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    • Well I really don't know where to begin with this. I've spent hours trying to figure out what to put but it seems that every witness statement is different depending on the exact circumstances. I know that I shouldn't put all my cards on the table but I don't know which ones to hold back and which ones to get rid of altogether.   This is what I have so far...   I, XXX of XXX am the Defendant in this case. I make this statement in support of my defence again the Claimant, Civil Enforcement Ltd.   1.       CEL make it impossible for defendants to discuss PCNs with them or their representatives:              A.       On the 26th Nov 2018 I received an unexpected PCN from CEL. I immediately went onto their “Contact Us” page, which stated that operators are available to speak to during normal working hours (see appendix 1 - THIS IS JUST A COPY OF THEIR CONTACT US PAGE). I tried calling numerous times to discuss the matter but regardless of what time of day I called there was no option to speak to an operator, only an automated system to pay.              B.       When I received a debt collection notice from ZZPS (see appendix 2 - COPY OF LETTER) the letter instructed me to call them on 01932918916.                      14th Mar 2019 - I tried calling several times and have a call recording I can play for the court to show that it was impossible to speak to anyone. Instead I was played the following automated message: “The party’s call minder belonging to 01473478289 is full and can’t accept any more messages. Please try again later. Goodbye.” The call then hangs up.                     19th Mar 2019 - I tried again at several times throughout the day and this time a message played thanking me for calling ZZPS and asked me to hold. It then rang for 2 minutes before repeating the same message. This happened over and over again. I have two recording that I can play for the court showing this to be true, one that lasted 9 minutes and the other for 10 minutes before each time giving up.            It appears that there is some unreliable call routing in place meaning that I had no way of contacting CEL or ZZPS as they both advise.   2.       CEL failed to produce any of the documentation I requested in writing, which obstructs me from defending this case:             A.       On the 3rd Dec 2018 I completed CEL’s online Appeals Form (see appendix 3 for a saved copy of the submitted form - ATTACHED TO THIS POST). CEL responded (see appendix 4) but failed to answer any question, stating that GDPR prevented them from doing so.             B.       On the 14th Aug 2019 I sent them a CPR 31.14 Request letter (see appendix 5). CEL did not respond.   3.       According to Schedule 3, Part 1, Class 13 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007, only signage older than 10 years is deemed as having consent granted.   CEL has changed its signage 3 times within the last 10 years, which can be clearly seen from Google Street mapping images:            A.       2018 – Present: Signage stating 1hr free parking (appendix 6a)            B.       2012 – 2017: Signage stating 3hr free parking (appendix 6b)            C.       2008 – 2012: Signage stating 2hr free parking (appendix 6c)   CEL’s current signage was installed at some point during 2018 but according to Stockport Council’s online planning applications search system no planning permission was granted. I believe the signage has therefore been erected illegally, which makes it impossible to enter into a contract with them.   4.       CEL has also added legal costs to their claim, which is not recoverable within the Small Claims Court.   I believe that the following facts stated in this Witness Statement are true.   Have I made a complete balls-up of this or am I going in the right direction? I thought it might work in my favour if I try to show the judge that I made every reasonable effort to resolve this without going to court but CEL purposely make appeals as difficult as possible. Perhaps none of that matters. Not sure. 🤔 Appeal Text.pdf
    • images/posts removed . please do not post jpg picture images directly to a post . read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only . that way only logged-in,registered and approved caggers are the only ones that can download and see them . else anyone can see them caggers or not. dx     dx    
    • This will be ok for you to offer the final 1 month's fee you should have paid :-   Dear Harlands,   I refer to my membership at [town/city] gym.   The DD mandate was cancelled after the June 2019 payment was made and this was notice of my intent to cancel the gym membership.   I now realise I should have left the DD Mandate open to pay a final month's fee for the notice period.   Please confirm your bank payment details and a reference so I can pay you the £xx.xx to end this matter. I will not pay any admin fees added by Harlands. I will only deal with this matter in writing, not by phone.   My offer is valid for 14 days only and will be withdrawn if you demand any higher amount.   Yours sincerely,
    • seems like your payment issue is not just your error      
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tinmachine

PRA Claim Form - HSBC current account OD

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"We write further to the above and confirm receipt of your defence. We have written to the court to inform it that we wish to proceed with our claim."

They have responded to the court within the specified time, so the case wont be stayed and hence why you can expect a notice of allocation arriving

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well we've seen them say this before and they haven't

 

see if the court write with allocation

if not around the date above it gets autostayed

and it will cost them to lift the stay.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Update:

 

Today received 'Notice of Proposed Allocation to the Fast Track' form.

 

What do we do now!

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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You say that like I haven't looked.

 

I'm asking because most of the posts I read are confusing at best.

 

I have no idea what most of this terminology or the process means and it scares the crap out of me that if I do something wrong this will end in court and my wife (who the claim is against) will absolutely NOT go there and will just let it be heard without attending.

 

If anyone can please explain what this form is actually for and what will happen next I'd be grateful.

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We could do with some help from you.

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tinmachine - it can be difficult reading other threads while you're anxious about what lies ahead with your claim, but rest assured the help will be here when you need it. I don't know too much about these dodgy HSBC managed loan/overdraft dealings, but it sounds as if the claimant will have a bit of work on their hands here. There's a fair bit of time to run, so just try not to stress on it and take time to find similar scenarios to read up on. Ultimately, the objective will be two-fold - to make them work, and to identify and make challenges to the legality to their claim. I've got a bit of experience dealing with PRA, so I'll keep an eye on your thread. It would give me great pleasure to assist you with getting them in a good chokehold. ;)

 

Just make sure to stay on top of everything. Don't leave anything until the last minute and you'll maintain better control over what's happening.

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Thanks Andy & Shamrocker, I'm sure this will all work out in our favour with your support.

 

I've read the replies on the threads that Andy suggested and will be posting our intended reply here as soon as I can make sense of it.

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Thanks Andy & Shamrocker, I'm sure this will all work out in our favour with your support.

 

I've read the replies on the threads that Andy suggested and will be posting our intended reply here as soon as I can make sense of it.

 

Keep your eye on your dates :wink:


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Keep your eye on your dates :wink:

 

I will, I'm fairly certain the Notice of Allocation gave until the 28th November to respond. I'll get a response sketched out in the next week and post it here for feedback.

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How does this look so far?

 

A. Settlement

1. No

2. No

3. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the *******. The Claimant has failed to comply with this request.

 

B. Court

1. Not sure what to put in this section

2. Not sure what to put in this section

 

C. Pre-action protocols

1. Yes

 

D. Case management information

1. No

2. Not sure what to put in this section

3. They have requested fast-track, do I put anything in here?

4. Not sure what to put in this section

 

E. Experts

1. No

2. No

3. No

 

F. Witnesses

1. None?

 

G. Trial or Final Hearing

1. Less than one day

 

H. No precedent H

 

I. Other information

1. No future applications

2. Other info to consider

A CPR 31.14 request was delivered on XXXXXX but to this date the claimant has provided none of the requested information as follows:-

 

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on which shows a facility of £25,000,00

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

 

J. Directions

1. No proposed directions received from claimant, standard directions to be enclosed?

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This needs submitting tomorrow. Any suggestions of alterations before I submit?

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presume it is fast track, n150?


IMO

:-):rant:

 

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presume it is fast track, n150?

 

Now N181 Ford:wink:

 

A. Settlement

1. No...Yes

2. No...Yes

3. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the *******. The Claimant has failed to comply with this request. Not a valid reason

 

B. Court

1. Not sure what to put in this section Complete second Box name your local county court

2. Not sure what to put in this section Yes

 

C. Pre-action protocols

1. Yes...No Not applicable to defendant

 

D. Case management information

1. No

2. Not sure what to put in this section Fast Track agreed

3. They have requested fast-track, do I put anything in here? Fast Track

4. Not sure what to put in this section Not applicable to Fast Track ignore

 

E. Experts

1. No

2. No

3. No

 

F. Witnesses

1. None? 1 ...you

 

G. Trial or Final Hearing

1. Less than one day

 

H. No precedent H (ignore leave blank)

 

I. Other information

1. No future applications

2. Other info to consider

A CPR 31.14 request was delivered on XXXXXX but to this date the claimant has provided none of the requested information as follows:-

 

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on which shows a facility of £25,000,00

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

Remove all the above in blue... should already be in your defence

 

 

J. Directions

1. No proposed directions received from claimant, standard directions to be enclosed? Yes

 

Andy


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Thanks Andy. I'm starting to think that just paying up would be a lot less stressful than going through this complicated process (stressed!)

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Now N181 Fordwink.gif

oops :)

 

tin, there will still be time to consider things. and maybe settle if thats what you want to do.

have a good think, and see what the guys say.


IMO

:-):rant:

 

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oops :)

 

tin, there will still be time to consider things. and maybe settle if thats what you want to do.

have a good think, and see what the guys say.

 

Thanks Ford; It's just the stress talking really. The N181 with draft directions has gone off to the court and the claimant; I'll wait and see what comes next.

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Update.

 

It was all quiet over Christmas but we've just had a 'N24 Standard order for stay for settlement' form from the court. It seems pretty self explanatory, and we don't have to do anything as the defendant.

 

It states that one of the prescribed steps must be taken before 8 March 2017; the steps are for the claimant only, unless they try to come to some agreement with us.

 

So we sit and wait.

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Pretty much so......its there call but normally either party must comply ?


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Had a letter from PRA group yesterday asking for permission to stay the court date whilst they await further documents from the 'original creditor'. They have enclosed copies of some historical account transactions (statements) showing the original loan amount and subsequent payments and some other statement (unidentified) which we believe was a record of the payments made under the debt consolidation mentioned earlier.

 

If we don't agree to stay and it goes to court what is likely to happen?

 

Alternatively, if we do agree to stay what documents will they be hoping to obtain (as we already know the amount owed was for a loan but what they are claiming is for an overdraft)?

 

And how will those two decisions impact on the court's decision (e.g. is either more favourable for a positive outcome for us)?

 

Thanks.

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Had a letter from PRA group yesterday asking for permission to stay the court date whilst they await further documents from the 'original creditor'. They have enclosed copies of some historical account transactions (statements) showing the original loan amount and subsequent payments and some other statement (unidentified) which we believe was a record of the payments made under the debt consolidation mentioned earlier.

 

If we don't agree to stay and it goes to court what is likely to happen? You allow them more time to find the documents to help with their claim....and most probably you will lose.....dont allow further time

 

Alternatively, if we do agree to stay what documents will they be hoping to obtain (as we already know the amount owed was for a loan but what they are claiming is for an overdraft)?Thats why they cant find anything

And how will those two decisions impact on the court's decision (e.g. is either more favourable for a positive outcome for us)? No effect...you are just following the normal court process.

 

Thanks.

 

Andy


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Thanks Andy. Is the next step, if we don't agree to a stay (which we won't) for the court to allocate a date?

 

What do you think is the likelihood of PRA turning up for a court appearance without the documents?

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Well as this is Fast Track..if they wish to proceed and its moved to allocation and filling the N181 it will ask if parties are agreeable to mediation (which the courts expects parties to participate) but be careful because mediation is not free in Fast Track..parties are expected to cover the costs......but if there is mediation its normally a 1 month stay anyway...so they get their stay...but only if they wish to proceed to allocation...not before.

 

Hope that makes sense.

 

Andy


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It does thanks. I'll wait and see what they do.

 

The letter the court sent says that one of three things must happen.

 

1, claimant must notify the court if the whole of the sum has been settled

2, the claimant or defendant must write to the court asking for an extension of the stay (PRA have already written to the court asking for a stay to give us time to look at the statements they sent us)

3, all parties must file completed directions questionnaires

 

PRA have presumably complied with step 2. Do the court now wait for PRA to get back in touch with them to let them know if we've sorted anything out between ourselves? If so, how long will the court wait for a reply?

 

Thanks again.

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