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    • The Defendant contends that the particulars of claim vague and are 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. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as 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 of 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.
    • I will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
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silverfox1961

Have you received a Parking Ticket?

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If you have received a parking ticket or a letter concerning one:

 

Firstly,

please check whether this is a PENALTY charge Notice or a PARKING charge.

If this is a PENALTY charge notice , please click HERE

 

do not ever use or give an email address to a private parking company or their dogs

 

choose the relevant section below: WINDSCREEN OR ANPR [for ANPR there will be TWO PIX of entry/Exit]

copy and paste the relevent questions section to a new reply msg box in YOUR TOPIC...answer each question at its end..hit send/post

 

For a windscreen ticket (Notice To Driver) please answer the following questions....

 

1 The date of infringement?

 

2 Have you yet appealed to the parking company yet? [Y/N?]

 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload guide]

 

has there been a response?

please post it up as well, suitably redacted. [as a PDF- follow the upload guide]

 

If you haven't appealed yet - ,.........DONT ! seek advice on your topic

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

what date is on it

Did the NTK provide photographic evidence?

[scan up BOTHSIDES as ONE PDF- follow the upload guide]

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?]

 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

5 Who is the parking company?

 

6. where exactly [Carpark name and town] did you park?

.............................

 

For PCN's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

[scan up BOTHSIDES as ONE PDF- follow the upload guide]

 

3 Date received

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

 

5 Is there any photographic evidence of the event?

 

6 Have you appealed? [Y/N?] post up your appeal]

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company?

 

8. Where exactly [carpark name and town]

 

For either option, does it say which appeals body they operate under.

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

 

copy the windscreen or ANPR section to your thread and answer the questions...

……....

in either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY

 

NOTES FOR TICKETS ISSUED IN SCOTLAND

 

if the Private PCN is issued for a car park within Scotland

 

you are safe to totally ignore ..but not everything!!

do not respond and tell them who the driver is

better to not respond at all...

 

NEVER EVER ignore a court claim or a letter entitled letter of/before claim/action

 

you are very safe to ignore anything from a DCA or a fake/tame solicitor simply mentioning court 

 

 

 


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Just a quick thank you to Ericsbrother for giving us information to assist with the above post.

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If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1347 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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