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    • Sar(email to VCS) went on 07/08/19 and CPR letter went on 14/08/19 to dcb legal.
    • Thank you all for your input so far. I have now received a letter back from my CPR 31.14 stating 'CPR 31.14 is not relevant to small claims matter, pursuant to cpr 27.2......we are under no obligation to disclose the documentation at this stage.' I assume this response is expected?   I have reworded my defence and made it more succinct, I'm not sure what else I could add?   1. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.   2. It is admitted that the Defendant was the registered keeper of the vehicle in question. However, the defendant has no liability as they are the Keeper of the vehicle, and the Private Parking Company has failed to comply with the strict provisions of PoFA 2012 to hold anyone other than the driver liable for the charges.   3. Signage at the site is not sufficient. A sign is present on the left hand side of the entrance, away from the driver, and therefore cannot be easily read by the driver of a passing vehicle. On closer inspection this sign states ’Refer to the full Terms & Conditions signs located throughout the car park’. Signs are located so that information is often obscured by other parked cars and is difficult to read. These signs state ‘Entry to or use of this privately operated and managed car park is subject to the current terms and conditions of vehicle control services ltd. Motorists/persons utilising this car park hereby accept in full the terms and conditions.’ Therefore, the driver is deemed to have agreed to the terms and conditions by having entered the car park before knowing what those terms and conditions are. The elements of offer, acceptance and consideration both ways have therefore not been satisfied and so no contract can exist.   4. The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4 not with reference to the judgement in parking eye v Beavis. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the civil procedure rules 1998    In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4. 
    • On side note: I have notice that many people without the skills to argue their point, accuse others of being rude, racist, sexist, homophobic etc. I.E. Excuse me, i don't have a receipt for this refund, but i have my bank statement,  can i get a refund? -No, no receipt no refund - But your policy and the law says "proof of purchase" not "receipt " - You're rude/racist/homophobic, you must leave now or i call security.    I see this happening day in day out. Even kids do it, they're very quick at gaining a crowd's attention by shouting "racist/homophobic" so they can feel they've won the argument.  Sad.  
    • The advice is: make a complaint and get a refund. Then make another complaint about the inspectors attitude if you want, but changing the world is something that it's not going to happen, surely not for an excess fare. Inspectors are given discretion and unfortunately some of them take this as a sign of power over other people. It's impossible to sack all people who have a little position of power and employ more, hence the complaint system.  That's life and as .much as everyone of us want to improve it, it's an impossible task, so don't waste your time and brain on it. Just accept that there are things you can't change.  Get your refund, get your apology, then move on. That's my advice.
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Ploppy McPhee

Lowell/Carter claimform - unknown Creation Finance 'debt'

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Hi all

 

I received a Court claim form from Northhants business center courts on the 5th November (dated 3rd).

The claim is for £300.43 from a company called Creation Finance and is being handled by Lowell via Brian Carter solicitors.

 

I have absolutely no idea what the debt is for and have never even heard of Creation Finance.

I have always kept up to date with any payments from past credit cards loans, phones etc.

I have also had a good credit rating, having phones, sofa, car etc in the past and never an issue with repayment

so I'm completely in the dark about why they have been chasing me for this.

 

I have had a string of letters from Lowell which, along with letters from debt collection agencies for previous owners/occupants, i have ignored.

I probably should have contacted them but i thought that may lead to some sort of admission on my part.

 

I have filed acknowledgement and my defense which states i have no knowledge of the debt (8th November)

and received a response from the court saying the claimant has 28 days to respond.

 

thanks to this forum i sent a CPR 31.14 request for the info relating to the claim and received this wordy response.............

 

We confirm the claim form was issued by the county court business centre and that courts protocol was followed when issuing the claimants particulars of claim.

Practice direction 7c point 1.4 (3A) eliminates the requirement to attach the documents to the PoC when they are issued by this court.

 

We confirm that this matter will most probably be be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply

 

In any event the notices of default and assignment left the control of the claimant when they were dispatched to you.

I never received any documents, just letters asking to repay a debt to Creation Finance

 

It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreemen

t and, in this regard, we ask you to refer to your own records.As I have no idea what the debt is, how can i refer to records?

 

We confirm our client is not agreeable to an extension for filling your defense What does this mean?..........................

 

Would someone advise what i should do next, it seems to me they are basically saying i should have the info already.

I''m guessing they have as much idea about the claim details as i do but are saying they are not obligated to give it to me anyhow.

 

Many thanks in advance for any help :)

 

Cheers

 

Jim

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Prob a sygma bank store card?

 

That letter you have is a STD response from carter to a CPR request

 

Don't take up the extension offer. No point in giving them more time to magic up paperwork

 

Did you send Lowell's a CCA request?

 

Won't be anything to do with past owners of the house

As those won't be in your name

 

Dx


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Hi Jim,

 

Visit http://www.noddle.co.uk and get access to your credit file, if you are being issued with court papers then there must be something in your file from creation finance, unless of course theres an error somewhere.

 

i wouldnt normally suggest phoning but as you are under a time constraint from the courts now you need info quickly. Call creation finance on 0371 376 9214 and ask what its all about, i wouldnt recommend calling lowells or bryan carter, they will only be interested in getting payments from you.

 

defend all of the amount with the court while you are finding out what its about. you have 28 days from the date you responded to send in your defense.

 

when you have some more info, come back and im sure the team will be able to assist further


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

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Creation finance do store credit and credit cards. Please check credit file and include your other adresses. Carter is well know to CAG


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Hi guys

 

Thanks for the speedy responses guys!

 

 

dx: Never had a store card...ever.

Anything else that it could be?

I suppose this will hinder my CCA request as they are for separate types if debt?

 

Name of the Claimant ? LOWELL PORTFOLIO I LTD

Date of issue – . 03 NOV 2015

What is the claim for –

 

THE CLAIMANTS CLAIM IS FOR THE SUM OF 300.43 BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT

UNDER AN AGREEMENT REULATED BY THE CONSUMER CREDIT ACT 1974

BETWEEN THE DEFENDANT AND CREATION CONSUMER FINANCE UNDER ACCOUNT REFERENCE *************

AND ASSIGNED TO THE CLAIMANT ON 23/06/2010.

NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT.

THE DEFENDANT FAILED TO MEET CONTRACTUAL REPAYMENT UNDER THE TERMS OF AGREEMENT

AND A DEFAULT NOTICE HAS BEEN SERVED WHICH HAS NOT BEEN COMPLIED WITH.

 

AND THE CLAIMANT CLAIMS 300.43

 

THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNT ACT 1984 AT A RATE OF 8% PER ANNUM

FROM THE DATE OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 24.02

 

What is the value of the claim? 300.43

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? NO IDEA

When did you enter into the original agreement before or after 2007? NO IDEA

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Lowell

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

Did you receive a Default Notice from the original creditor? NO

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NOT SURE.....

Why did you cease payments? DONT RECOGNISE THE DEBT SO DO NOT KNOW

What was the date of your last payment? NO IDEA

 

Was there a dispute with the original creditor that remains unresolved? UNKNOWN

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? NO...NEVER DONE SO WITH ANY DEBT

Defence:

It is denied that the defendant owes any money to the claimant.

The defendant does not recognise the goods/services and/or contract to which the claimant refers

or the party Creation Consumer Finance which is referred to in the claim.

 

Hope this helps???

 

Cheers

 

Jim

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Make sur Carter complies with the CPR as well. Be prepared for him to mess you around or walk away from the case.

 

It would pay you to attend to hearing as well.


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Thats great and really helpful...thank all!

 

Ill register with both CRA's and also chase Carter's for a response.

 

 

Who is it best to send the CCA to...Creation, Lowell or Carter?

Im assuming Creation as they are the original debt holders?

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Send to creation as they have it well maybe.


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Send to creation as they have it well maybe.

 

no CCA request always goes to the named claimant on the claimform.

 

read the full CCA request

 

it matters not what anyone else has

its the CLAIMANT that must hold it and produce it.

 

on the POC

it states a ref number

how many digits has this got please?

 

DO NOT chase carter for a CPR response...that's his problem not yours!!

 

its to your advantage he takes this stance on CPR.

 

you need to go read a few carter claimforms in this forum..get upto speed.

 

 

one last point...you mention lowells/carter have taken you to court on behalf of creation finance...

...that's not quite right.

 

 

the CLAIM is nothing to do with creation anymore

they sold the debt on..end of their involvement in the debt.

 

 

though it wont hurt to go ring them as advised earlier

 

dx


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Thanks dx

 

Ok ill do as you suggest, many thanks.

 

The PoC ref number has 12 digits

 

cheers

 

Jim

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then its not a store or credit card.

 

 

 

 

http://www.creation.co.uk/about-us/creation-faqs


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Creation Consumer Finance / Creation Financial Services Limited / Creation.co.uk advance credit for many types of finance/purchases including DFS/Currys/Sony Etc


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to lowells I hope?

 

 

dx


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Single Premium PPI Q&A Read Here

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Send the same letter addressed to lowells as they are the claimant, not carter


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

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so what part of post 2 & 12 did you not understand?

never mind

 

 

can we see your defence please too

dx


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

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

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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sorry we already have it?

 

 

is this all your filed via mcol?

 

 

Defence:

It is denied that the defendant owes any money to the claimant.

The defendant does not recognise the goods/services and/or contract to which the claimant refers

or the party Creation Consumer Finance which is referred to in the claim.


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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yes, I copied it from someone else on the forum in a bit of a panic before i had read enough to realise it is too short and submitted too early. Lesson learned!

 

Is there a way to amend the defense??

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You can expand when /if you get to witness statement stage.....can be costly amending a defence.

 

Regards

 

Andy


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Well 28 days later and nothing heard. Called the court and they say i have another 5 days to wait until the case is stayed. Ive been sent the paperwork to have the case struck out although it will cost £50. Not sure what to next really, the original date of the claim is 2006.......im assuming that this means the 6 years is up anyway?

 

cheers

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" Not sure what to next really, the original date of the claim is 2006.......im assuming that this means the 6 years is up anyway? "

 

Im afraid you have lost me with the above Ploppy McPhee :???:

 

Andy


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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

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