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    • Hi.   I agree with Dave on which way to go with this. I know you're new to all of it but it's worth more research to see how PPCs behave, if NCP have made any errors and so on.   HB
    • Well, it's up to you, but I would consider two things.   1.  If you wanted to give in, the time to give in would have been at the start.  They're now suing you and if you pay now you'll have to pay their costs, and if it goes to a court case and you lose you'll have to pay their costs, so in a sense you might as well continue the fight.   2.  Although you were "in the wrong", it's perfectly possible that NCP don't have planning permission or sent out their demand too late, or will simply discontinue if you put in a robust Witness Statement.   Meanwhile I've tweaked the defence a bit, see if others agree or disagree.   1.  It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract.   2.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.   3.  It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability.   4.  I believe that the claimant did not obtain planning permission granted for signage etc under the Town and Country Planning Act 2007.   5.  The Defendant has added additional amounts to the claim to try to circumvent limits on legal costs in an abuse of court procedure.  
    • I ordered a new computer last week online and it was faulty so had it replaced yesterday. This was also faulty so I had another replacement sent out today!   While I was negotiation either a refund or a replacement they asked me if I wanted to order a different one, so I had a look around the website but couldn't decide in the time I had so I just went for another one the same.   The delivery guy just turned up to take away the old one with a replacement AND the alternative one I was looking at!   So I took both anyway, because I'm still actually in two minds as to whether I want to stick with the original computer or go with the alternative, which might be more reliable because it's a more established company.   They didn't ask me for any credit card details so as far as I am aware so far they won't have charged me for the extra computer. Would they need to take my details again or would it go through automatically?   Am I within my rights to keep both if they've made a mistake and don't charge me?   I don't want to come across as dishonest, but well:   1. I've spent the past week setting up two computers, trying to fix things only to end up having to go through it all again today and this has been a huge waste of my time and a lot of stress (time is money) 2. I decided to just take both primarilly because I saw the box for the alternative and it looked nice and I thought I could just take both anyway and then decide which one to open and keep (because I'm guessing if I have been charged both to my card and I open both then I've got no legs on so far as a return is concerned)   Anyone got any consumer advice on what legs I have to stand on and what I should or should not do at this point?
    • Around the time I used that carpark quite frequently and would always pay on the App. I don't often carry change and the pay machines there were notorious for not connecting for card payments - NCP always blamed Vodafone's coverage.     If my dates are correct, I had a new staff member with me on that day and we were headed for lunch. I was also in a hire car. As the hire car wasn't registered to the parking App I think it's highly likely I intended to pay for the parking when sat down for lunch but ultimately failed to do so.
    • I imagine there must be some book somewhere which describes exactly what each particular service interval should comprise. Are you able to get hold of that?
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Cabot/Reston Claim Form - Cap1 Card 'debt' Please Help


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http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

Take a look in the above forum......I would think carefully before considering a counter claim.

 

Regards

 

Andy

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Had a read and was going to start writing the defense on the grounds of not having received a reply from the most recent CCA. Obviously enter it after the time limit to supply the documents has expired. If this is sufficient then I wont pursue a counterclaim.

 

Should I mention the other CCAs that I got no response from as well?

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yes and yes

 

 

but you have no real need to file it until the day its due.

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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I'll have it ready in plenty of time anyway and post on here for a review if that's okay.

 

If a CCA request gets sent back to the original creditor, (assuming the dca has no documentation that is). Wouldn't CapOne be in breach of something by selling it on after that?

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nope

 

 

most debts are sold on simply a phishing list database with minimal details

it gets popped into a PC and it churns the rubbish out they want to send

 

 

9/10 no human involvement other than to check the outstanding balance if its worth fleecing you

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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  • 2 weeks later...

So, got a reply from Restons re CPR request.

 

Surprise surprise they are asking for a signature before they can comply.

 

I have a letter to be used in the case of a CCA reply where they ask for a signature. Is it worth tweaking that or just leaving it to wait for the CCA?

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doesn't matter ignore them

 

 

you do not have to sign

plus reston don't do cpr anyway

 

 

ignore

 

 

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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I can't understand the obsession on CAG about not providing a signature. Do you think a firm like Restons would forge your signature onto a document ?

 

You're missing the point, but I'm pretty sure you know the reason why signatures are not required on certain requests for information?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hows this for the defense, I'd like to get it in early as I've got a busy week ahead and any advice is appreciated:

 

Particulars of Claim

 

1 The Claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and Capital One dated on or about May 01 2007 and assigned to the Claimant.

 

Proposed Defence

 

1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies upon CPR r 16.5 (3) in relation to which a specific response has not been made.

 

2 The Defendant accepts that he has held an account with Capital One but the amount claimed is denied. Furthermore the claimant is in default of a request made under section 78 of the CCA 1974 made on xx/xx/xx, which has not been complied with and this agreement is disputed.

 

3 The Defendant requested copies of the documentation relied upon by way of a CPR 31.14 request dated xx/xx/xx, the claimant in their reply dated xx/xx/xx has failed to supply any supporting documentation.

 

4 The Defendant has two previous requests made under section 78 of the CCA 1974 dated xx/xx/xx and xx/xx/xx that have not been complied with.

 

5 It is therefore denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of contract, requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

A show how the Defendant has entered into an agreement with the Claimant; and

 

B show how the Defendant has reached the amount claimed for; and

 

C show how the Claimant has the legal right either under statute or equity to issue a claim.

 

6 As per the CPR Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7 On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law and Property Act and Section 82A of the Consumer Credit Act 1974.

 

8 By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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Your point 4 Piano.....

 

If they were made to previous DCA or OC then they are irrelevant...only refer to anything in connection to CAbot.

 

Andy

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Your point 2 could do with a little further explanation.....

 

2 The Defendant accepts that he has held an account with Capital One but the amount claimed is denied. Furthermore the claimant is in default of a request made under section 78 of the CCA 1974 made on xx/xx/xx, which has not been complied with and this agreement is disputed.

 

Why is it denied ?...the fact that the claimant remains in default of your request is a reason but should not be made the priority reason and basis of your pleading.

 

Andy

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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2 The Defendant accepts that he has held an account with Capital One but the amount claimed is denied. It is unclear as to how the claimant arrived at the given figure.

 

I'm a little stuck as to a better way to put this, any ideas if this is not sufficient?

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2 The Defendant accepts that he has held an account with Capital One in the past. I cannot recall the precise details of the agreement or recall any alleged amounts outstanding.I have therefore sought clarity by way of a section 78 and a statement of account.The claimant has yet to comply and remains in default of said request.

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

 

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

 

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  • 4 weeks later...

usual crap from that rectums chef

ignore

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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Pestons running scared, just their way of trying to save face, before they throw in the towel.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 3 weeks later...
So the case has been Stayed, as they have not replied to the defense.

 

Can I apply to get the case thrown out or will this happen naturally if they don't reply back to the court?

 

Nothing to strike out as the claim is stayed...its only a prospective claim until its allocated.

 

Andy

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

 

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

 

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