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    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • or PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH        For either option, does it say which appeals body they operate under. Yes      This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system. The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see. The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system. I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.    Below is CE  evidence to POPLA and  2 photos of my evidence. I have omitted other CE evidence as it includes personal and private details. I will upload POPLAS decision soon    CE to POPLA   ce to popla.pdf ce to popla 2.pdf ce to popla 3.pdf ce to popla 4.pdf ce to popla 5.pdf view approaching car park.pdf view from my parking bay.pdf   My statement and evidence to POPLA. in response to CE evidence highlighting main arguments.   18. We refer to the Appellant’s submissions that the signage was turned and difficult to see, however, we have attached an image plan dated 27/03/2019 which demonstrates there are many signs on the site which are readable and easy to see. The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured. Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.    19. The grace period was taken into consideration before issuing the Notice, and we have deemed this incident to have exceeded the allowed grace period.  Please note that whilst we do not advertise the grace period on signage, it is compliant with the guidance provided by the British Parking Association in their Code of Practice, which states that motorists should be allowed 10 minutes in which to decide if they are going to park or not.    20. Whilst we appreciate the Appellant’s submissions, we are unable to take into account mitigating circumstances; the terms and conditions of parking were clear. Furthermore, the Appellant failed to utilise the operator’s helpline phone number (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.    21. We refer you to paragraph 3-8 of our response (above) as well as the following statement made by the British Parking Association, which advises all motorists:    “Regardless of whether they park in private car parks, Council car parks or on-street, motorists should always park properly and always check any signage displayed to make sure they know and understand the rules that apply. This is especially so if they are visiting for the first time - in order to acquaint themselves with the prevailing Terms & Conditions for parking.”    Drivers have an obligation to check for signage when parking on private land – the signs do not need to be placed directly in the position where they parked, they      Horton House, Exchange Flags, Liverpool L2 3PF Tel: 0115 822 5020  Registered Office as above. Company Registered in England. Company Registration Number 05645677  Pa ge 7  simply must be placed throughout the site so that drivers are given the chance to read them (BPA Code of Practice, 18.3).    22. This Parking Charge Notice was issued under Schedule 4 of the Protection of Freedoms Act 2012.    23. The Appellant’s details were obtained from the DVLA on 10/07/2019 and the PCN was sent on 12/07/2019.  Par 18 . The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured...….. Me Not from where I was parked. A photo from the bay shows a pole with the sign facing away.  Par 18 . Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.......  Me I treat this paragraph with contempt. There is nothing to "highlight" here as I maintain I did not see any signage; Regardless ? I could have legally parked right outside the Surgery as there were spaces at the time but having "regard" for disabled and elderly, parked further away having to cross a busy road to the Surgery. Par 20....,. Furthermore, the Appellant failed to utilise the operator’s helpline phone number,,, (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.... Me How could I have done this ? I only realized there were signs there when the PCN arrived. Summary. I stand by statements and maintain that I did not see any signage entering or leaving the car park. The main sign at the entrance is too small and easily missed when you have to turn right though busy traffic and once through carefully avoid pedestrians, some walking their dogs. The main sign is blank at the back. When you leave the car park I would have noticed the private parking rules if the writing was on both sides. Roadworks signs close to the parking sign at the time did not help either. [see photo] CE evidence is flawed, illegal and contemptuous. Photos submitted are from months ago, Today I have driven into the car park and noticed the same signs turned 90 degrees including the one opposite my bay. CE have done nothing to rectify this disregarding my evidence and the maintenance of the car park. Showing number plates is a total disregard to patients privacy and I object to these photos being allowed as evidence on the grounds that they may be illegal.            POPLAS assessment and decision....unsuccessful   Assessor summary of operator case The operator states that the appellant’s vehicle was parked on site without a permit. It has issued a parking charge notice (PCN) for £100 as a result. Assessor summary of your case The appellant states that he parked on site to attend a dental appointment. He states that the terms of the site had changed since the last time he parked two years ago. He states that signage at the entrance to and throughout the site did not make the terms clear. The appellant has provided various photographs taken on and around the site. Assessor supporting rational for decision The appellant accepts that he was the driver of the vehicle on the date in question. I will therefore consider his liability for the charge as the driver. The operator has provided photographs of the appellant’s vehicle taken by its automatic number plate recognition (ANPR) cameras. These photographs show the vehicle entering the site at 14:17 and leaving the site at 15:13. It is clear that the vehicle remained on site for a period of 56 minutes. Both the appellant and operator have provided photographs of the signs installed on the site. The operator has also provided a site map showing where on site each sign is located. Having reviewed all of the evidence, I am satisfied that signage at the entrance to the site clearly states: “Permit Holders Only … See car park signs for terms and conditions”. Signs within the site itself clearly state: “DENTAL PRACTICE PERMIT HOLDERS ONLY … ALL PATIENTS AND VISITORS MUST REGISTER FOR A PERMIT AT THE PRACTICE RECEPTION ... IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100.” The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice. The operator has provided evidence to show that a search for the appellant’s vehicle has been carried out against the list of vehicles for which a valid permit was held on the date in question. The appellant’s vehicle does not appear on this list. The appellant states that he parked on site to attend a dental appointment. I accept that this may have been the case, however I do not accept that this entitled the appellant to park on site outside of the terms. The appellant states that the terms of the site had changed since the last time he parked two years ago. The operator’s photographs of the signage on site are dated 27 March 2019. It is clear based on these photographs that the terms had been in place for at least three months by the time the appellant parked, which I am satisfied was a reasonable period for any regular user of the site to adapt to any change to the terms. The appellant states that signage at the entrance to and throughout the site did not make the terms clear. He has provided various photographs taken on and around the site. As detailed above, I am satisfied based on the evidence as a whole that signage made the terms sufficiently clear. I am satisfied from the evidence that the terms of the site were made clear and that the appellant breached the terms by parking without registering for a permit. I am therefore satisfied that the PCN was issued correctly and I must refuse this appeal.  
    • Hi MIE   I have prepared for the fact that I might not win, although I would very much like to but has been factored into my plans to deal with my current debt and helping to reduce it.    In in regards to documentation....I have been asking for specific information, which they have refused to provide me with since 2013 and not just since I received the claim.    I’ve not received any documents or a response to my SAR.    Particulars of claim in #5.    Defence below (I know it’s not the best, but it’s all I could come up with).   DEFENCE   1. The Defendant received the claim xxxxxxxx from the Northampton County Court Business Centre on 10/08/2019.   2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.   3. This claim relates to an alleged salary overpayment.   4. It is admitted that the Defendant was employed by the Claimant from 02/02/2009 until 31/08/2011.   5. It is admitted that the Defendant has made a payment of £465 to the Claimant.   6. It is denied that the Defendant owes this whole amount as the Claimant has not provided the information and documents requested.   8. The Defendant is unable identify through financial records that amounts were received as alleged.   9. The Claimant has failed to provide bank account details of where payments were made despite being requested to provide this information.   7. The Claimants particulars of the claim fails to give adequate information to enable me to properly assess my position with regards the claim.   8. The Defendant contends that the Claimant is a public body that is requesting interest on a debt that is alleged to have been incurred as a result of a salary overpayment and not a credit agreement.   9. The Defendant contends that the Claimant is requesting interest from a date that is Statute Barred.   10. On the 12/08/2019 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor].   11. Claimant’s Solicitor has not sent any of these documents to the Defendant.   12. The Defendant has asked the Claimant Solicitor if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but no response has been received.   13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.   14. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.   15. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.   16. It is denied that the Claimant is entitled to the relief as claimed or at all.   Statement of Truth The Defendant believes that the facts stated in this Defence are true.
    • Thread moved to Debt Collection Agencies Forum.   Andy
    • We will also need a copy of the defence you submitted.I would advocate sending a CCA Request also...unless you legally request it they cant be in default.   Andy
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mortgage repossession law and practice in Scotland - updates 2015

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Hi,

I contacted SHELTER SCOTLAND regarding Calling up notice in Scotland and they gave me a very good information .Below i have paste the information from Shelter Scotland for fellow Scots who's been threathend Repossession by the Bank.

 

 

 

 

Dear ..............

 

 

Further to our telephone conversation I have the following information for you.

 

I note that you wish to challenge a Calling-up Notice on the basis that RBS have so far failed to provide you with a breakdown of the money due by you. There are two legal provisions to consider at this stage.

 

 

There are two legal provisions to consider at this stage.

 

Firstly, under Section 19(9) Feudal Conveyancing and Reform Act 1970, upon receipt of a Calling Up Notice, a debtor may request a ‘statement of the amount as finally determined.’ This must clearly be in response to the debtor having received the Notice, as opposed to a general request for information, Bank of Scotland v. Flett 1995 SCLR 591.

 

The creditor must respond within one month from the date of serving the Calling Up Notice (s19(9).

 

Should the creditor fail to comply with the request, the Calling Up is of no effect. Should they provide the statement as requested and within one month of service of the Calling Up, the notice will take effect. The debtor nevertheless has the opportunity to attend court or be represented, and she may have a Pre-Action Requirement defence as follows:-

 

It is also possible to raise court proceedings for suspension of a Calling up Notice, however this would be where the existence of the debt is disputed and not for a dispute as to the level of the debt, and the breakdown of the various component parts- interest, charges etc.

 

Secondly, under Section 24A(2) of the Feudal Conveyancing and Reform Act 1970 which covers the Pre-Action Requirements creditors are now required to provide the debtor with clear information about:-

 

(a)the terms of the standard security;

(b)the amount due to the creditor under the standard security, including any arrears and any charges in respect of late payment or redemption; and

©any other obligation under the standard security in respect of which the debtor is in default.

 

The Applications by Creditors (Pre-Action Requirements)(Scotland) Order 2010, Article 2 states that

 

(2) In providing the debtor with clear information for the purposes of section 5B(2) of the 1894 Act and section 24A(2) of the 1970 Act—

(a)information about the terms of the security must include a description of the nature and level of any charges that may be incurred by virtue of the contract to which the security relates if the default is not remedied; and

(b)information about the amount due to the creditor under the security, including any arrears and any charges in respect of late payment must be broken down so as to show—

(i)the total amount of the arrears; and

(ii)the total outstanding amount due including any charges already incurred.

(3) For the purposes of those sections “charges” do not include any expenses for which the debtor is personally liable to the creditor by virtue of paragraph 12 of Schedule 3 to the 1970 Act, as read with section 11 of that Act(1).

(4) The information required to be provided to the debtor by virtue of those sections must be provided as soon as is reasonably practicable upon the debtor entering into default.

 

It is not entirely clear whether this requirement to provide clear information applies both before expiry of the Calling up Notice and after expiry. In any event, it would be advisable for you write to RBS or their solicitors requesting this information before service and after expiry.

 

Should the creditor fail to comply with the Pre-Action Requirements the action would be incompetent.

 

If you receive court papers you should take legal advice as soon as possible.

 

 

 

Helpline Adviser

T: 0808 800 4444

 

 

Shelter Scotland

Glasgow Advice Service

1st Floor, Suite 2

Breckenridge House

274 Sauchiehall Street

Glasgow, G2 3EH

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pancake, can you please advise if this information is on Shelter's website ?


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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.

 

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Hi CitizenB,

Yes, you can get this information on the Shelter Scotland website. They were very helpful to me over the phone and email. The information above was that i received from an advisor from Shelter Scotland and she replied to me direct by email.

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Righto, thanks for that :)


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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

 

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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Hi,

 

Useful information for anyone lives in Scotland .

Information regarding repossession in Scotland.

 

The Article was written by GOVAN LAW CENTRE.

 

Security of your home

15 July 13

 

Since the 2010 Supreme Court ruling in Wilson, a number of sheriff court decisions have further clarified mortgage repossession law and practice in Scotland

 

by Govan Law Centre

The landscape of mortgage repossession procedure in Scotland has dramatically changed in recent years.

 

 

2010 saw the introduction of the Home Owner and Debtor Protection (Scotland) Act 2010,

as well as the crucial decision of the UK Supreme Court in Royal Bank of Scotland v Wilson [2010] UKSC 50.

 

The 2010 Act amended the legislative framework by strengthening the rights of home owners in repossession proceedings.

It stipulates that all such cases must call in court.

It sets down matters which a sheriff must have regard to, where a defence is stated.

 

 

These include the reasons for the default,

the likelihood of the debtor fulfilling their obligations under the security within a reasonable time,

any action taken by the lender to allow the debtor to fulfil these obligations,

whether the debtor is taking part in a debt arrangement scheme,

and whether the debtor and other residents will be able to source alternative accommodation on repossession.

 

Another significant element of the Act was the introduction of pre-action requirements (PAR),

through amendments to the Heritable Securities (Scotland) Act 1894

and the Conveyancing and Feudal Reform (Scotland) Act 1970.

 

 

The PAR (see panel) place responsibilities on lenders to carry out certain actions prior to commencing proceedings against a home owner,

thereby requiring lenders to demonstrate that they have considered reasonable alternatives to legal action.

A lender is only entitled to commence court action if they have complied with these requirements.

 

 

Accordingly, lenders have to provide evidence of PAR compliance in a Form 11C, which should be lodged with the court.

If a lender does not provide satisfactory documentation, the action may be rendered incompetent.

 

In November 2010, the Supreme Court in Wilson determined that calling-up notices are required in all cases

where lenders seek to instigate repossession proceedings for mortgage arrears.

 

This means that prior to raising an action,

a document giving two months’ notice to the borrower to repay the whole sum outstanding, including arrears, must be served.

The court held that a lender’s letter of default in this case did not satisfy the requirements of the 1894 Act.

This decision was revolutionary in clarifying the rights of debtors subject to repossession proceedings.

 

 

 

For the full article read.... http://www.journalonline.co.uk/magazine/58-7/1012824.aspx#VN8RRdlyGP9

 

 

 

Contributors to this article were Samantha Brown, Clare Burnie, Lynn Fraser, Christine McKellar and Laura Simpson of Govan Law Centre.

 

Govan Law Centre acted in the cases of Millar and McConnell, Doyle et al, Pervez and Gallacher.

 

Making PAR

 

Under the statutory pre-action requirements (PAR), lenders must:

 

 

1.Provide a homeowner with clear information about the terms of the loan,

and the total amount due, inclusive of any charges pertaining to late payment or early repayment.

Additionally the lender must provide the debtor with clear information about any other debt owed to them.

 

 

2.Make reasonable efforts to agree a repayment plan with the debtor.

 

 

3.Not commence court proceedings for repossession if the debtor is taking action to clear their arrears

or outstanding loan balance within a reasonable time; and

 

 

4.Provide the debtor with information on how to obtain advice about their debt management problems.

Edited by citizenB

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I have taken the liberty of merging your two threads

and placing them as a perm sticky

 

 

that way they wont fall off

please continue to post updates here

 

 

these are VERY useful

 

 

dx


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MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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

 

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Just been told by SHELTER sarah their not taking any new legal cases on..

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