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    • I have added their poc in your above post for clarity.   you need to address para 3.    bump point 3 forward down 1 number and add in:   3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor .    if mcol is still flaky ….   MCOL is only one way of responding to a claim.  . If you are having problems logging in, or would prefer not to use MCOL,  you can fax, email or post your response to the Court instead.  If you send your response by e mail  please send it to ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim defence response” and quote the claim number in the subject field.  . neither by email nor MCOL do you need to inc I confirm that the above facts and statements are true to the best of my knowledge and recollection.
    • you should have done the pictures weeks ago not leave it till 1 min before you need to file a defence. you've been here +6yrs and have numerous court threads and numerous private parking ticket threads  but somehow always seem to screw up one way or anther..   if you look on google earth street view you can see the cameras and the entrance/exit layout which matches the photos from that link I gave you and your upload which I've now redacted properly now .   POC   1.Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019.   2.The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract).    3.ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period.   4.Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach.   5.As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)).   defence:   1. i am the registered keeper of the car Reg No. xxxxxx mentioned in the claimants claim.   2. the defendant denies that any monies are due to the claimant because there was no breach of contract to create a cause for action.   3. The claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied.   4.The defendant denies exceeding any free parking time in addition to said grace period as neither the land owner who may have employed the claimant to manage parking with a current paid for contract covering the date of the overstay nor the claimant have any legal authority to vary any free parking period granted by the relevant council upon issuing the original planning consent for the entire walkden retail park.    needs firming up people...   you can file by email if MCOL is playing up still though from research today 99'9% of all PPC claimforms are being postponed for many months by all courts now,      
    • OK, excellent, please take pix both of KFC signs and also the signs in the surrounding car park, as I reckon that KFC has unilaterally tied to change the permitted parking time in their bit of the whole car park.   Also park in the main car park, not KFC, as I've read reports of invoices being issued for motorists who have parked in the KPC bit even if it's closed at the moment!!!   Could you reply to what I asked in post 57 please?  If you don't reply, it's difficult to give appropriate advice.        
    • I’ll get a picture of the signs tomorrow and see where I get ringing the council about the planning. Also how long do I have to get the defence in? I know you said I will have leeway but I can’t have that much.    Thanks  Andrew 
    • now read the letter properly and carefully.... doesn't say WILL anything...   unless you are purposefully buying these in bulk and knowingly doing it their client will not be the least bit interested in you.
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battyman

HFC (Marble Loans) cabot/restons - statute barred?

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My friend had a loan with HFC, Marble loans in 2004.

 

A few years ago she sent a CCA request to them but never heard anymore from them.

 

They have been selling the debt on to various DCA over the years

now they have got heavy and Restons are involved.

 

They have said they are going to apply a Charging Order to her property.

 

She does not have the original paperwork of the original cca request.

 

They sent a letter before Christmas saying she had until the 22nd December to reply to their request and then they will take her to court.

 

Not sure if things have changed now and you can still request cca or if I need proof of original letter?

 

Should she send a SAR to HFC or Marbles Loan with a hope there is a copy of the original cca request or maybe send a new cca request?

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whats the point in an SAR???

nothing to do with HFC anymore

[bar ofcourse reclaiming the PPI they charged her I bet]

 

 

HFC would have only sold the debt on ONCE.

 

 

what the new owners did with it

it upto them.

 

 

read the letter carefully

it DOESNT say the WILL go for a charging order

it says MAY this and that.

 

 

they'd have to get a CCJ first anyway.

 

 

and with an HFC loan , fat chance of any paperwork being around thoday.

hfc shredded them years ago to hide the PPI scandal they caused everyone.

 

 

she could sent a CCA request to rectums..

but if shes not paid anyone in 6yrs

and neither written to anyone in that time.

 

 

then te debt is statute barred

 

 

let them sabre rattle....

 

 

if they are stupid enough to issue a claimform

the SB defence will kill it dead.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thanks for your reply Dx

 

 

I think she has paid them a few pounds once or twice over the years,

so don't think its statue barred yet.

 

 

So it might be worth sending a cca to Restons?

 

 

If they start court proceedings in the meantime of her sending the cca can they still take it to court if you have requested the cca?

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yes sadly.

 

 

restons don't give a monkies.

 

 

you say she paid 'them'

 

 

who and when?

 

 

when did she last pay HFC directly

when did she pay any DCA/fake tame sols?

 

 

could there be a period of 6yrs between any dates?

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I will find out when and who.

 

 

She has just told me she had a statement from HSBC in 2015.

 

 

I appears they sold the account to a debt collector and then the account was sent back to HSBC.

 

 

I wonder if that was because she had sent a cca and they couldn't come up with it

so debt collector sent it back to HSBC?

 

 

They have recently resold the debt to another debt collector

and they have passed it on to Restons who have made the threats.

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ah that old game.

 

 

well the defaulted date should be from when HSBC registered it

not any later DCA.

 

 

a DCA nor a debt buyer can reset an OC's original default date.

 

 

let me guess, cabot are rectums client?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Yep they are!

 

So she paid £5 to HSBC when she got a letter from them and statement in March 2015.

 

Should she still send a cca to Restons or ignore them?

 

Cabot have added more fees to the loan too.

 

When you say the date is from when HSBC defaulted do you mean as far as statued barred is concerned?

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theres no direct link between defaulted date and SB date.

 

sb runs from last payment or last signed letter from her

regarding the debt.

 

so she paid £5 in march 2015

when before that was the previous payment or use?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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She hadn't paid since 2006 before the £5 she paid in 2015

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great news then!!

 

it was statute barred when she paid in 2015

and NOTHING

not even a judge can unbar a debt.

 

end of the problem.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thank you for your help dx100uk

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Yep, Just tell restons its statute barred, and ANY further action will be robustly defended. They will either discontinue ( but send another letter), or they will try and claim a ficticious payment was made in 2010-1011.

 

Whatever you do, do not give them dates or any info. Just a simple letter that the debt is SB.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks for everyones help.

 

 

It has now come to light after looking at my friends credit file,

there are 2 loans that are more or less for the same amount and were both updated in December 2015.

They are both with Cabot but she has only had the letter regarding one loan.

 

 

The letter from Restons are saying the account was defaulted in 2010, so that becomes statue barred in April 2016,

but we have no idea if any of this is true as there are no account details on either loan.

She has only had one loan but how on earth do you prove this.

 

 

I am just in the process of doing a cca request instead of the Statue barred letter as she is so unsure and confused by it all now.

 

 

Can anyone tell me how you digitally print your signature?

She is worried that Restons will take it to court in the meantime of her getting anything back regarding the cca

but apparently we cannot do much about that.

 

 

Is it worth doing a SAR at the same time as the cca?

 

 

Should I send the cca to Restons or Cabot?

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If you sent a CCA and there was no response, then they are in default and cannot take court action until they provide one.

 

Also restons ALWAYS give the wrong info when you ask them.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thank you for the reply. I haven't sent the cca yet just in the process but I am not sure how you do a digital signature, any idea? So do I send the cca to Restons or to Cabot who owns the debt?

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You send the cca to whoever chases you. Restons do not care about the circumstances of the debt. They just want judgement by default so they get their money.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Can anyone advise me how I apply a digital signature please

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Does anyone know please if Cabot and Marlin Europe are the same company. My friend has both of them chasing her for a debt and I am going to send them a cca, but the above have passed the debt to Restons so just don't know who to send the cca to. Should I send it to Restons, Cabot or Marlin. Had letters from all 3 over the last 3 months. Looking on her credit file it says debt owned by Cabot? Any help apprecitated

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Cabot bought Marlin some time ago and are now known as Cabot Financial (Marlin) Ltd

 

CCAs go to Cabot at their Worthing address I think - basically whichever address is on their latest letter.


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Thank you for your reply. I cant use the digital signature. If I print it will that be acceptable

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You should ALWAYS print your signature when dealing with DCA's, there is NO legal requirement for you to sign any correspondence to them,

they will often claim the opposite, but that's just to see whether or not you know your onions.


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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you don't sign a CCA request at all

read the full CCA request thread

 

 

however why are you changing tact.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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re post 9


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thank you Bazooka Boo.

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Sorry dx.

Its a bit of a mess

the info she gave me before was for her husband and she thought it was hers!!

 

 

her loan was with HSBC in 2005

 

 

it was sold recently to the DCA

and passed on to Restons who said they were going to put a charge on her house.

She doesn't know when she last paid them.

 

 

I told her to go onto a CRA and look what it says on there.

Its says about Merlin/Cabot buying the loan and defaulting it in 2010.

It doesn't give any other details, account numbers or anything,

infact there are two loans but with one for £3006 and one for £3300.

I think they are the same loan.

 

 

Merlin/Cabot are only chasing the £3006 loan.

 

 

I wonder how she can find out if there has been any payments made, correspondence.

I thought I would start with the cca.

 

 

I have read that you have to send a SAR to the original, which would be HSBC,

could you confirm that please?

 

 

Sorry for all of the confusion but hopefully I have unravelled everything now!

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