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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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fell for bulllying from 1st Stop Loans


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Please could you advise

 

 

I borrowed an original amount of £225.00 from 1st stop home loans back in june 2013.

 

 

I had problems and

added them to step change and was paying them at £5.00 a month.

 

 

They have been calling and emailing and threatening me until I gave in yesterday and agreed to pay them a further £350.00 instead of £486.38.

 

 

I have already paid them £76.00.

 

 

They are really horrible and nasty.

 

 

I called stepchange this morning in tears and they have given me a CPA letter for my bank,

 

 

I have sorted everything with my bank and no payments will be taken tomorrow .

 

 

However, I want them paid off as they are really scary.

 

 

They keep threatening court etc ( for £225)??

 

 

I CCA’d them a few weeks ago and have uploaded the agreement and

my account with details removed.

 

 

The original amount was £225.00,

Charges are £12.00 for arrears and

then £20.00 to go to litigation as it says in the agreement.

 

 

There is a lso a daily charge of £2.90 a day for 60 days.

 

 

However, I am led to believe that we pay back original loan plus one month interest plus charges

so I make that £225 (loan) + 78.75 (original interest ) + £12 (default fee) + £20.00 ( litigation)

and not the £2.90 a day x 60 days

 

 

Total amount to pay back £335.75.

 

 

I have already paid £76

 

 

I make that I owe them £259.75.

Am I right.

 

 

I have put a CPA in to stop the £350 and

 

 

I will pay them via bank transfer the £259.75.

 

 

Will they leave me alone or take me to court after.

 

 

I am so worried as he is really horrible on the phone and

 

 

im scared he’ll come to my house

 

 

Please help,

 

 

i really am trying to sort my debts

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attachment unapproved for safety of pers info.

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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you can reclaim those PENALTY charge

 

 

and the litigation fee

 

 

if they have NOT issued a court claimform.

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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Share on other sites

OK, completely forget any notion or idea of these turning up unannounced on your doorstep demanding money.

This is 2014 not 1914, the days of thugs with baseball bats turning up to 'encourage' you to pay their loan are long gone.

 

Secondly STOP talking to them over the phone, I 100% guarantee that the phone jockey would never commit in writing what they have threatened you over the phone with.

 

You can totally ignore everything they have said over the phone, this will be complete lies and idle threats purely designed to intimidate you into paying money you can't afford and likely don't owe.

 

The fees they have added are most likely unlawful and can't be added, although you have the paperwork with the T&C's? In the small print of the T&C's check and see what it says about adding these fees and charges, most likely they are unenforceable and unfair terms to the consumer and can be argued against.

 

NO phone calls, if they ring laugh and hang up, DO NOT discuss anything with them over the phone, if this is with CCCS then you need to tell them that this clown outfit is harassing you.

 

Keep a diary of events also, log all phone calls they try and make with a view of reporting them to the police for the criminal offence of harassment.

 

Keep ALL correspondence including their envelopes.

 

Being in debt is NOT a criminal offence, these clowns are deliberately trying to exploit your lack of knowledge and intimidating you into making payments you can't afford.

 

Keep EVERYTHING in writing, if you send them anything keep a copy of it, and send them 2nd class post with ''proof of posting'' which is free from the PO counter.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks,

so don't pay them 259.75 tomorrow.

 

 

As I want rid and sold my bike is can afford to get rid them.

 

How much do I pay.

 

 

Loan of 225 plus 1 month interest of 78.75. Total 303.75 minus the 76 quid paid.?? 227.85

 

 

I can send by bank transfer tomorrow.

 

 

Also, may checked my records.

Not on bank credit but it's on equifax.

 

 

On equifax or had nothing about any payments or defaults,

it's just blank apart from their name and an amount of 568 pounds.

 

I will do as you say.

I'm trying to clear my pay day loans.

 

 

Is it original amount plus one month interest as a general rule.

 

 

I can't see a court doing a judgement if I've paid the original amount plus interest.

 

 

Can you??

Thanks, feel much better now

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Thanks, so don't pay them 259.75 tomorrow. As I want rid and sold my bike is can afford to get rid them.

How much do I pay. Loan of 225 plus 1 month interest of 78.75. Total 303.75 minus the 76 quid paid.?? 227.85 I can send by bank transfer tomorrow. Also, may checked my records. Not on bank credit but it's on equifax. On equifax or had nothing about any payments or defaults, it's just blank apart from their name and an amount of 568 pounds.

I will do as you say. I'm trying to clear my pay day loans. Is it original amount plus one month interest as a general rule. I can't see a court doing a judgement if I've paid the original amount plus interest. Can you??

Thanks, feel much better now

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additional attachments unapproved

 

 

per info showing

 

 

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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the statement you've posted shows £455.38 as the loan amount but the "contract" says £255 so they added £200 in the first month? then added their penalty charges and the very dubious litigation fee?.

 

Can't help thinking they think they've got a mug, personally I wouldn't pay them a penny more until they learn how to add up.

Illegitimi non carborundum

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Another thought,

In their t&c's it states £12 for not paying on time and £20 to refer it to their litigation team after 60 days.l

but they applied the £20 after 2 days then added a £75 litigation fee 2 weeks later which is not mentioned in their made up rules.

It would seem that they have broken their own t&c's

Illegitimi non carborundum

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it's just blank apart from their name and an amount of 568 pounds.

 

so they've added another £82 to your account? (statement says £486 arrears) again, against their t&c's

 

Don't think this is ever going near a court, and again I wouldn't pay them a penny unless you want to offer them the original 255 if they remove that inaccurate marker on your credit file

Illegitimi non carborundum

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i will pay them original loan of £225 minus the £76 paid. £149 total. I have emailed them and told them. I cant see any court in the land touching it if the amount has been paid back. they are bulliesI am going to pay off my other loans at original amount only now. Especially after Wonga yesterday. Is that the right thing to do. I want clear of these small debts and my big ones too!!!

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i will pay them original loan of £225 minus the £76 paid. £149 total. I have emailed them and told them. I cant see any court in the land touching it if the amount has been paid back. they are bulliesI am going to pay off my other loans at original amount only now. Especially after Wonga yesterday. Is that the right thing to do. I want clear of these small debts and my big ones too!!!

Just reading through this from start to date, it seems that if legal action was a viable prospect it would have been started long ago.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Just got this email This is a formal notice informing you we are at the last stage before we seek to obtain Judgement against you.

 

You have not made any offer to pay by instalments. If you do not pay by instalments or lodge a defence we will notify the court within the next 7 days that the debt is still owing and as a result a Judgement in default (CCJ) will be requested.

 

 

 

County Court Judgment - what does this mean? (CCJs) are legal decisions handed down by county courts, a CCJ will have a very negative impact on your credit rating and will make it near impossible for you to gain any form of regular credit or finance for a whole 6 years from when registered.

 

 

 

Reasonable and Affordable Repayments are available to you if you contact us to resolve .

 

 

 

To avoid this intended course of action please contact us immediately on

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And now they've just sent this Thank you for your recent email.

 

 

 

You signed the loan agreement which stated the charges on, as you are not making the agreed £350 settlement, we will continue with our Litigation Process.

 

 

 

We have sent via post and email our intended notification of court action, no settlement is now on offer. You do not have to call the office nor will we call you now as you will receive the court paper work.

 

 

 

We did try to avoid this by agreeing to a £350 settlement as this arrangement is going to be broken we have had no choice and have to continue

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Just got this email This is a formal notice informing you we are at the last stage before we seek to obtain Judgement against you.

 

You have not made any offer to pay by instalments. If you do not pay by instalments or lodge a defence we will notify the court within the next 7 days that the debt is still owing and as a result a Judgement in default (CCJ) will be requested.

 

 

 

County Court Judgment - what does this mean? (CCJs) are legal decisions handed down by county courts, a CCJ will have a very negative impact on your credit rating and will make it near impossible for you to gain any form of regular credit or finance for a whole 6 years from when registered.

 

 

 

Reasonable and Affordable Repayments are available to you if you contact us to resolve .

 

 

 

To avoid this intended course of action please contact us immediately on

 

 

 

Has a claim actually been started?

 

 

If not this is a misleading letter, they cannot just apply to court for a judgement.

 

 

There is a set process for court action.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I've just sent this I am sending £229.75 by bank transfer which is the original loan amount plus one month interest at 78.75.

I have paid you £76 already,

I consider this matter closed and do not acknowledge any further debt to you.

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I've just sent this I am sending £229.75 by bank transfer which is the original loan amount plus one month interest at 78.75.

I have paid you £76 already,

I consider this matter closed and do not acknowledge any further debt to you.

 

 

Follow that up in writing and use signed for post for your own protection!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi, just got the letter today that was written and emailed to me on Friday after I paid the 229. Which is the loan amount plus 1 month interest minus the amounts already paid.

Surely if I have paid back add above then there is nothing to go to court for. what are they playing at?

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frighteners

 

 

ignore

 

 

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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Share on other sites

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