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    • Hello all, I would appreciate some advice regarding a recent incident with Rossendales.   Brief background is I bought my current house in 2016 from my mum who inherited it when my Gran died. When my Gran was alive, my sister sometimes stayed there and used her address for various things including driving licence, bank accounts, work documentation and credit. She hasn't lived there since I bought it. The story behind this debt is that apparently my sister parked at my Mum's house in Bury without a valid residential parking permit. She had contacted the council and they apparently had waived the fine before this visit.   In June, me and my girlfriend were woken up at 07:20 by loud knocking. At the door were two Rossendales enforcement agents asking for my sister. I told them she didn't live there asked what the matter was about and they said they couldn't tell me and I needed to show proof of residency which I refused to do without seeing any documents compelling me legally to do so. They proceeded to clamp my car.   I brought them the only evidence I had which was a V5 document. The car is on finance so technically, the finance company owns the car. In the subsequent audio recordings of the phone call, it emerges that they knew the car was on finance. They also asked if my car was a white Ford Fiesta (which is my sister's car) and asked if she was insured on it (she never has been and has never driven that car). I feel like they have attempted to blackmail me into giving them my sister's contact details when it was absolutely nothing to do with me. Admittedly, I probably reacted badly but being woken up before I normally get up by loud banging which terrified my girlfriend didn't give me a good start to my day. They refused to show me any ID or a court order, presumably because they didn't have one. I was told by their complaints handler that they use various methods of tracing people, including credit searches.   I have retrieved the video and audio of that day through DSAR. The video is here and audio recordings of phone calls are here.   They eventually took the clamp off after a couple of hours, citing the fact that the car was on finance. I didn't miss work because of it but I was several hours late.   Additionally, they missed the ICO guidelines for the DSAR and were two weeks submitting the video files.   Is there anything I can do regarding legal action here? I've complained to the leader of Bury Council who has dismissed it without looking at the evidence or listening to the audio.      
    • https://www.financial-ombudsman.org.uk/files/2868/issue117.pdf   Albeit from 2014, p.24 There the FOS insisted the creditor reset the default date to earlier (3 months after the payments stopped, but that was only because there was an agreement with the debtor to have a 3 months ‘payment holiday’)
    • In the first place it must have been over the phone. Could have been by email but cannot remember to tell the truth. I would have sent them an I&E so now I'm wondering if it was by email.I will take a look but might take a time scrolling mails from over 3 years ago 🧐
    • Dear Sir, no payment was made after May 2013, and potentially the last payment was even before this (your client could only examine their records back to May 2013 when they were contacted, and there was no payment showing)   Your client is not permitted to unreasonably delay issuing a default notice, and certainly not with the effect of later attempting to “get around” the statute bar. This will be drawn to the court’s attention should your client proceed with court action, as well as being reported to the FOS, so you may wish to highlight this to them and seek their further instruction.
    • Thanks Honeybee13. Here they are:   For PCN's received through the post [ANPR camera capture]   please answer the following questions.   1 Date of the infringement .     8 / 08 / 2019   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] .    13 / 08 / 2019   3 Date received .  18 / 08 / 2019   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]   Not obviously but does a section of data processing for getting the detail of my car   5 Is there any photographic evidence of the event?  Yes   6 Have you appealed? [Y/N?] post up your appeal] .   Yes   Dear Sir / Madam,   I have just received my parking charge notice (PCN) for stopping at London Southend Airport on 8/8/2019. I understand that stopping on the road is forbidden. However, the reason I  stopped on the spot was to ask a traffic warden where I could park my car temporarily as I was going to pick up my family (it's my first time to London Southend Airport). The officer told me there was not a picking up place. He advised that I should park in short stay car park, which I did.   Considering the situation, could you revoke this PCN please?   Yours faithfully,   Have you had a response? [Y/N?] post it up .   Just automatic response saying a reply will be in 28 days   7 Who is the parking company?    Vehicle Control Services Limited   8. Where exactly [carpark name and town] . London Southend Airport, Essex SS2 6YF
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It has often been said on here that a claimant cannot claim the above interest if the action is brought under the remit of the CCA.

Well section 69 certainly does not say that. Now I know people will say yes but look here

 

The County Courts (Interest on Judgment Debts) Order 1991

 

This appears however to relate to section 74 of the 1984 act not 69 am I missing something here???

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read 69(4) County Courts Act 1984 and then go to the order you cite

 

The question to ask is, is the claimant seeking interest upon a part of the debt which already bears interest? ;)

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Hi,

so if a debt was sold can the new owner claim s69 interest from the date of purchase to judgement? Or does the simple fact that part of the debt is made up of interest stop s69 applying under county court act 1984 s69(4)?

 

Sorry I'm a bit confused by this.

 

Pumpytums

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basically yes. The fact that the debt might be made up partly of interest doesn't matter. Their cause of action starts when they buy the debt.

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I am also confused so are we saying here that a new owner can claim Section 69 interest?

 

I have read on here on so many threads about claimants adding interest to the POC and everyone saying no they cant but no-one mentions whether a new owner can.

 

HH

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I am also confused so are we saying here that a new owner can claim Section 69 interest?

 

I have read on here on so many threads about claimants adding interest to the POC and everyone saying no they cant but no-one mentions whether a new owner can.

 

HH

 

Hi All

 

I could do with a definitive answer on this. 1st credit are saying they can add s69 interest at 8% from the period of assignment on debts they bought from Barclaycard, I just need to know if this is definitely true.

 

Cheers

 

Tony

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If a claim form is issued claiming section 69 county courts act 1984 surely they must state a date(s) for the amount claimed and not merely a figure as per cpr16.4(2).

What would be the possible consequences of omitting this?

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You are correct MB ..its should show the full calculation ...number of days...etc.

 

Andy


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thanks for that andy am I also correct that this interest figure should not be included in the amount claimed as this amount would only be added after a successful claim which clearly it is not yet?

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It use to be the case but I note that MCOL automatically adds it in when the claimants compile their claim....but its still at the discretion of the DJ to allow it.


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If one wanted to try and lift a stay is it a case of using an n244? There doesn't appear to be any specific cpr for it.

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Yes. You need to explain why though and have good reasons though.

 

What is the background to this?

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Well it appears to me the likes of cabot etc have no problem getting them lifting after say 18 months (maybe much more but I know 18 months has been quoted on here). In fact I wonder whether they ever get refused? If so what would happen would the case be struck out I am assuming so.

What would be the potential problems of a defendant applying to lift a stay?

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They can indeed be refused. However, you need to give a summary of your case if you want proper advice.

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Well for starters they wouldn't be expecting it along with the implication that I must consider I have a reasonable chance of success. Plus I don't need it dragging on for years for other personal reasons

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Ok.. so to summarise.

 

A claim has been issued against you by Cabot.

 

You have submitted a defence.

 

The claim is currently stayed.

 

You wish to apply to lift the stay in order to proceed.

 

There is no reason why you cant apply to lift the stay, you would do this on form N244 - state your reasons.. which appear to be. You want this to be over and done with so you can move on with your life. You believe you have a good chance of success.

 

IMHO, it is an abuse of process for them to issue a claim and then simply park it. I am assuming that you made requests for documents which haven't been received ?

 

You would probably have to pay a fee (unless you are exempt). I would imagine you could reclaim this in the event that you win.

 

It could be that once Cabot receive notice of the application they attempt to discontinue their claim.

 

If this happens, I think they could make another attempt down the line - are you prepared to stick to your guns and not accept them discontinuing ?

 

If you are serious about this, perhaps a letter to Cabot advising them of your intentions.. something along the lines of..

 

ref: Cabot v mercyblue

Claim reference...

Status of claim - Stayed by Court since DATE

 

 

You issued a claim against me on DATE and it is currently stayed.

 

I believe it is an abuse of process to “park” a claim.

 

“In Barton Henderson Rasen v Merrett [1993] 1 Lloyd’s Rep 540 Saville J said that it is an abuse of the court’s process to issue proceedings with no intention of taking the case any further. In contentious matters the courts exist for the purpose of determining claims. Therefore, starting a claim with no intention of pursuing it is not using the court’s processes for the purposes for which they were designed.”

 

Unless I hear from you within 14 days from the date of this letter, that you have advised the court that you are discontinuing your claim, I will be making an application to the court for the stay to be lifted and your claim to be struck out. I will also ask for costs in the case.

 

 

Yours etc.

 

 

 

Yours etc.

 

Edited by citizenB
Draft letter amended

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You are largely correct citizenB - although its not actually cabot I was just using them as an example earlier. Seems to mean they (marlin) actually have sent out lots of claims that they know must be around SB time merely using the claim to stop the clock, or get a default judgement, with no real intention of pursing the claim any time soon. I like the idea of your letter from above I may well use that in the near future thanks citizenB

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Please do update your thread if you do go ahead :)


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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mercyblue - please note I have amended the last paragraph of the draft letter in post # 7.


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Well for starters they wouldn't be expecting it along with the implication that I must consider I have a reasonable chance of success. Plus I don't need it dragging on for years for other personal reasons

 

Its not dragging on...its going nowhere...until a claim is allocated its no more than a speculative action.

 

If you do make application to lift the stay (that's the easy bit) you will also be required to state why and what order you request

 

If you want the court to " strike it out " then you have to state a reason why and on what grounds and which CPR you are relying on.This will require a hearing with both you and the claimant in attendance.The fee for application is £155 and if the claimant wishes to oppose your application (most probably with a Barrister) which you will pay for if your application is dismissed... that could add a further £1k in costs to the claim.

 

You will have to present your application as to why it should be struck out and present your legal arguments.

 

Are you sure you want to make this application?

 

Regards

 

Andy


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Ok so the other side have now come up with some (scant) documentation and they are now asking how I intend to proceed. My question is do I send what would effectively be my ws, based on the docs provided, or basically say I defend it and wait for the AQ to arrive?

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1247 days.

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