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    • 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.
    • Hi.   I've removed part of the account number to keep this anonymous for you.   Have npower done what the ombudsman said?   HB
    • Read our customer service guide.   You've been here since 2012
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adamg1992

Merged Debts emails and harassment(from International company)

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Hello,

 

I'm new to the forums, but if this is in the wrong place then could you let me know and I will re-create the thread.

 

I was living in Australia for 16 years(I was born in the UK and moved to Aus when I was 6).

I had a rough time and didn't have a job until I was 20.

 

I never had credit before.

I opened a bank account in Australia and got offered a credit card, which I accepted.

 

I then applied for a online course, which was a monthly payment of 60 AUD.

Once signed up I had realised this course that this company heavily advertised was a [problem].

It was the same course a student in a free study College could do in his spare time on the internet.

 

I had disputed with them about leaving, however they said that I would have to pay the outstanding amount of 4695.00 AUD.

From that point I had stopped communication with them.

 

My father passed away in February last 2014 and my mother and I moved back to the UK.

I had left an outstanding balance of 500(Maxed out) credit card from the bank

and I also did not pay the company who was chasing me for 4695.00 AUD.

 

I've received plenty of emails from this company recently,

I had no communication or emails from them since July 2014

and in the last two weeks I've had 24 emails and unfortunately a phone call.

They tracked me down.

 

Apparently this company AusDebt has been in contact with me(They have not).

I first received an email 2 weeks ago stating that

"As per the request of Open Colleges we have come to a conclusion and you are now only required to pay 1408.63".

 

I then received the same email 2 times a day for a week,

I will attach this with the post.

It states that "As per my request" they are willing to settle with the amount mentioned above, which I think is being used as their tactics?

because I haven't been in contact with them at all I assume as I've read online after 5 years the debt gets statue barred?

 

I received a phone call yesterday asking for me,

I said no I don't know anyone by that name that lives here and the lady said

"That's funny since we've checked records and it seems only yesterday you applied for a loan

and we also know who you bank with and that you drive a ford focus".

 

How are they getting this info?

 

She then went on to say

"We will be getting that money back off you very soon,

my associates look forward to seeing you in person have a nice day" and hung up.

 

 

Does this mean that they have transferred the debt to a UK company?

 

 

can they actually do that ?

 

Any advice on this?

 

More facts about the account,

I had only logged into the online portal twice, and not even attempted the work

because I had found out I could of just went to a local free college

and got the course for free.

 

 

Yet when trying to cancel they blocked access to the online portal and demanded payment off me..

s there any way I can fight this?

 

Thanks

 

P.s I am living in the UK now.

Edited by dx100uk
post edited pers & irrelevent info removed - dx

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Ignore them totally. For a debt of that amount, they won't bother to try to enforce in the UK. The finance agreements in Australia would need to contain terms where you agreed to accept court jurisdiction outside of Australia. Even then, they would need to pay all relevant costs in getting it through UK courts and unless they were certain of getting the money back, they would not bother. IF they dud issue a UK court claim, you would have a chance to defend it and given what you say about the course, it might not get very far.

 

Re the information they have obtained, they may have got a UK search company to check your credit records, which would reveal your Bank. They may have checked Google streetview at your address, to see the car or somehow got the info from DVLA.


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They are trying to intimidate you. They have no powers to do anything. You can safely ignore.


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Thread moved to Oversees Debt issues forum.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Ignore them totally. For a debt of that amount, they won't bother to try to enforce in the UK. The finance agreements in Australia would need to contain terms where you agreed to accept court jurisdiction outside of Australia. Even then, they would need to pay all relevant costs in getting it through UK courts and unless they were certain of getting the money back, they would not bother. IF they dud issue a UK court claim, you would have a chance to defend it and given what you say about the course, it might not get very far.

 

Re the information they have obtained, they may have got a UK search company to check your credit records, which would reveal your Bank. They may have checked Google streetview at your address, to see the car or somehow got the info from DVLA.

 

 

Thanks for the reply, helps me a be a little bit more comfortable for the moment.

 

If I remain in no contact with them is it true that after 5 years the debt will no longer exist?

 

Thanks

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Depends on the legal stuff in Aus... Over here In Scotland the debts are extinguished after years --- GONE! But in England, 6 years and the creditor / DCA can still ask for payment.

 

As for AUS i am not sure.,

 

http://consumeraction.org.au/debt-collection-old-debts/

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Thanks for the reply, helps me a be a little bit more comfortable for the moment.

 

If I remain in no contact with them is it true that after 5 years the debt will no longer exist?

 

Thanks

 

Statute of limitations means that after the relevant period, they are not enforceable in court. So if this is 5 years in Aus, then after 5 years of non payment or you admitting the debt in writing, they should not be able to enforce it in a court. The debt may still exist and be chased, but of course you would tell them to get lost.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Thanks for all the replies, puts my mind at ease. Glad I found these forums.

 

Thanks!

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