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    • Thank you all for your input so far. I have now received a letter back from my CPR 31.14 stating 'CPR 31.14 is not relevant to small claims matter, pursuant to cpr 27.2......we are under no obligation to disclose the documentation at this stage.' I assume this response is expected?   I have reworded my defence and made it more succinct, I'm not sure what else I could add?   1. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.   2. It is admitted that the Defendant was the registered keeper of the vehicle in question. However, the defendant has no liability as they are the Keeper of the vehicle, and the Private Parking Company has failed to comply with the strict provisions of PoFA 2012 to hold anyone other than the driver liable for the charges.   3. Signage at the site is not sufficient. A sign is present on the left hand side of the entrance, away from the driver, and therefore cannot be easily read by the driver of a passing vehicle. On closer inspection this sign states ’Refer to the full Terms & Conditions signs located throughout the car park’. Signs are located so that information is often obscured by other parked cars and is difficult to read. These signs state ‘Entry to or use of this privately operated and managed car park is subject to the current terms and conditions of vehicle control services ltd. Motorists/persons utilising this car park hereby accept in full the terms and conditions.’ Therefore, the driver is deemed to have agreed to the terms and conditions by having entered the car park before knowing what those terms and conditions are. The elements of offer, acceptance and consideration both ways have therefore not been satisfied and so no contract can exist.   4. The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4 not with reference to the judgement in parking eye v Beavis. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the civil procedure rules 1998    In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4. 
    • On side note: I have notice that many people without the skills to argue their point, accuse others of being rude, racist, sexist, homophobic etc. I.E. Excuse me, i don't have a receipt for this refund, but i have my bank statement,  can i get a refund? -No, no receipt no refund - But your policy and the law says "proof of purchase" not "receipt " - You're rude/racist/homophobic, you must leave now or i call security.    I see this happening day in day out. Even kids do it, they're very quick at gaining a crowd's attention by shouting "racist/homophobic" so they can feel they've won the argument.  Sad.  
    • The advice is: make a complaint and get a refund. Then make another complaint about the inspectors attitude if you want, but changing the world is something that it's not going to happen, surely not for an excess fare. Inspectors are given discretion and unfortunately some of them take this as a sign of power over other people. It's impossible to sack all people who have a little position of power and employ more, hence the complaint system.  That's life and as .much as everyone of us want to improve it, it's an impossible task, so don't waste your time and brain on it. Just accept that there are things you can't change.  Get your refund, get your apology, then move on. That's my advice.
    • Hi.   I've removed part of the account number to keep this anonymous for you.   Have npower done what the ombudsman said?   HB
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lovetobake

Nemo 2nd charge loan - threats of AEO - HCEO etc - home was repod by 1st charge years ago

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Hi all,

 

To make this as brief as possible,

 

I had a second charge on my property with Nemo personal finance.

In 2007 the property was repossessed due to a lot of bad luck and the original lender sold the property over £50,000 less than market value just to cover their own expenses (G E Money) which left nothing to pay off the second charge.

 

I have been battling this loan on and off ever since and during this time Nemo took me to court and won because I never defended the claim and this was due to the fact \I knew nothing about it.

 

I agreed a miminal payment to them which I paid monthly

about 2/3 years ago I wrote to them sending them £10 PO asking for a SAR.

They never produced it so after a while I stopped paying and things went quiet of a year.

 

Now they are back on my case threatening with a attachment to earnings, High court Writ and Baliffs etc.

I am not sure how I should proceed with this and would really appreciate some help.

 

I id speak to one of their customer service reps when I got the first contact letter and explained that I stopped paying because they did not comply with my request and he said he would look into it and get back to me but he hasnt and I ave just had a letter threatening allsorts to collect.

 

When I first loss my house I did do a lot of research on this with regard to the PPI and secret commissions which there undoubtedly was but never saw it through due to personal circumstances.

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Really depends on whether you have income or assets to pay this debt.

 

Did you ever look into the repossession by GE Money ?

 

Do you have a copy of the CCJ, so you know what it says ? If not, get a copy from the court.

 

It might be wise because of the CCJ and further costs of enforcement to make affordable payments. If they do elevate to High Court enforcement, then the fees they will add, will make you wish you had made small repayments.

 

If Nemo are in breach of Data Protection Acr for not complying with an SAR, you should make a formal complaint in writing.


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No I have no assets at all.

 

I do intend to make a complain in writing but I just need to know my legal rights as the loan would not be covered by CCA.

 

Also, I dont have a problem paying small instalments which will be small as I am what they now class as working poor! but I want to claim back all the charges and PPI and look into the secret commission but I cannot do that if they dont give me the info I have asked for.

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How much was the second charge for LTB and what date in 2007 did you take it ?

 

Andy


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Hi Andy,

 

I think the original loan was about £40,000. i would need to dig out paperwork to confirm exact details.

 

2007 was when we got into trouble and house repo. Loan was take out 2005/2006, again would need paperwork which is one reason I sent SAR 3 years ago.

 

Thank you

LTB

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Ah many thanks I was just wondering whether it was around the 25K threshold ...for CCA1974 purposes.


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Also, I dont have a problem paying small instalments which will be small as I am what they now class as working poor! but I want to claim back all the charges and PPI and look into the secret commission but I cannot do that if they dont give me the info I have asked for.

 

Given the amount of this debt and your current circumstances, have you discussed this with anyone qualified to discuss bankruptcy ? Not saying this is the right solution, but something to look into.

 

If you have other debts, then you can also include these and look to have a fresh start after a relevant period.

 

If you found PPI to claim back, they might just keep this to pay towards the debt.


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Getting back onto this thread, I need to deal with this as it is not going away.

 

I have requested another SAR from Nemo which I now have but they have not sent me all the infor that they sent when I originally SAR them back in 2008, about half that info is missing.

 

They still have not given any details with regards to the PPI which I am going to try and claim back to start with.

 

I have been thinking about ways in which I can move on with this and would appreciate your comments and views.

 

First of all I have thought about trying to get the judgement overturned but I am not sure I can because 1. the amount of time lapsed since the judgement was granted

2. I cant prove that I never received any claim form, which of course I didnt. I knew nothing about t until some months after the event as I would have challenged it.

 

I am going to see if I can get the PPI and charges back.

 

I am also thinking of writing a complaint letter about the issues that I have with Nemo and also complaiing that I am now aware that the loan was missold which I believe it was after reading lots on here.

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I have now just received a letter to say they are sending out a field agent!

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I would concentrate on this nemo load

dump the rest to


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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id be sending nemo an sar

let get all the statements

and the full picture here

 

that judgement is 10yrs old

 

if they've not enforced it

its too late now

and I bet that's why you simply get threat -o-grams.

 

I gather by judgement you mean a CCJ


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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Yes dx100UK a CCJ.

I have SAR'd them before on 2 occasions.

 

The first was before they issued a claim and the second time was last year when they were on the case again.

 

Strange thing is, second one didnt have as much info as the first one.

 

thing is I dont really know what I am looking for.

There wasnt really that much I could see in the way of charges and things.

 

When I sent the SAR the first time it was not long after the house repo and there was a lot of info at the time on the internet about unenforceable loan agreements but I figured because it was over £25k and therefore not regulated there would seen little point in trying to challenge it in any way.

 

What do you mean by its to late to enforce it?

Is there a time limit on enforcement then?

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that is a good point by dx, re enforcement after so long from the date of the judgment.

if they go to enforce, and its after 6 years without certain activity, they would need the courts permission.

what was the nature of the judgment,; instalment order, forthwith,...

you said you stopped (20/mth) payments in the last 3 years


IMO

:-):rant:

 

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I am leaning to what Dx and Ford say above,

 

Need to find out what options there are on the 40K one. Because if that is still a valid claim then bankruptcy would be the option I would take.

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put bankruptcy out of your mind. As advised, send a SAR asap to nemo. For the cost of a SAR you MIGHT be able to write off that 40k completely. But the SAR will give the info needed to see.

 

Is the nemo loan/judgement still with nemo, or did they pass it on to another company?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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apparently a sar has been done twice already, last one last year. #16


IMO

:-):rant:

 

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Ahh. I think in regards to the 40k, then it all depends on the time between judgement and now, and if theyve actually attempted to collect, or theyve remained quiet for that period. Then perhaps totally ignore nemo, and leave the ball in their court. Of course, if nemo took it to court, due to the amount it is, even though they havent chased it, it would be up to a judge, but i dont think it would get that far. After all, theyd have already done that.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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lovetobake has said they have been paying 20/mth on the ccj up until about 3 years ago. #10

if that's so, then the 6 years to enforce may not be applicable yet (even if its not under a formal instalment order, courts permission then required)

what was the nature of the judgment/order?


IMO

:-):rant:

 

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posts moved from new thread to here

 

so theres PPI?

is this in the SAR?

 

can we see all the statements please?


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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O I have become very confused !!!!!!!!!!!! I am now on another thread I wrote some time ago.

 

The situation with Nemo so far.........

I managed to get another SAR from them last year which was the 2nd one.

It took me 3 years to get this second one out of them from paying the £10.

 

eventually it arrived

the information is not the same in as much as there seems to be things missing that I got in the first SAR.

There was PPI which the details were never forwarded on,

it just mentions somewhere in the paperwork the amount of the PPI.

 

I then wrote to Nemo asking why I never received the details of the PPI

they wrote back saying that I would have to contact the broker that arranged it or the Insurance Company.

 

The Broker was Promise finance who went into administration some time ago

I phoned the FSCS who sent me out a claim form and I never did anything with it.

 

I am expecting Nemo to be in touch again at any time

although last time, I wrote a letter of complaint because they kept sending me letters threatening doorstop visits

when I phoned them they never returned the calls.

 

I sent them an I & E form and they said they could see that I couldnt afford anything at that time.

But they will be back.

 

Going back to the PPI,

like I said before

I had a claim form but my head really hasnt been in the right place to deal with it

 

(I am sorry guys you are going to cringe at what I am going to say next),

in October I got a phone call from a claims company saying they had my details regarding the PPI that was sold by Promise Finance and they believed I would be able to claim it back blah blah blah and its a no win no fee blah blah and I just agreed even though they will take 25% if it is successful.

 

I am very sceptical of them though because I didnt want my circumstances made worse by the money going straight of the Nemo debt and then having to cough up 25% to them

 

I have it in writing from them that Nemo cannot touch it as the PPI was sold by the Broker not Nemo.

I still dont trust them though.

 

If I do get anything back I have to be honest it would be a blessing but Im not banking on it.

Its been 2 months so I may hear by the end of Jan as they say it can take upto 12 weeks.

 

I just dont know a way out of the Nemo loan other than Bankruptcy.

If anyone has any other ideas please share :)

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each debt should have ITS OWN THREAD

which then makes things so much EASIER to understand.

 

if you cant find you threads

click your username

om the left

or uptop USER CP

 

ONE THREAD

ONE DEBT


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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the FSCS is the way to go

you'll get 90% back

write and cancel the sc@mmers

tell 'em your budgie has died or something.

 

as for nemo

they could have enforced this long ago

the fact that they haven't

and are threatening doorsteppers means they know full well they don't have a leg to stand on.

 

can you scan up their last letter to PDF please read upload


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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so what going on with this nemo thing?


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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