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    • doesn't matter you've admitted about the DN and anyway where have you done that and to whom?   by assignment arrows are the creditor regardless to your acking of that fact or not.      
    • Just ignore the letter.   Block/bounce their emails or let them come through so you know what they're up to, and keep us posted.............   😎
    • 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.
    • For 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.      My statement and evidence to POPLA. in response to CE evidence highlighting main arguments.   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.   docs1.pdf
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mrcooper

Cabot/Weigtmans Claim Form- Lloyd's loan 'debt'***Claim Discontinued***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1607 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Thank you

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1000's of speculative claims issued every week

 

 

hoping for a non contested default judgement


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" have spoken to Weightmans who have confirmed that they received notification from their client on 31st March to go proceed with court action"

 

Doesn't mean they have advised the court to proceed...that's just for your benefit...mind games do not copy that letter to them.

 

Andy


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Quick update

 

- the court have advised me that they have received Cabot/Weightmans intention to proceed

and that a N181 form is on its way to me vai snail mail.

 

They were kind enough to email me through the form though so that I could have a look at what is required for the next step.

 

I can do the form but have a question about the Draft Disclosure list.

 

..do I list everything that I want to see from them as per CCA/CPr31.14 requests already sent to them (still no compliance)

or is that done later in the process?

 

trying to help myself as much as possible and have been reading other threads and saw your advice to others about this stage..

 

 

I have had a look at the post on http://www.consumeractiongroup.co.uk...received/page4 as you suggested for the others,

 

 

my question is probably a little stupid but

 

 

in the example posted Point 3 is By ? on ? etc.

 

 

Who should I put me or Cabot and in which order please?

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No they are for dates to be inserted by....but the court will set them.The example provided is the DJ directions gathered from the parties submitted directions and only an example for you to consider when preparing your directions.


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OK..Thanks

 

When I have put something together would it be alright to post it up for someone to have a look at?

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Hi andyorch

 

1st attempt below - edited from one of yours I think:

 

Inthe Northampton County Court

Claim number xxxxxxxx

 

 

Between

Cabot Financial - Claimant

 

and

 

xxxxxxxxxx - Defendant

 

Draft Order for Directions

 

 

The Claimant must clarify the case set out in thedocuments sent to court so far. That party must deliver to the defendant andthe court office by 4pm on …….

Written details and copies of:

(1) The original credit or other agreementbetween the defendant and Lloyds TSB which complies with the Consumer CreditAct 1974 and all subsequent regulations, which the claimant seeks to rely upon.

(2) The default notice compliantwith s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Defaultand Termination Notices) Regulations 1983 (SI 1983/1561) as amended.

(3) A full statement of account settingout how the debt is calculated.

(4) Document,contract or deed of assignment with proof of service of the same compliant withs196 of the Law of Property Act 1925.

(5) Copiesof any statement or other document relied upon.

(6) The original documentsmust be brought to the hearing.

If the Claimant fails to comply with this order, the claim will be struck outwithout further order with costs in the case.

 

The Defendant shall thereafter file and serve the following:

 

(7) An amended defence sufficiently particularised in response to the documentssupplied by the claimant.

Not sure whether (6) is worth adding? I am still waiting for Lloyds to send SAR documents. Also, something wierd going on with my Experian credit history too, amounts go from £15k down to £0 for 2 months last year then go up again to £12k ,£3k less, not sure whats going on there at all!

 

Another question, is it worth another letter to Cabot reiterating that surely they should be able to comply with my CCA request now that they have initiated court proceedings?

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Directions as in the sense of how the claim will proceed up to trail...not really disclosure ...the court directs disclosure.


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Have received Proposed Directions from Weightmans asking me to agree to Small Claims track ( for 12k!!!) & also to a 3 month stay !

 

Don,t think so from all I,ve been reading....why would I want to give another 3 months when they have already had since February!

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Wouldn't you rather it be SCT?

 

It just seems weird to me that they have chosen to instigate possible court proceedings for an amount which

,if you follow the rules, should be automatically assigned to Fast track,

which is evident in my receipt of the N181, because they have the documentation to back it up..and they want a further 3 months on top .

 

 

They are asking for a court date near to Xmas.

.if they have something why have they not produced it after telling me in writing that the debt is unenforceable

and then still going ahead?..

 

 

I am happy to fight this as I am in the unenviable position of having absolutely nothing to lose with a partner backing me to the hilt..

 

 

...I understand that SCT is a less risky option with regards to costs but if they have nothing enforceable will they really risk me getting a judge who is knowledgable on CCA ?

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OK...so I know I am relying on them to have some sort of common sense about what they can produce but would appreciate any advice on whether to accept/ or not the change of track and whether I should just stick to my guns and get them to full disclosure stage ( in receipt of an SAR acknowledgement request fulfilment from O C on the 8th May which should be really interesting!) for all sorts of reasons

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they ask for a 3 mth stay, guessing maybe cause they havent yet had any info back from the original creditor re yr cca request? have they responded to that at all further from their template letter; looking for it, no enforcement until?


IMO

:-):rant:

 

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Have received a Notice of Discontinuance:-) Is there anything else that I need to do other than check that the Court has received the same?

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No..... that concludes this little matter MrCooper.

 

Well done...... thread title amended to reflect the outcome.

 

Regards

 

Andy


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:)

IMO

:-):rant:

 

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hey 10/10 for holding your nerve

 

 

dx


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A quick question - I have sent a Debt in Dispute letter to Cabots and asked them the stop updating my CRF.... is this the correct thing to do or will they still keep adding default markers until it falls off of my history?

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No not correct...we didnt advise that mrcooper...the debt still exists as does the default marker...just because a claim is discontinued....does not eradicate the debt or the need to update CRA,s.

 

Andy


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so what is the defaulted date from the debt summary up top?

 

 

dx


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so 18mts and it vanishes from the credit file


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

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Yes.. there haven't been any markers on it for over 3 years until Cabot got bought it (which seemed strange as it kept getting passed around)

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doesn't matter what they do cant harm it anymore

 

 

as long as the defaulted date does not get changed from that twitch was placed by the OC before sale.

 

 

dx


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