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    • Just an update on Celticheart37 versus Barclaycard.   On the claim for my late Husband's PPI, Barclaycard have responded saying they have been unable to locate a PPI Policy . They say he held his card since 1979 ( not the late 1980's as I had believed) which means that PPI did not exist and that is fair enough. I accept that PPI did not exist in 1979 so couldn't have been included. So that is the end of that one.They could have told me that at the beginning rather than let me search for proof that would not exist , but never mind.   On my own Barclaycard claim for which they have offered me a refund  "based on averages", I have sent a SAR requesting my statements back to 1993 when the account opened,so hello 12345 I will post an update when I get a response and let you know how far back  they were able to go !   Celticheart37
    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
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sami_i

PCN received 5 weeks after incident

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Hi Everyone,

 

 

So on Thursday 14th January I received a Reminder Notice from Horizon dated 8th January for parking at a Sainsbury car park during a no parking period on 5th December 2015. They also mentioned that a notice was issued on 10th December 2015 but this is the first communication I have received from them. Because I did not respond to the notice (which I did not even receive in the first place), they are saying I as the registered keeper am liable to pay the full £70 charge.

 

 

I went back to this car park yesterday to check the signs. On the entrance it says that the car park is operated by horizon and to read the terms on the boards in the car park. Then inside the car park there are big purple boards saying 4 HOURS FREE PARKING in bold white writing . However they also have yellow boards closer to the inside of the car park mentioning in small print that you cannot park when the store is closed. I was only in the car park for around 10 minutes eating my KFC meal so did not go right inside to look at all the signs. My understanding was that if they did not want me to park there, the car park would have been closed just like the one next to KFC, they do have a barrier but it was up and I saw a few cars inside.

 

 

Even if my not seeing the small print in the dark argument is not valid, would I still be able to appeal this charge as I did not receive anything within 14 days of the incident taking place? They have mentioned that it was issued 5 days after the incident but I did not get anything and for all we know, they could even be lying about this. I have attached a copy of the parking notice.

 

 

Any help will be appreciated.

 

 

Thanks.

Sam

pcn.jpg

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You are mixing up 2 things the parking co can do and that is issue a screen ticket and then a NTK 29-56 days after the event or issue a bemand through the post within 14 days fo the event becuse they have used ANPR or the like. If they use the second method they must provide proof of the breach by way of photographic evidence.

They are too late for the latter and clealry didnt slap a ticket on your car at the time so if you want to respond just tell them that their notice is not compliant with the PoFA for keeper liability and that ant further contact will be treated as harassment and may result in a civil claim for the same.

Dont say anything else about the event, just that they are out of order procedurally.

It will probably die a death as they know that they arent going to get anywhere but if they do write again come back here and we will advise what to do next

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Hi Everyone,

 

 

So on Thursday 14th January I received a Reminder Notice from Horizon dated 8th January for parking at a Sainsbury car park during a no parking period on 5th December 2015. They also mentioned that a notice was issued on 10th December 2015 but this is the first communication I have received from them. Because I did not respond to the notice (which I did not even receive in the first place), they are saying I as the registered keeper am liable to pay the full £70 charge.

 

Where does it say that the RK is liable for the charge?

 

I went back to this car park yesterday to check the signs. On the entrance it says that the car park is operated by horizon and to read the terms on the boards in the car park. Then inside the car park there are big purple boards saying 4 HOURS FREE PARKING in bold white writing . However they also have yellow boards closer to the inside of the car park mentioning in small print that you cannot park when the store is closed. I was only in the car park for around 10 minutes eating my KFC meal so did not go right inside to look at all the signs. My understanding was that if they did not want me to park there, the car park would have been closed just like the one next to KFC, they do have a barrier but it was up and I saw a few cars inside.

 

 

Even if my not seeing the small print in the dark argument is not valid, would I still be able to appeal this charge as I did not receive anything within 14 days of the incident taking place? They have mentioned that it was issued 5 days after the incident but I did not get anything and for all we know, they could even be lying about this. I have attached a copy of the parking notice.

 

 

Any help will be appreciated.

 

 

Thanks.

Sam

 

What does the back of the notice say? Post the reverse up please.

 

Find out from the DVLA when they sold your details,to whom, and if they are using the POFA.

 

ccrt@dvla.gsi.gov.uk

 

 

Customer Complaint Resolution Team

D16W

DVLA

Swansea

SA6 7JL

 

 

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so, the contractual signage says read another sign....... then that is not a contract but an invitation to treat, which is as forceful as an advert when it comes to law.

Bunch of muppets.

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