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    • reading the order is quite difficult for me. this is a letter (names and addresses taken out) that i sent in which is what i assumed i needed too.   court.pdf
    • Thanks for the message jk2054   I have just been drafting what I want to say and I think its best to focus purely on the supremacy of contract. The reason being that I dont want the judge to start focusing on other parts of my witness statement when surely just the supremacy of contract section alone should be enough to get this dismissed.    The crux of my defense revolves around the principle of Supremacy of Contract. When I purchased my flat in December 2016, the contract explicitly included ownership of parking spot 112, as delineated in the lease documentation provided in Exhibit 1. This documentation unequivocally establishes my right to use and occupy this parking space. Furthermore, the subsequent exhibits, particularly Exhibit 3, clearly depict the marked boundaries of parking spot 112, corroborating my ownership as stated in the lease agreement. Additionally, the official register of title, presented in Exhibit 4, reinforces this ownership claim. Moreover, I draw the court's attention to relevant legal precedents, such as Pace v Mr N and Link Parking v Ms P, which demonstrate that parking companies cannot override a tenant's right to park on designated property. These cases serve as persuasive authorities supporting my argument regarding the Supremacy of Contract in residential parking disputes. It is my contention that the absence of any contractual obligation to display a permit for parking spot 112 absolves me of any liability in this matter. The claimant's failure to acknowledge my ownership rights in their witness statement further underscores the weakness of their case.
    • I agree with you LFI, a totally wrong decision, I may be wrong but IMO who was driving is irrelevant .... So what if he declared himself as the driver within 28 days? .... I may be wrong but it's my understanding that that just makes him liable for the charge as driver. The fact is, the driver, declared or not, only made the error of entering the wrong vehicle registration number .... The parking was paid for. I think it more likely the judge dismissed because he didn't appeal to the PPC and tell them about the error and confirm he paid giving the chance of rectifying the situation before it got to court. But we can only know if Dave962 clarifies. Pollux, is that a fish like Cod? 😁
    • and more .. As thames water pushes to further rip off captive customers, not get fined for it, and allow more dividends .. for little more than 'aspirations' to do better More detail comes out of the literally and figuratively sh** companies apparently shunting money out of the regulated business to profit/bonus/dividend generating unregulated side companies   "Accounts filed at Companies House show : (Kennets) accounts, filed more than 12 months after the end of Kennet’s financial year, showed that the company made a £1.15m pre-tax profit for the year to 31 March 2023, up from £374,000 a year earlier. Revenues rose to £1.6m in 2023 – up from £1m in "Kennet Properties paid out a £14.5m dividend in the year to 31 March 2023" "Kennet ?takes on? land no longer needed by Britain’s biggest water company before developing it and selling it on, typically for housing or commercial premises. It also received income for the use of sewer networks by third parties for fibre-optic cabling."   Thames Water could raise bills to £627 a year to help fix leaks | Thames Water | The Guardian WWW.THEGUARDIAN.COM Embattled water supplier promises to invest up to £3bn more over the next five years     Thames Water-linked firm paid £14m in dividends despite concerns over group | Thames Water | The Guardian WWW.THEGUARDIAN.COM Kennet Properties sells off Thames Water land, whose owner, Kemble Water, has warned it would not be able to pay a £190m loan  
    • I think it will make more sense if you read that the Judge meant the 28 day sentence was on the PCN not the sign. He lost because in the Judge's opinion the registered keeper has the option to declare who was driving on the day. Dave didn't do that so he takes the blame for not making the declaration. A totally wrong decision which can be challenged at a price. There is no guarantee that another Judge will want to say that the original judgement was majorly wrong so may not change it. On the other hand another Judge may say the decision was an absolute load of pollux and reverse the decision and add punitive additions on to TPS for bringing such a hopeless case to Court.  That's why we call it Judge Lottery. To be fair, Judges tend to get it right more often than not. Doesn't make things any easier for Dave.
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Hillesden/dlc/mortimer clarke/ Black horse ccj claim


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hi all,

 

A Family member has just received a ccj claim form,

 

 

I have filled the form out as best i could,

we are almost 100% sure it is statue barred

and believe they are just chancing it,

 

Hillesden securities Limited t/a dlc

Date of issue – 14 DEC 2015

What is the claim for

– The claim is for the balance of installments due & unpaid under an agreement dated 12/07/2005

& under which Black Horse LTD agreed to sell the defendant goods for a price payable by installment('the agreement').

The agreement was assigned to the claimant.

PARTICULARS 1.

Amount due & unpaid £1000 THE CLAIMANT THEREFORE CLAIMS

1. Amount due & unpaid £1000

 

What is the value of the claim? £1000

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan for a Car

When did you enter into the original agreement before or after 2007? The loan is from 2005

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. It has been passed onto Hillesden Securities Limited t/a dlc

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

 

Did you receive a Default Notice from the original creditor? Not sure

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

Approx. 2 month ago we received 5 annual statements of accounts dated from 28/09/2010-11/07/2015,they all come on the same day

 

Why did you cease payments? It looks like no payments were ever paid

What was the date of your last payment? It looks like no payments were ever paid

 

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

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? No

 

We have not acknowledged the claim yet but I have set up the login online etc,

We want to defend the claim and are going to use the statute barred as defense,

 

 

I am just wondering what wording i need to put for this and should i wait the 19 + 14 days or just submit it straight away ?

 

Also I have not sent any cpr request as of yet

 

cheers in advance

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That's about the 3rd or 4th hillies dlc blackhorse claim we've seen in the last 10 days

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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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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Share on other sites

wouldn't hurt to ring Blackhorse and ask

 

 

unless the statements confirm that already?

 

 

if so file the SB defence now as you suggested..

 

 

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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  • 3 weeks later...

Latest update

 

We have received two letter from Mortimer Clarke both arrived on the same date, the first was a Without prejudice Save as to costs, offering a 40% discount,which we are not interested in, the second was a reply to our defense basically saying it is NOT statute barred as the agreement was actually terminated in august 2010,

 

I always thought 6 years after the default date is when it becomes statute barred,is this not the case now?

 

Any advice on what we should do next

 

cheers

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no not even the default

its about 2mts after your last payment.

 

 

trying it on

stand your ground.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?457344-Hillesden-dlc-mortimer-claimform-Black-horse-car-loan-(Stat-barred-)&highlight=floydian

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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That is what I was thinking to be honest, Is it worth replying to the solicitor to say that I believe it is statute barred and there for would be happy to see them in court or just leave it to see what they do within the courts date.

 

cheers

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no sit tight

 

 

from term date will be a first!

 

 

go read that other thread I linked.

 

 

hillies have issued 1000's of these claims

hoping for default judgements

 

 

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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Share on other sites

  • 3 weeks later...

I have just checked online and I have still had no response to my defense, the exact date the defense was received was the 21/12/2015 so i believe I am past the allocated time for a response,what should I do next?

 

thanks

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Nothing after 33 days its auto stayed

 

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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Share on other sites

Go read a few claim form threads here..

 

It means that unless the claimant now pays a fee to progress the claim its going nowhere. Stayed.

 

Mcol ends once you file your def

 

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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Share on other sites

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