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    • I'm afraid I think I would blitz it so as well as emailing the people you have just messaged, I would send messages out to everyone else. Part of the point is to engage in a campaign say that you disturb everyone. As the landlord has given a "care of" address, I think you could reasonably use that the service of proceedings if you need to. However I suggest that you check on the land registry web search and you may get more information. I'm quite sure that your tenancy agreement entitles you to peaceable enjoyment of your property and so from that point of view – yes there's probably breach. Also, do you have gas central heating and is there a gas safety certificate? Is there an electrical safety certificate? Are there smoke alarms? I think you should start going through the Internet and see what are the obligations of a commercial landlord in the circumstances and get a checklist and see what's missing. Now the time to cause trouble. However, don't forget that this will put you in conflict with your landlord and I expect there will be looking to get you out. When you moved in did you take pictures of the condition of the property? I should start taking pictures now – because if you do end up moving out either because he says you notice or else because you simply decide to up sticks, I can imagine that with this kind of attitude they may be some conflict over the condition of the property and therefore some conflict in respect of obtaining the return of your deposit or at least being refunded all of it. I'm afraid that you need to gear up here.
    • 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? 
    • 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.
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Fmcool

Lowell claimform - old HBOS OD Debt***Claim Discontinued***

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get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

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get a CPR 31:14 request running to the solicitors

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don't sign anything

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wont hurt to do the above..

 

 

if the bank don't hold anything

I will guess its statute barred then as that tallies with what you are saying

 

 

this can be addressed in your witness statement.

 

 

get the CCA/CPR running.

I take it since the claimform [ or knowledge of the claim]

you have not asked them to prove their claim under CCA/cpr?


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I will try and send a request for the cca and the CPR.

 

When I received the DCA's letter informing me that a claim had been filed in the county court I had replied them requesting them to send me proof of last payments/contact to the account but not fully worded as the CCA/CPR request samples on the forum

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try = no do it!!

 

 

CCA cannot be ignored its a legal request

at least get that running tomorrow as a matter of priority...


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Am sending the letter off today.

Today also,

I have just received an E-mail for invitation to mediate via telephone service,

 

 

my question is

1. Should I still send the cca off

 

2. On the email I received,

it stated if I can answer yes to all the 3 statements mediation is available.

 

 

One of the statements is

"I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate"

 

 

my answer to this will be no as lowell is yet to send me the proof of last payment since I have asked then 2x over a month ago.

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you answer yes until the actual mediation phonecall

THEN you say NO

 

 

please get your CCA/CPR running

you are losing time.

 

 

dx


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you answer yes until the actual mediation phonecall

THEN you say NO

 

please get your CCA/CPR running

you are losing time.

 

dx

 

 

Am a bit in a panic as I have the telephone mediation tomorrow and don't know if a deal will be reached as the claimant had failed to supply me with the requests I had asked for about 4x now.

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so post 30 tells you what to do nothing to panic about...

 

 

dx


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so post 30 tells you what to do nothing to panic about...

 

 

dx

 

What's post 30 pls, where do I get that?

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you quoted my [last] post [#30] when you posted today with your question!!


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Mediation wont proceed once you inform the mediator you are not in a position or possession of all the documents.....thats assuming you need the documents to mediate and wish to reach a settlement.

 

Andy


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Update!!!

The mediation failed eventually as I was not agreeing to settlement.

 

 

The court then sent a letter of details of the hearing to be end of September.

 

 

2days ago I received a letter from lowell solicitor informing that their client has informed them to discontinue the claim and a copy been served to the court.

 

Oops! What a great relief reading that.

 

 

I cannot thank you guys enough for your support especially your speedy responses,

glad I found this forum.

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hey you won!!

 

 

well done CAG

 

 

dx

 

 

 

 

 

 

 

 

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Good news FM......thread title amended to reflect the outcome.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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