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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • honeybee13
      Carparksecurities Northgate, Halifax, Former Dews Car PArk HX1 1XJ

      By honeybee13 · Posted

      Hello, welcome to CAG. As you say, appealing this ticket doesn't help as these people hardly ever accept appeals. They don't care how difficult someone's life is, they just want the money. The forum guys should be along later with thoughts for you on how to deal with this. Best, HB
    • Nongki
      Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.

      By Nongki · Posted

      I have received an email in the last 10 minutes 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024  It also includes a "Notice of Hearing" stating that the application hearing will take place on 13th June at 10.00am.  Confused as to whether I need to attend this ?
    • MotherofDragons76
      Carparksecurities Northgate, Halifax, Former Dews Car PArk HX1 1XJ

      By MotherofDragons76 · Posted

      I've received this notice to keeper. I work for the NHS and was delayed due to patient care. I park here regular and and have never had any issues. I've looked at the evidence on the portal and other than showing that i entered at 12.59.33 and departed at 17:14:14 it doesn't state how long i overstayed for. I paid for 4 hours parking over the phone which i wont have done till i got parked but as its over the phone i have no receipt or record but it is not possible for me to have been in excess of 15mins from the photos alone but I'm unsure having read other threads whether grace periods are 10 or 15 minutes. I havent appealed yet but and was about to but in appealing i'm showing i'm the driver which i gather is something you state we must never do. I don't like confrontation but £60 seems extortionate. Hope you can help. 🤞 1 Date of the infringement 30th May 2024 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 30th May 2024 [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s 3 Date received 5th June 2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No reference to schedule 4 just says"...we the creditor reserve the right to recover unpaid parking charges from the registered keeper in accordance with POFA 2012." 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up NA 7 Who is the parking company? Carpark securities 8. Where exactly [carpark name and town] Northgate, Halifax Former Dews Car Park HX1 1XJ For either option, does it say which appeals body they operate under. IAS There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   Notice to Keeper.pdf
    • lookinforinfo
      VCS SpyCar PCN now Claim Form - No Stopping - Bristol Airport

      By lookinforinfo · Posted

      It never seems to amaze me how the chuckleheads think that No Stopping can ever offer a contract when it is prohibitory. In any case you did not accept the contract by entering the land, you entered the land to get to the airport for goodness sake. In most car parks there is a Consideration period that allows motorists to decide whether they want to stay in the car park . Here on a road, there is no consideration period and whether the motorist finds the terms agreeable or not even assuming that they are able to understand that they are being hoodwinked into believing they are being offered a  contract they cannot turn back. They have a plane to catch and even if they did turn back because they didn't accept the  No Stopping term of   the so called contract they would still have had to stop to turn around. Plus there is a question of Frustration of Contract. You had to stop at a pedestrian crossing .    
    • Nicky Boy
      VCS SpyCar PCN now Claim Form - No Stopping - Bristol Airport

      By Nicky Boy · Posted

      Just a couple paragraphs their WS that it might be useful to refer to specifically in the OP's WS... Para 6 A contract was formed with "the driver" of the vehicle. Para 8 "The driver" accepted the contract. (The "driver" is not named, or identified anywhere in the WS). Para 7 WHY would there ever be a "no stopping" restriction in a car park? (In Para 10, they specify that it is a "car park"). Para 11 "The Defendant" became liable." Again, they have not shown that the Defendant was "the driver", simply the keeper. Para 20 "It is a matter of agreement"? Not really sure what they're trying to say here...

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Lowells/? claimform - LLoyds ultimate reward account OD 'debt'

brown owl

By brown owl
in Financial Legal Issues

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dx100uk

dx100uk

Posted
Posted
Hi,

 

not heard anything from Lowell's. Do I need to contact them again or just wait. If they don't reply will someone advise me on the defence for the form please.

 

thank you

already answered post 25.

 

 

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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brown owl

brown owl

Posted
  • Author
Posted

Good afternoon,

 

thanks for all advice thus far. I have not had anything at all from Lowell's and my defence is due on Tuesday. I have looked through some other posts for help on defence but I am still not sure what I need to say. I guess something to do with no reply to my request ? and then what happens please?

 

Thank you

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dx100uk

dx100uk

Posted
Posted

holding/no paperwork defence

already pointed to via post 25 search

 

 

post it up 1st so's we can check it.

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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brown owl

brown owl

Posted
  • Author
Posted

Okay, I have had another search. Is this okay please?

Taken from an old overdraft post. I am not sure if its a current account with overdraft facility or if I just went overdrawn.

They closed the account and I have no information anymore

 

 

1 The defendant entered into a consumer creditlink3.gif act 1974 Regulated agreement with Lloyds Banking group PLC under account reference 2504.......... (@the agreement').

2.The defendant failed to maintain the required payments

and a default notice was served and not complied with.

3.The agreement was later assigned to the claimant on 17/06/2015 and notice given to the defendant.

4.Despite repeated requests for payment the sum of £1559 remains due and outstanding.

5.And the claimant claims

a.The said sum of £1559

b' Interest in pursuant to s69 county courts Act 1984 at the rate of 8% per annum

from the date of the assignment to the date of issue,

accruing daily rate of £0.342 but limited to one year being £110

c.Costs

 

 

 

The Defendant contends that the particulars of 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 .Paragraph 1 is noted. I have had an accountt in the past with Lloyds TSB but do not recognise the account number referred to by the claimant.

 

2 .Paragraph 2 is denied I am unaware of any default notice being served.

 

3.Paragraph 3 is denied and I am unaware of any legal assignment or Notice of Assignment allegedly served.

.

4.On the DDicon/MM/YYYY ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

.

5.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 how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

.

6.As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

.

5.On the alternative, if 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 crediticon Act 1974.

.

7.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.

 

 

Hope thats all okay. Thanks

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dx100uk

dx100uk

Posted
Posted

I've inserted their poc in red

you need to align your refs to their paragraph numbers

and answer any that you have yet to respond too

 

 

keep going

well done thus far

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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brown owl

brown owl

Posted
  • Author
Posted

1 The defendant entered into a consumer credit act 1974 Regulated agreement with Lloyds Banking group PLC under account reference 2504.......... (@the agreement').

2.The defendant failed to maintain the required payments

and a default notice was served and not complied with.

3.The agreement was later assigned to the claimant on 17/06/2015 and notice given to the defendant.

4.Despite repeated requests for payment the sum of £1559 remains due and outstanding.

5.And the claimant claims

a.The said sum of £1559

b' Interest in pursuant to s69 county courts Act 1984 at the rate of 8% per annum

from the date of the assignment to the date of issue,

accruing daily rate of £0.342 but limited to one year being £110

c.Costs

 

 

The Defendant contends that the particulars of 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 .Paragraph 1 is noted. I have had an account in the past with Lloyds. The account was closed and was and is in dispute for the excessive charges and fees also I do not recognise the account number referred to by the claimant.

 

2 .Paragraph 2 is denied I am unaware of any default notice being served.

 

3.Paragraph 3 is denied and I am unaware of any legal assignment or Notice of Assignment allegedly served.

.

4. Paragraph 4 is denied. On the DD/MM/YYYY ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

.

5.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 how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

.

6.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

.

5.On the alternative, if 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.

.

7.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.

 

 

Is that okay to send now please (once details filled in). Do I need to say anything about their paragraph 5?

 

Thank you

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martin2006

martin2006

Posted
Posted

Reference their para 5 in your 5 .......para 5 is denied......

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brown owl

brown owl

Posted
  • Author
Posted

Hi,

 

I received a letter from Lowell Solicitors today saying that my request for documents had been forwarded to their clients (Lowells Portfolio) and they will forward them on to me on receipt.

Then they thank me for my patience and look forward to hearing from me.:lol:

 

As I have sent my defence shall I just ignore this?

 

Thank you

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  • 1 month later...
brown owl

brown owl

Posted
  • Author
Posted

Hello,

 

I had a letter from the court on the 7th June stating that my defence had been sent to the claimant etc.

 

I have heard nothing since. Do you think the case has been stayed? Is it possible for me to find out and do I need to do anything further please.

 

many thanks

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AndyOrch

AndyOrch

Posted
Posted

Yes it will be stayed.....it states in the acknowledgment from the court re your defence has been forwarded the procedure...they have 33 days to respond ...if not the claim is stayed.

 

33 days was last Saturday.....and no there is nothing further for you to do.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 1 month later...
brown owl

brown owl

Posted
  • Author
Posted

Hi,

 

back again I'm afraid!

 

I thought I had heard the last of the above but

 

today received a copy of a form 'Directions Questionaire'- I have not had one of these before so would be grateful for advice on what it is and what to do now please?

 

(Not had anything else from the court of Lowells since filing the defence acknowledgement)

 

thank you

 

sorry I mean receiving the defence acknowledgement!

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dx100uk

dx100uk

Posted
Posted

Ring the court ask if they've paid to lift the stay

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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AndyOrch

AndyOrch

Posted
Posted

We appear to have a mass batch of these on the forum from Lowells today...

 

Simple to complete...yes to mediation ...yes to Small Claims Track....name your Local County Court as the venue...the rest are self explanatory tick boxes...return it to the court by the date stated and send a copy to the claimants solicitor...retain a copy for your file.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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brown owl

brown owl

Posted
  • Author
Posted

Many thanks. I have tried to ring the court but I am number 13 in the queue!! Will try later.

Also I have not received anything from the court yet-this is just a copy from Lowells- should I ask the court about that?

 

Thank you

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dx100uk

dx100uk

Posted
Posted

Look at the other Lowell claim threads here today

You are the 3rd to get no DQ

You can download one and fill it in as above

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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AndyOrch

AndyOrch

Posted
Posted

Simple to complete...yes to Mediationicon...yes to small claimsicon Track....name your Local county courticon as the venue...the rest are self explanatory tick boxes...return it to the court by the date stated and send a copy to the claimants solicitor...retain a copy for your file.

 

You can download your own N180 here ......

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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brown owl

brown owl

Posted
  • Author
Posted

Thanks for the advice.

 

If I have not actually had the Directions questionaire from the court

can I just wait and see if anything turns up from them before responding off my own back so to speak.

 

 

Can Lowells do anything further if I have not had the forms directly from the court and don't reply?

 

I have still not been able to get through to the court re the stay:-x

 

Thanks

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AndyOrch

AndyOrch

Posted
Posted

See post #27 there appears to be a pattern forming...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?467829-Lowell-claimform-Old-CAp1-card-debt/page2

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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