once a year

 

Ceased payments due to personal circumstances, hubby was no longer around and I lost my job.

 

No dispute with original creditor

 

Did not communicate any financial problems with original creditor due to the circumstances why hubby was not around.

 

Is this right? Not sure if I've answered evrything I need to.

 

Thanks again.

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We could do with some help from you.

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Thanks very much :)

 

Is this ok?

 

Particulars of Claim

 

1.By the agreement between J D Williams T/A Marisota ("Mari") & the defendant dated 18/09/2008 ("the agreement") Mari agreed to issue the defendant with a credit account upon the terms & conditions set out therein.

 

2. In breach of the agreement the defendant failed to make the minimum payments due & the agreement was terminated.

 

3. The agreement was assigned to the claimant on 13/01/2012. The claimant has complied with sections III & IV of practice direction - pre-action conduct. The claimant therefore claims 1. 385.81

 

 

 

Proposed Defence

 

 

 

a specific response has not been made.

 

1. Paragraph 1 is accepted. I have in the past held accounts with Simply B however I am unaware of any outstanding balances as alleged and it is therefore denied until such time the claimant can clarify and

comply with my request under section 78 of CCA1974.

 

2. Paragraph 2 is denied XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX.

 

3. Paragraph 3 is denied and the Claimant is put to the strictest of proof on the same. The Defendant contends that no notice pursuant to s.136 & 196 has been served upon him by the Claimant as alleged or at all.

It is denied the claimant has complied with sections III & IV of practice direction - pre-action conduct.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement/contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

 

 

3. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of

 

the consumer crediticon Act 1974.

 

5. On the 11th August 2014 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request

 

any relief until compliance.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited by Andyorch
Particulars added for cross checking
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Particulars brought forward and defence tweaked...you will have to complete your point 2.

 

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 OTHER

 

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Thanks again, I dont need to add the particulars of claim to my defence do I? Sorry just have brain drain since my op and can't think of what to write, saw this in the post you linked, would it be ok as stands true? Thanks :)

 

Paragraph 2 is denied and the Claimant is put to the strictest of proof on the same.

 

(a) show how the Defendant has entered into an agreement/contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

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No need to add the particulars...that is there just to draft and check your defence in that you are responding to each and every point that the claimant pleads.

 

So you now state that their paragraph 2 is denied ...you didnt miss any alleged payments and the agreement was not terminated?

 

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 OTHER

 

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

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Sorry, I read the wrong part. yes i missed payments, cont remember getting a letter of termination but the letter from Cabot saying they are asking for payment does this count as termination?

 

Can I just write paragraph 2 is accepted?

 

Thanks

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Sorry, I read the wrong part. yes i missed payments, cont remember getting a letter of termination but the letter from Cabot saying they are asking for payment does this count as termination?

 

Can I just write paragraph 2 is accepted?

 

Thanks

 

Better to state it is denied because you never received a default notice from Simply B...if that's the case?

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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Ah bum, I just filed as I needed to get to bed. I accepted I didnt make payments but never received any default notice. I know when you miss payments you are supposed to get one but I didn't. Probably messed it up now, so ill at the moment and haven't got the energy to do this so will just see what happens next.

 

Thanks for all your help.

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  • 1 month later...

I got a reply a couple of weeks ago saying - "We are taking our clients instructions in relation to your defence and will come back to you as soon as we can. We will place this matter on hold until we hear further from it."

 

In the meantime I have had another claim form from the same, Cabot/Mortimer but for a different debt.

 

 

I acknowledged the claim and sent off CCA and CPR requests.

 

 

Today I have received a response exactly the same as the above one but also a without predjudice letter offering me 40% off the debt

and a form to fill in for my financial position and saying if I agree they will send me a Tomlin order.

 

 

Why have they sent this for this debt and not the previous one and I plan on ignoring the offer. Is this the right thing to do?

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There is no right or wrong ER its your decision...I personally would sit tight and wait for both to be discontinued.

 

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 OTHER

 

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

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

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if they are offering a discount there more to be had then they are offering 99/100

get an sar off to the OC

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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