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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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The 2011 default notice dies not show on any credit files however .

 

Andy

you have info re 'a' def notice, dont worry about anything else for now. when in 2011?

further, an original def notice wld usually come from an original creditor, not an assigned (sold to) dca.

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Well that means its gonna disappear soon anyway then

They idr can't change that date

Have they?

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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but you have proof

so you send a copy of the proof

along with a letter to plink

giving them 14 days to remove their incorrect default

or you'll raise a complaint with the ICO and seek financial compensation.

 

 

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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  • 1 month later...

Hello

 

I have done nothing since their warning .

 

Today we have received a Summons for £10261.72 the outstanding debt on the NBA letter was £7644.77

 

The Particulars of claim state the date of opening as 10-11-2000 and that the agreement was signed by the defendant .

 

They also say that a default was recorded as of 29/11/2015

 

When I wrote and asked for a copy of the CCA they replied with one signed 04-09-2000 .

 

Also within the SAR was a letter from Mercers dated 7th June 2011

 

Default Notice served under Section 87 of the CCA 1974

 

I have around 12 days to respond

 

What is my best course of action please as I have yet to see sight of the CCA signed on 10-11-2000 and believed that when they sent me the one dated 04-09-2000 which does not correspond to the account I am summonsed for .

 

Many Thanks

 

Andy

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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

please read the upload

and redact you docs properly.

 

 

we DONT need to see the claimform

get that link in post 35 sorted.

 

 

attachments hidden

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

Name of the Claimant ? IDR FINANCE UK LTD represented by KEARNS SOLICITORS

 

Date of issue – 27-03-2107

 

Date of ack [AOS] 14-04-2017

 

Date for filing defence = 28-04-2017

 

What is the claim for –

 

1.The claimant claims the whole of the outstanding balance due payable under an agreement xxxxxxxxx and opened and effective from 10/11/2000.

 

2.The agreement is regulated by the Consumer Credit Act 1974 , was signed by the defendant and from which credit was extended to the defendant .

 

3.The defendant failed to make payment as required and by 29/11/2015 a default was recorded.

As at 21/11/2011 the defendant owed Barclaycard PLC the sum of 766577.

4.By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective 21/11/2011 and made regular upon the claimant serving a Notice of Assignment upon the defendant shortly thereafter .

5. And the claimant claims

1. 774477

2. Interest pursuant to Section 69 County Court Act ( 1984) at a rate of 8% per annum from 06/08/2013 to 24/03/2017 of 210695 and thereafter at a daily rate of 162 to the date of judgement or sooner DATE 24/03./2017

 

.What is the value of the claim? £10261.72

 

Is the claim for a CREDIT CARD

 

When did you enter into the original agreement before or after 2007? BEFORE 2000

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. ASSIGEND TO IDR FROM BARCLAYCARD

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? YES

 

Did you receive a Default Notice from the original creditor? YES FROM MERCERS IN 2011 SEE PDF UPLOAD PREVIOUS post

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

 

Why did you cease payments? BECAUSE THE CCA I REQUESTED FROM THE CREDITOR DID NOT TIE UP WITH THE CARD IN DEFAULT ( WRONG CCA PROVIDED BY CREDITOR )

What was the date of your last payment? 26-07-2013

 

Was there a dispute with the original creditor that remains unresolved? NO

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? YES AGREED £1PCM WITH NO INTEREST WHICH THEY ADHERED TO THE SUMMONS NOW CLAIMS INTEREST FOR THE ENTIRE PERIOD

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thanks for that

 

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

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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thread tidied

£77,447.72 !!

 

£2106.95 interest

rising by £16.20 per day

 

what planet are they on!!

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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now

you have the old CCA return

 

 

sadly since you posted that up we had a database virus attack whereby uploaded files were corrupted by the attack

can you reload the fil into adobe

and save it as a different name

and upload that please for ref of what they sent 4yrs ago?

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 got the impression that they have not used decimal points in the Particulars and its £1.62 a day on that basis. The claim amount and interest amount to £100 more than the AMOUNT CLAIMED in the totals box of £ 9751.72 .

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I think I have managed to do it in Adobe .

 

you can see for starters the date signed differs from the Particulars of claim .

 

Fortunately we have the original statements for both accounts ,

I can categorically show it belongs to a different card.

 

Thanks

 

Andy

old CCa return.pdf

Edited by dx100uk
PDF properly redacted - dx
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that's total bogroll!!

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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  • 2 weeks later...

Hello kearns acknowledge my CPR 31-14 request and they say ( letter to follow ) that they need 28 days to acquire the documents they rely on .

 

In the meantime they promise in writing that they will not attempt a judgement by default and will allow 14 days after comply with the CPR Request for a defence to be issued.

 

Are they to be trusted or should I draft a defence in the absence of these documents ?

 

Finally is now a good time or is it detrimental to make a low offer for full and final settlement on a without prejudice basis .

 

Thanks

 

Andy

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you ignore them

don't miss your def filing date whatever happens.

 

post it up here 1st

 

and no please don't pay them..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... 

Link to post
Share on other sites

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