Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Hi BankFodder,        Thank you for your quick reply,  we feel a bit vulnerable living here with our two very little girls,   your reply is very much appreciated.   The Letting agent is Space4Living,  they say they wont do anything about it,   they only say it is a civil matter.   The landlord's name is on the Tenancy Agreement,   with the letting agent as a 'Care of' Address.   I have just sent an email to the local Environmental Health about everything,     and we will see what they say about it all.   Because the landlord seems not to be bothered about it,    if he does nothing or very little about it,    would he be in breach of our tenancy agreement ?   Cheers,    KFC  
    • 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. That contract is highly unlikely (although it cannot be proven as the claimant has not produced it) to give Excel Parking Services the right to assume the rights of the landowner and assign rights to another party.   While both Vehicle Control Services (Company number 02498820) and Excel Parking Services (Company number 02878122) have the same 'controlling minds',  & they are run as completely separate companies and cannot assign rights to one another on a whim and/or without the express permission of the landowner and even then, those rights can only be rightfully assigned by the landowner themselves and as that has not been produced as part of their witness statement one can only draw the conclusion that this is because that right (by way of contract of assignment) does not exist.   Further, while dealing with the so called "contract", it is not valid now and was not valid on the day that the event that brings us here today took place. 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). The car park signs are owned by Excel Parking, see claimants bundle 28, 29, 30 photographs and I have not entered into a contract with VCS. Following receipt of parking charge notices and letter before claim, I wrote to the Claimant stating that the Berkeley Centre pay and display car park is not managed by the Claimant but rather another party and invited the Claimant to drop their claim. Upon receipt of County court claim form Under CPR 31.14 on 14th August 2019 I requested evidence of the Claimant’s contract between VCS and the landowner that assigns the right to enter into contracts with the public and make claims in their own name, and proof of planning permission granted for signage etc under the Town and Country Planning Act 2007.  The Claimant refused to comply with this request and have provided no evidence of their connection to Excel Parking. 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  
    • Latest info      Creditor Claims Of £535,636,017  This is the extent of the damage Wonga has caused... I hope this serves as a lesson to everyone. Please steer clear of PDLs.
    • Bad News - Is about 4%    
    • I hope you've CCA'd every single one of the debt owners before blindly paying up?   or continuning to blindly pay?   dx  
  • Our picks

ctx3030

Arrows/restons claimform - Newday Credit Card

style="text-align:center;"> Please note that this topic has not had any new posts for the last 827 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi im a newbie

 

My husband received court letters today Claimant ARROW GLOBAL LTD .

 

My husband is in ill health and im his carer and this is very worrying.

 

On the court letters paticulars of claim.

 

payment of the overdue balance ***** from the defendant under contract between the defendant and NewDay Ltd dated 2008 and assigned to the claimant on 2016.

 

but can anyone advise on what to do now as he only has 14 days to respond.

 

Is this a sold debt or something is it statue barred.

 

Any help will be appreciated.

Share this post


Link to post
Share on other sites

It'll be a sold debt to Arrow Global who will then give it to Restons/

Please dont worry - Fill out the link DX Gave you and we will then beable to help.


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Share this post


Link to post
Share on other sites

no restons cant take legal action

only the owner of a debt can


..

Share this post


Link to post
Share on other sites

Incidentally, if you send off an acknowledgement of service then you will get an extra 14 days – 28 days in all.

 

If you have a look at the papers you have received, you will see a document which allows you to do this – your knowledge with intention to defend.

 

You should be able to do this online.


Share this post


Link to post
Share on other sites

Thank you for replies

 

 

this all seems realy technical

 

 

im realy confused

 

 

now ive read through diffrent things but not sinking in.

 

 

Do i send the CPR 31.14 request to the solicitors on the form and also i notice it does state on the court forms dated on or about sep 2008 are they not sure of the date on or about does seems they not sure.

 

 

Also if i do court letter online what do i put in defence box please.Thank you

Edited by ctx3030

Share this post


Link to post
Share on other sites

most state that initially and later in proceedings actual date ish! no problem there

 

 

cpr to solicitors no charge Recorded delivery and attach to your copy held


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

Share this post


Link to post
Share on other sites

we'll advise/deal with CCA/CPR and AOS once you've done that

theres no rush on those today.

get that link done please


..

Share this post


Link to post
Share on other sites

Date of issue – . 06/june 2017

 

What is the claim for –

 

 

1.Payment of the Overdue balance due from the defendant under a contract between the Defendant and NewDay Ltd dated 2008 and assigned to the claimant 2016 ARROW GLOBAL

 

What is the value of the claim?£3875

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card

 

When did you enter into the original agreement before or after 2007? 2008

 

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. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? No

 

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

Why did you cease payments? Dont know dont recall

 

What was the date of your last payment? Dont know

 

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

 

Thank you for that help

Share this post


Link to post
Share on other sites

yes really need to answer some of the questions no

or don't know doesn't help us to help you

 

 

esp when you last paid this

have a guess was if after 2010?

is there anything on your credit file please

go look its free

noddle or clear score or equifax.

 

 

and is the ALL in the Particulars of claim box?

is what you have type EXACTLY as they've written it [minus card number?]


..

Share this post


Link to post
Share on other sites

Hi

i have found 4 letters

1 dated 2015 from the CC writing to let me know Newday ltd has assigned all of its respective rights ,title ,and interest to IDEM CAPITAL SECURITIES.

 

Letter 2 from IDEM SERVICING stating they had purchased the debt 2015

 

Letter 3 From Wescot in 2015 informing they are working on behalf of Idem Servicing to contact them for the outstanding balance.

 

Letter 4 in 2015 Idem had instructed Moorcroft Group to collect outstanding balance.

 

Now on the court papers its ARROW GLOBAL LTD realy confused now.

Also i checked 2credit files and there is a default from Arrow Global LTD in 2015

 

The court letters states the claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and NEWDAY LTD dated on or about sep 2008 and assigned to the claimant on 2016.

 

 

Due to my husband in ill health

he's recovering from lung cancer and a whole lot of other medical issues he is on benefits and retired.

 

 

He thinks it was about 5 years ago

but the default on credit file says defaulted 2015.

 

 

Any help will be appreciated please.

 

 

There is also £265 in court fees aswell

Edited by dx100uk

Share this post


Link to post
Share on other sites

ok thank you

don't get confused

its quite simple

 

 

Newday cards - whom I suspect bought this debt from GE money or Santander as I bet is was a store card from years ago?

do you remember or can you find older letters [newday didn't issue their own cards until much later than 2008}

 

 

anyhow.

newday sold the debt to IDEN DCA in 2015,

when they did this they would have defaulted you first

then the credit file owners name [newday] was replaced by IDEM [hence the default is in their name now]

 

 

they got wetcloths

then Moorcrap to chase you

but IDEM remained the owner, - listed as their client if your read the letter, NOT sold again


..

Share this post


Link to post
Share on other sites

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


..

Share this post


Link to post
Share on other sites

Hi thanks for the support on the MCOL Website where it says defend theres a box for me to write why i want to defend what explanation do i put on there .Do i say im waiting for CCA Request and cpr 31:14 or do i leave the box blank please.Thankyou for help

Share this post


Link to post
Share on other sites

you read what I've written:

 

 

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.


..

Share this post


Link to post
Share on other sites

i done all the court papers and sent £1 postal order off to Arrow

 

 

i received 2 letters back today both the same just one of them with the £1 postal order returned .

 

 

This is the letter.

 

We thank you for your letter and acknowledge your request for documentation pursuant to the Consumer Credit Act 1974

 

We do not accept that we are the creditor as envisaged by the above statute.

 

 

However we are willing to assist in obtaining that which has been requested.

 

 

We will now process your request for documentation from creditor and will revert in due course.

 

We confirm that all collection activity will be suspended pending provision of the documents.

 

We return your £1 payment.

 

Have i just got to sit back and wait now thanks

Edited by dx100uk

Share this post


Link to post
Share on other sites

usual response if you go read other arrows claimform threads

just do not miss

your defence filing date no matter what happens

 

 

dx


..

Share this post


Link to post
Share on other sites

Thank you for response

Edited by ctx3030
received reply

Share this post


Link to post
Share on other sites

Hi i only just got new printer today and received this letter last week thanks for looking can someone have a look at this letter please.It wont upload my letters its saying error any reason for this please

Share this post


Link to post
Share on other sites

I cant upload files wont let me but this is letter ive received

 

We note you have recently filed a Defence to the court proceedings issued against youmwhereby you state that we have not complied with your request under CPR 31.14.

 

We would point out that the claim was issued via the County COURT Business Centre which is a procedure specifically provided for in the CPR.

 

This procedure only allows a Claimant to insert brief details of the Claim and does not allow for the attachmement of any enclosures.

 

Paragragh 5.2A of Practice Direction 7E specifically states.

The requirementsin paragraph 7.3 of Practice Direction 16 for Documents to be attached to the paticulars of contract claims does not apply to claims started using an online claim form,unless the paticulars of claim are served separately in accordance with paragraph 5.2 of this practice direction.

We would also remind you that CPR31.14 states

A party may inspect a document mentioned in

 

(a)a statement case

(b)a witness statement

©a witness summary or

(d)an affidavit

Furthermore the other documents you have requested are not mentione in the Particulars of Claim and therefore CPR 31.14(1) does not apply.

We would point outthat the Particulars of Claim contains sufficient informationin order for you to understand what the Claim realtes to namely.

a)the date the account was opened

b)the account number

c)the outstanding balance

d)the name of the original creditor,and

e)the fact that the account has been assigned to the Claimant and when it was assigned.

 

It is our understanding that a Default Notice was served prior to the account being assigned to the Claimant.In any event,the Claimant has a contaraual right to terminate the Credit Agreement by serving a termination notice.Therefore any argument about non service of a valid Default Notice will not assist you defending these proceedings.

 

For the avoidance of doubt and for the reasons set our above we will not be formally responding to your request.

In any event we are aware that you made a request pursuant to s77/78 of the Consumer Credit Act 1974 and we can confirm that your account is currently on hold pending that request.Once this has been complied with we will contact you further.

Thank you for your patience in the matter

 

What does all this mean can any one tell me thanks

 

Sorry did not realise but ive typed the letter abbove thanks

Share this post


Link to post
Share on other sites

what does you mean wont let you?

how far down the instructions do you get.

go advanced

manage attachment

select file

?

I gather this is a letter from restons?

 

you have filed a defence it was haven't you

this was due LAST FRIDAY.

 

dx


..

Share this post


Link to post
Share on other sites

yes letter from restons i couldnt upload the letter i scanned it and said error when i tried to upload it but its a new computer and will have to sort it out i just got it today thanks

Share this post


Link to post
Share on other sites

you have filed a defence ???

IT WAS DUE LAST FRIDAY!!

 

 

re post 17


..

Share this post


Link to post
Share on other sites

Yes i filed defence and received a reply from courts to acknowledge receipt of defence.This was dated 16th June and they gave 28 days to them and said they will inform me what will happen thanks and the above letter was from Reston

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...