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    • Y daughter just told me she’s been paying off a fine for £600    a bailiff called at her next doors ,  whist there they clocked her car in the drive way , not scorn not taxed off the raid ... I know i know  broken waiting money spending on it [ Ford]  turns out the DVKA took her to court in Bristol long waynaways because she hadn’t told the DVLA she’d moved and BENETTS  bought the debt , and chased her up at the new address to collect the payments ... how horrid is that? 
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    • Please advise if the following is ok to use?   I will say as follows:   It is admitted that Defendant is the recorded keeper of xxxxxxxx With recent dismissed claims such as claim no. Xxxxxxx it has come to light that the contract with the landowner stipulates 2 hours free parking at the Berkeley Centre car park and thus this case should also be dismissed not wasting valuable court time as the vehicle in question was parked for less than 2 hours.  The claimant in this case is not the proper claimant. As can be seen in their "contract". If there is a valid claimant at all it should be Excel Parking Services and not Vehicle Control Services.   Therefore, if any contract exists at all, the Landowner gave Excel Parking Services that contract. 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As can be seen clearly on the contract, the contract was made for a FIXED PERIOD of 36 months from 25th November 2010. This means that this contract expired on or around 25th November 2010. As no renewed "contract" has been provided, again one can only assume that on the balance of probability, it does not exist.   In either case, as has been shown, Vehicle Control Services are not the proper claimant therefore there can be no cause of action as Vehicle Control Services has no Locus Standi to make or bring a claim and waste the valuable time of this court. If a contract existed at all (and there was a subsequent breach) it would either be between myself/driver and Excel Parking Services or myself/driver and the landowner. Vehicle Control Services are merely a third party and do not (as they have shown themselves in their own evidence) have a valid contract in place to manage the car park.   There is nothing said in the evidence to assert that Vehicle Control Services are acting as an agency on behalf of the actual contract holder therefore Vehicle Control Services cannot (and indeed do not claim to) have privity of contract. Dunlop Tyre Co v Selfridge [1915] AC 847, in which the action failed because although there was a contract, the plaintiffs were not a party to it and "only a person who is a party to a contract can sue on it," (per Lord Haldane).     This position (Vehicle Control Services being the wrong claimant) is backed up by their own evidence bundle. I refer you to photograph 28, 29 and 30 in the claimant’s bundle which clearly shows a 'Car Park' sign. The logo in the bottom and top right of the signs is for Excel Parking Services and not Vehicle Control Services who are making the claim in this case.   Vehicle Control Services know this to be the case as there have been many dismissed cases and discontinued claims.   Vehicle Control Services -v- Ms A. C6DP7P37 at Birmingham County Court. Dismissed. Wrong Claimant. Vehicle Control Services -v- Unknown. C1DP3H5V at Birmingham County Court. Discontinued. Wrong claimant.   As well as all of the following Discontinued claims. A8QZ6666, 3QZ53955, C8DP9D8C, C2DP0H7C, C1DP3H5V and C8DP37CH et al, all discontinued when it was pointed out to BW Legal that VCS had no right to pursue the matter as they were not the rightful claimant.   It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012; see paragraph 5.1a (enclosed). 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I have yet to receive any evidence of myself the Defendant entering into a contract with the Claimant (Vehicle Control Services) nor any evidence of planning permission granted for signage. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. ‘VCS had no right to claim damages in trespass against motorists…and that the penalty charges did not constitute, in VCS’s hands, such damages (and) that there was no contract between VCS and the motorist.’ The Claimant did not evidence any contract 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 carpark 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. The proper Claimant is the landowner. 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.   Thanks  
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p_walker

Lowells claim form - old Cap1 Card debt

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Hi everyone,

 

I was away a few weeks ago

 

when I came back there was a claim form from Lowells.

It is about a Capital One debt that is not statute barred.

 

I quickly sent the 'acknowledgement of service' but now I am running out of time to do anything.

The deadline for submitting the defence is next week.

 

Someone has advised me to ring Lowells and try to arrange a payment plan,

but that I would still probably end up with a CCJ.

 

Other have said I should defend, but I don't know on what basis.

 

I did request a copy of the credit agreement from Capital One a few years ago

and they sent a reconstituted credit agreement, which I still have.

 

What would you do in my position?

Thanks for any advice at all.

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you don't ring anyone!!

nor blindly pay up!

 

 

can you fill this out please

so we have all the correct information to properly advise you..

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**&p=4486063#post4486063


..

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Name of the Claimant Lowells Solicitors

Date of Claim 7th April

 

Dealine to submit defence = next week (but Lowells have written saying I need to contact them this week or they will ask for a CCJ).

 

What is the claim for – the reason they have issued the claim?

1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Capital One under acc. reference ***************

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 **/**/** and notice given to the Defendant.

4) Despite repeated requests for payment, the sum of **** remains due and outstanding.

 

And the Claimant claims

a) The said sum of £4000

b) Interest pusuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing ata a daily rate of £0.831, but limited to one year, being £*00

c) Costs

 

 

What is the value of the claim? £4000

 

Is the claim for a current (Overdraft) or credit card /loan or catalogue or mobile phone account? Credit card

 

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

 

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. Assigned to the purchaser.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? probably/can't remember.

 

Did you receive a Default Notice from the original creditor? Yes.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

I don't know.

 

Why did you cease payments? Capital One kept on adding charges that were too hard to keep up with, repayment was swallowed by charges.

 

What was the date of your last payment? Unsure, trying to find out now (def. within last 6 years).

 

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? No.

 

Is there anything I can/should do before the close of business today?

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date to right of the claimform please


..

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7th April

Would there be any point posting a CCA request today?

Edited by p_walker

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ideally should have been done weeks ago!

 

 

but yes

 

 

.

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

.

 

 

 

have you checked the status of the claim on MCOL?

 

 

defence is due 4pm Tuesday.

 

 

lots already here that are suitable


..

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Thanks, I am printing them now, presumably recorded delivery? But is there any point at this stage? Should I just phone them and offer a payment?

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why do you want to give in?

 

 

they are a DCA

they are NOT BAILIFFS

and have NO LEGAL POWERS WHATSOEVER.

 

 

its a speculative claim

hoping for a non contested default judgement where nothing is checked.

 

 

ever thought this?

why didn't cap1 take me to court and crush me??

why did they sell it for peanuts to a debt buyer?

 

 

dx


..

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I am just filling out this the 'Request for information when a cliaim has been issued' (can't post links). I am not clear which documents I should be listing. Is it the agreement, notice of assignment, default notice and statement of account? But the Statement of account is not mentioned in the particulars of claim.

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Thanks, I am printing them now, presumably recorded delivery? But is there any point at this stage? Should I just phone them and offer a payment?

it is small claims, issued already.

why not then take it as far as poss prior to any hearing. never know. and can always settle if required, tomlin order for eg.

wld any settlement later be much different to one now?


IMO

:-):rant:

 

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Wouldn't a later settlement necessaily involve a CCJ? This is something I cannot find the answer to so far.

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Wouldn't a later settlement necessaily involve a CCJ? This is something I cannot find the answer to so far.

already answered. tomlin order, no ccj if kept to.

you wld prob need one now also if you went to settle as i said a claim has already been issued and you have defended.

then there wld be small claims mediation if applicable.

unless you now want to admit the claim and pay. an instalment order wld be the next option if cant pay in full. but, wld then still be a ccj re that.


IMO

:-):rant:

 

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Thanks everyone, you have been really helpful.

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Thanks everyone, you have been really helpful.

what are you thinking of doing then?


IMO

:-):rant:

 

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I am sending the CCA request and CPR request, apart from that I don't know. The 'thank you' wasn't sarcastic :)

 

I don't know if I can send recorded delivery to the Lowell Solicitor's PO box, does anyone know?

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Just send it 1st class with free proof of posting

Same for the CCA

 

You only have to prove you sent them


..

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Sorry to bother everyone again, the final date for filing my defence is Wed 10th of May (tomorrow), and I still haven't done it. Can I still post it today or is it best to email before 4pm today?

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why ask get it up and ask Andy etc to view now minus personal details - less speed and you loose!


:mad2::-x:jaw::sad:

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I have been spending time reading old threads etc., but you are right.

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Better to email it before 4.00pm using the dedicated email address for defendants to MCOL.

 

Post it here first if you wish it to be checked.

 

Andy


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yoru defence is due 4pm TODAY.

 

 

dx


..

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MCOL is only one way of responding to a claim.

.

If you are having problems logging in, or would prefer not to use MCOL,

you can fax, email or post your response to the Court instead.

If you send your response by e mail

please send it to ccbcdefendants@hmcts.gsi.gov.uk and ensure you quote “Claim response” and quote the claim number in the subject field.

.

[becareful there are no spaces in the email ad]

 

 

argh beat me

 

 

why cant you file your defence by MCOL ONLINE?


..

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I don't understand, I phoned the court and they said tomorrow.

 

OK, this is what I am working with, any help at all is really appreciated. Any observations whatsoever.

 

Particulars of Claim

 

1) The Defendant entered into a consumer credit Act 1974 regulated agreement with Capital One under acc. reference ***************

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 **/**/** and notice given to the Defendant.

4) Despite repeated requests for payment, the sum of **** remains due and outstanding.

 

And the Claimant claims

a) The said sum of £4000

b) Interest pusuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing ata a daily rate of £0.831, but limited to one year, being £*00

c) Costs

 

 

The Defendant contends that the particulars of claim are 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 insofar as a contract relationship did once exist in the past with Capital One . However I am unable to recall the precise details of the alleged agreement and any alleged outstanding balance and have therefore sought clarity from the claimant by way a Section 78 request and a CPR 31.14 request.

 

2. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments.

 

3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

 

4. 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;

 

5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.

 

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

 

7. On the alternative, as 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.

 

8. For avoidance of doubt, the respondent is unable to plead effectively, or at all, to the particulars of claim without further clarification or disclosure.

 

9. 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.

 

Maybe I should drop point 8? Thanks.

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yes drop 8!!

 

 

well unless ive lost a toe

33 days from 7th april [whereby that date is ONE in the count] = 9th may


..

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