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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
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Welcome secured loans/charge - sold to Alpha/Prime -repo received - ***Claim Dismissed***


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Well its simply to hear the claimants application to amend their particulars (as the order states) 21st March 2018.

 

The hearing on the 26th March I presume is a continuation of the claim ...although I have not see a Court Order regarding this date and hearing.

 

Andy

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court order in 1205 now

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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Should I be posting stuff somewhere else as anything that’s if importabtce you don’t seem to see? Even though it’s put in here as soon as I get it and before I send stuff I always ask is it ok to go and what I need to do.

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court order in 1205 now

 

As per my post #1227 DX

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What do I need to take with me next week.

 

Am I likely to be asked if I agree to the amendment as it’s what I queried in my defence by saying they are contradicting themselves by giving various incorrect dates and were they even sure on when these events stated in pic took place.

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The court decides in reality...very little you can do but object.

We could do with some help from you.

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I would have thought their poc should be watertight before they issue these claims.

 

Not a mash up of inconsistent dates and conflicting and false info.

 

Very true...but we must adhere to Legislation and that the Gods that be.

We could do with some help from you.

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Then the court should dismiss their application to amend and dismiss their claim.......:-)

We could do with some help from you.

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There are no sides in litigation...the issue will be decided on the facts.... law and process.

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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change of POC will be heard on the same day as the repo

that all you needed to write cruz

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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I could really do with some help and guidance as to next weeks hearing.

 

My head is lost with it all.

 

I’ve half done a skeleton arguement.

 

Do I pull up their inconsistencies.

 

Is the judge likely to go through my defence and their reply paragraph by paragraph and compare

 

I don’t know what to do

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Dx I had your inbox. I don’t quite get it

 

The stuff above where the facts are you gave to me.

 

Do I just outline the facts and give that to the judge. The bottom part was bits of a witness statement, also in post 1115 where do I use all that?

cruz.txt

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the 1st sentences before where the facts are you gave to me.

 

you repeat yourself

just tidy it up to be breif and factual.

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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Share on other sites

Thank you. Is this skeleton arguement for me or is it to be handed to the judge before Monday

 

Dx as per post 1245 I’ve sent you the amended copy.

 

Just had a letter from court they’ve brought the hearing forward 2 hours on mon

 

Just rang the court to see why the change of time. The time it’s been moved to is the time they allocate for bigger cases. This is getting scary now

 

Can some please tell me if I need to print this skeleton arguement to give to the judge or not.

Edited by dx100uk
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This is far from over I’ve got to go back in 4 weeks.. he wanted it next week but solictor said they wouldn’t be able to get docs.

 

The charge is staying put I don’t think I put got the point across. The judge said it’s for further monies borrowed.

 

He almost quashed the possession with the fact of the 8000 Ppi refund meant that I wasn’t in arrrears at all. But now at 19 months ahead in payments.

 

Solictor argued that the 231.49 monthly installments would still have to be paid.and remained outstanding so therefore I was in arrears and that should come off the balance owing. It turned into a heated debate between the judge and the solictor.

 

He could not find anything on the loan agreement that stated this.

 

I then argued that if the amount of repayments were 231.49 at the months owing then it would mean the claimant is still charging interest.

 

The judge wanted to know where does it say that. So I pointed it out on the possession claim. And that I’d had it in notes from welcome finance. I didn’t have it so he sent me home to get it and adjourned for and hour.

 

He wanted it finished today to remunerate but the solictor had another appointment to get to and she said that she would have to go back to the claimant.

 

Also the loan agreement stated 8% then old welcome statements has 7.8%

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And the solictor argued with the judge that is was not in my defence that I was ahead with payments and it was just the judges opinion..

 

He said no its the opinion of the court.

 

The hearing was about 2 1/2 hours in the end.

 

Next hearing he said to allow 3 hours.

 

Judge is retiring in 8 days so pushed to get it all done today solictor refused.

 

But he said he will organise it so he is allowed back to finish case off.

 

Solictor today was heavily pregnant so she won’t be able to come back next time either

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