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    • OC 's don't do court   dx  
    • you will also need a copy of the CCJ and the particulars of claim on the claimform as... you'll need the particulars of claim as we don't know the judgement sum nor if post judgemental interest was allowed. did you defend it? did you ignore it? did you not get it?  did you know nothing about it?   its very rare on welcome debt either taken to court by welcome (doubtful in 2013) or a DCA (more likely)  i will suggest the debt was already at £18k before the CCJ so nothing bar court charges were added   please advise  i love bashing welcome and DCA but we can't help until we know our actual target and who did what and when.                
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    • I am sorry not to have responded in time to your thread. I have an awful lot going on.   I am hoping that you still haven't sent off your WS  as I have just seen a copy of Southend Airport  ByeLaws 2020. which will help you no end.     https://d1z15fh6odiy9s.cloudfront.net/files/board-approved-london-southend-airport-byelaws-100220-d14ca659.pdf   If you go to Section 5  the headline reads 5. Prohibited acts on parts of the Airport to which the Road Traffic Enactments do not apply:   In other words the roads on the airport are either governed by the Road Traffic Act or the airport Byelaws- neither of which are classed as relevant land. Therefore PoFA DOES NOT APPLY throughout the airport.   Take a copy for the Court and point out that the VCS WS is somewhat lacking in accuracy. It is inconceivable that VCS have not read the Byelaws since they are operating there.    So looking at their WS it reminds me that a good few years ago it was said about the WSs of  parking companies that they and their lawyers simply do not care about the truth and are content with regularly supplying false information to the courts, happy that they will not produce a witness to defend their porkie pies, and that nothing bad will therefore happen to them.   This practice should stop since were the authors to have to appear in Court and challenged, their perjury would not only be clear to see but it would put a stop to the practice. If they don't turn up in Court they get away with their lies and are able to repeat them ad nauseam. And this WS is full of lies and misdirections -not that you can say in Court they are lies but you can point out where there is contradictions shall we say and let the Judge decide.    The WS says in point 31 that they robustly deny that their sign is prohibitive.    You could point out that  District Justice Glenn  in Parking Control Management (UK) Ltd v Bull & 2 Others (B4GF26K6, 21 April 2016), at the High Wycombe Court said    “If the notice had said no more than if you park on this roadway you agree to pay a charge then it would have been implicit that PCM was saying we will allow you to park on this roadway if you pay £100 and I would agree with Mr Samuels’ first analysis that essentially the £100 was a part of the core consideration for the licence and was not a penalty for breach.   The difficulty is that this notice does not say that at all. This notice is an absolute prohibition against parking at any time, for any period, on the roadway.   It is impossible to construct out of this in any way, either actually or contingently or conditionally, any permission for anyone to park on the roadway.   All this is essentially saying is you must not trespass on the roadway. If you do we are giving ourselves, and we are dressing it up in the form of a contract, the right to charge you a sum of money which really would be damages for trespass, assuming of course that the claimant had any interest in the land in order to proceed in trespass.”   And of course VCS cannot sue for trespass as they are not the landowners.  
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    • 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.
       
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      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.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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AK/Judge & Priestley - claimform - old MBNA card 'debt'


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Yes as per my post #169 above

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I cant read your draft its too small...but if you have used my template and assuming you have read my post # 187 then it must be ok.

We could do with some help from you.

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Attach a copy to the DQ and send the claimant a copy of the DQ and Draft.

We could do with some help from you.

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  • 2 months later...

Hi everyone, hope you had a good Easter.

 

I have received the attached document

 

 

requesting I send standard disclosure of documents by list...what is this?

 

 

I wish they'd speak in plain English.

 

 

Should this be sent to court or to Aktiv Kapital?

 

Am I right in understanding that if AK fail to send this then the case may be dismissed?

 

 

I keep hoping they'll back out or fail to provide what is requested....

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Hi everyone, hope you had a good Easter.

 

I have received the attached document

 

Courts Directions

 

requesting I send standard disclosure of documents by list...what is this? Standard Disclosure...normal process

 

I wish they'd speak in plain English.

 

 

Should this be sent to court or to Aktiv Kapital? Both at the different dates stated within the directions

 

Am I right in understanding that if AK fail to send this then the case may be dismissed? Yes and if you fail to comply... your defence struck out

 

 

I keep hoping they'll back out or fail to provide what is requested....

 

Dont miss any Direction and date to be complied with

We could do with some help from you.

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Ok so standard disclosure needs to be sent to AK by 4pm on the 14th, is that correct?

 

 

On the standard disclosure I had to Google it to get the definition (still struggling with the terminology).

 

 

Do I just send the CCA and CPR requests that I sent last year?

Standard disclosure – what documents are to be disclosed

 

31.6 Standard disclosure requires a party to disclose only–

(a) the documents on which he relies; and

(b) the documents which –

(i) adversely affect his own case;

(ii) adversely affect another party’s case; or

(iii) support another party’s case; and

© the documents which he is required to disclose by a relevant practice direction.

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Ok so standard disclosure needs to be sent to AK by 4pm on the 14th, is that correct?

 

 

On the standard disclosure I had to Google it to get the definition (still struggling with the terminology).

 

 

Do I just send the CCA and CPR requests that I sent last year?

Standard disclosure – what documents are to be disclosed

 

31.6 Standard disclosure requires a party to disclose only–

(a) the documents on which he relies; and

(b) the documents which;

(i) adversely affect his own case;

(ii) adversely affect another party case; or

(iii) support another partys case; and

© the documents which he is required to disclose by a relevant practice direction.

 

 

Anything in support or relied upon or referred to within your defence or witness statement.

We could do with some help from you.

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Good morning everyone.

 

I have just dropped in my defence from the original MCOL filing, could someone confirm that the sections I have highlighted below are those that I should be asking for proof of in my standard disclosure? Also is it ok to copy this as a list into the document asking for the proof supporting my defence?

 

"The claimant claims the sum of 13,xxx for debt and interest.

 

1. On xx.09.1997 the defendant entered into an agreement with MBNA for a credit card under reference4129xxx.

2. On xx.08.2009 the defendant defaulted on the agreement with an outstanding balance of 10,xxx.

3. On xx.09.2009 the debt of 10,xxx was assigned to Varde Investments(Ireland) Ltd, who itself assigned the debt to Aktiv Kapital Portfolio AS ZugBrand on xx.03.2012.

4. Notices of assignment were sent to the defendant in accordance with s136 Lawof Property Act 1925.

 

And the claimant claims

1. The sum of 10,xxx

2. Staututory interest pursuant to Section 69 of the County Courts Act 1984 ata rate of 8.00% per annum from 3.3.12 to 17.10.14 2,309.58 and thereafter at adaily rate of 2.41 until judgement or sooner payment

 

 

Defence

 

1. The Defendant contends that the particulars of claim are vague and genericin nature. The Defendant accordingly sets out its case below and relies on CPRr 16.5 (3) in relation to any particular allegation to which a specificresponse has not been made.

 

2. Paragraph 1 is denied with regards to an amount due under an agreement (s).The Claimant/Solicitor has refused to disclose any agreement/s or statements on which its claim relies upon.

 

3. I am unaware of any legal assignment/s the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

 

On receipt of this claim I requested information pertaining to this claim byway of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on the 10.11.2014 .To date I have had no response.

 

On receipt of this claim I requested information pertaining to this claim byway of a Section 78 request/s. I have yet to receive a response complying with the request. To date they have failed to comply and remain in default.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a)Show and disclose how the Defendant has entered into an agreement(s); and

 

(b) Show and disclose how the Claimant has reached the amount(s) claimed for;

 

© Show how the agreement(s) were breached/ terminated to allow the claimantrelief.

 

(d) Show how the Claimant has the legal right, either under statute or equityto issue a claim;

 

4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, as 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 Section136 of the Law of Property Act and Section 82A of the consumer crediticon Act1974.

 

6. By reasons 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
Standard disclosure in bold red
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you need to answer all of their 4 paragraphs

so where are replies to 2, 3 & 4?

 

 

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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I have marked the only two documents that you will be disclosing in bold red....

 

This is standard disclosure by you ....not the claimant...they will send you their list on receipt of yours......dont list your defence..they already have a copy.

 

Andy

We could do with some help from you.

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So do I not need to worry about the other three questions now? I thought they had to be done by the dates stated.

 

I just want to address this now so I know I get it right

 

Andy, could I please just clarify that I list what I will be submitting as my defence being my correspondence asking them for the CPR 31.14 and Section 78 request. Do I state they have still yet to reply? Do I need to include copies of the original requests?

 

So sorry for so many quetsions

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What 3 other questions?

We could do with some help from you.

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I haven't the foggiest what DX is referring to or advising......this is standard disclosure...nothing to do with your defence or asking for further disclosure.

 

Just remind me is this Fast Track?

We could do with some help from you.

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Okay are you using the N265 to list your disclosures?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?421287-LEGAL-N265-Standard-Disclosure-**Correct-as-at-March-2014**

 

On page 3 (the only part applicable to the defendant) list...

 

CPR 31.14 dated xxxxxx

 

Section 78 request dated xxxxxx

 

Send to the claimant and ask them to reciprocate...once (if) they reply they will send you theirs which will list what they wish to rely on...you then ask them for anything on their list you want ...they wont ask you as they already have them...and you exchange documents by the date stated within your Notice of Allocation Directions....

 

job done.

We could do with some help from you.

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Yes thats fine.

We could do with some help from you.

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