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    • I did ask them why, but seems they have more spare cash than we do .. ;-( .. I doubt their bank would even support a chargeback after a year has passed. Anyway I've constructed my first DRAFT Snotty Letter .. so here goes ..   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you had added. Shall we raise that related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding the ANPR entry / exit periods compared with actual valid parking periods. Especially with no consideration of the legally allowed grace periods and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the issues with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture more useless ANPR photos. We will of course be requesting “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Legal Counsel on behalf of the Vehicle Keeper.  
    • Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!
    • Hi, I have the Sims 4 on Macbook. Over the last year I have paid for multiple add on packs spending a lot of money on them. I bought them all in good faith as my Mac met all the minimum requirements to play them. I have been playing happily for about a year and bought my latest pack just over a week ago. The games were all working fine yesterday. Then suddenly today EA released a new app to launch the games and this new app requires a MAC OS that my computer cannot use. Now suddenly none of my games are accessible and I am unable to play anything. They did not warn us about this change in requirements and if I had known they would be doing this I wouldn't have bought all these add ons as they are now all totally unusable. The games themselves have not changed, only their app to launch them and I can't afford to buy a brand new mac just to play. So my question is how can they change the minimum requirements after I have paid for a game? I agreed to pay for them based on the fact my mac met their requirements and was not informed when purchasing that this would be an issue in the future. I understand new games (like Sims 5 which is to be released next year) might not be compatible but this is a 10yr old game that they have suddenly made inaccessible due to their new launch app. Does anybody know if I can do anything or anyway to get a partial refund from them? Thanks   Here are their T&C... I can't find anything in there about them being able to do this so not sure what to do https://tos.ea.com/legalapp/WEBTERMS/US/en/PC/
    • OK. Thank you all for the input.  I'll ignore their letters of demand but NEVER ignore a letter of claim. I'm bracing myself for the stress as their demands £££ goes up and the case gets sent to debt collectors. 
    • OK.  It was worth a try. Their case is still pants and they have broken their own Code of Practice numerous times.
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HPH2/Cohen Claim Form barclaycard 'debt'***Settled by Tomlin Order***


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So - did all of the above.

 

 

Had the mediation call as expected,

and told them that unfortunately no, I hadn't received any of the requested paperwork.

The mediation person said that's fine, we are unable to proceed with mediation then.

 

Today I received a 'Notice of Allocation to the Small Claims Track (Hearing) for a date in mid-August.

 

My question is: what do I need to do now, if anything?

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follow what it asks you to do by the required date.

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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From what I can deduce, that is simply nothing. The onus is on the claimant to produce the relevant paperwork 14 days before the hearing, or they are snookered.

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basically yes

 

 

but you must complete your part too...

 

 

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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You will still need to prepare your own court bundle, currently on a no paperwork basis until they provide otherwise.

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Very little other than your Defense for the witness statement if they produce nowt

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If you look at the Court Directions closely...it will state all parties to submit their documents by date xxxxxxx (disclosure)and prepare a statement (witness ) which also part of your disclosure by date xxxxxxx

 

 

Bundles are for more complicated claims/defences

We could do with some help from you.

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Thanks Martin & Andy, really helpful. The witness statement will, I'm guessing, be me stating what I've requested, and that I haven't received a single thing?

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  • 3 weeks later...

OK. Tomorrow I shall get my stuff together to send to the Court. So do I need to just send copies of the letters I sent out to our dear friends at Cohens etc?

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Take a read of the last page of the following thread isbo...this is an excellent example of how to prepare your disclosure and witness statement..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?458383-Lowell-lowells-sols-claimform-old-Vodafone-mobile-debt/page6

 

Regards

 

Andy

We could do with some help from you.

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  • 2 weeks later...

Still not received a thing off the other side. Hearing is due to be this coming Monday - should I book a day off work to attend? I can't book half days, btw.

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So no disclosures or witness statement from them ?

We could do with some help from you.

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So when your in court inform the judge that the claimant has failed to comply with his directions and failed to disclose any documents or witness statement on you...so barred from relying on any documentation.

 

Refer to CPR 3 THE COURT’S CASE MANAGEMENT POWERS

 

Power to strike out a statement of case

 

3.4

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2) The court may strike out(GL) a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

© that there has been a failure to comply with a rule, practice direction or court order.

 

Andy

  • Like 1

We could do with some help from you.

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If you dont attend you cant tell the court...you lose they win you get a CCJ.

 

If the court does strike out the claim ask for your costs ...and take proof (written evidence) that you have had to take a day off work (£90.00)

We could do with some help from you.

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I would venture that an employer can not deny you the right to defend a claim being made against you.

Your priority should be to attend the hearing.

Have you been denied the time off from work despite explaining the reason?

Imho i would attend the hearing and deal with the fallout from work later if necessary, what would be the worst case scenario with regard to work? I mean as opposed to getting a ccj by default for not attending?

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isbo you are in your rights to book a days holiday and they cant refuse you, unless its written in your contract (eg certain time of the year). They can however refuse to pay you, but don't worry about that. My wife works in HR mate but give acas a ring and they will tell you the same. You do tho have to of worked there for two years or you have no rights lmao

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