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    • it is also unlawful to change the ownership of a vehicle [or goods] to avoid enforcement action upon them. and this was done after you had already replied to the council regarding the outstanding ticket(s).   be careful upon pursuing a resolution arguing this point.   you could have quite easily changed ownership to gain a parking permit some months previously when getting the first windscreen ticket.              
    • I would start off by sending the bank an SAR. Which bank is it?
    • I agree with you DX100, but N/W don't want to play ball and send a copy of the agreement after 3 requests.  How will this stand if it goes to Court?
    • Sorry if this is in the wrong section as not sure where exactly its best suited.   So, we got the bank statement the other day & noticed 23 separate Xbox in game credit debits for Fortnite for £7.99 each over a 4 week period.  Now the daughter insists she didn't order anything.  And whilst most will say "of cause she would and just denying it etc" well, I'm not going to say I believe her even though I'm assuming using real cash to buy in game credit comes with a clear notification that your using real money (and stating the amount each time) to buy such in game credit.  And whilst I still need to check the Xbox security settings to see if as I think I did, I did set a security pin for purchases a few things are puzzling me on a legal footing and that mainly what I want to ask about.   As the bank statement indicates the card in question is an old card I had replaced and cancelled a while ago, about the time these transactions started.  When I ordered the new replacement I asked for the previous card to be cancelled.  2 weeks later I had to report the replacement card stolen\lost abroad and ordering another again asking for that card to be cancelled to prevent unauthorized use and money being taken from the bank account.   So, in the first instance I've already contacted the bank to enquire how and why they have allowed payments from an old debit card I had replaced and cancelled?.  They suggest that the card was never cancelled when the replacement was ordered and that the old card would remain valid until the expire date in a couple of years time!!!.  I asked them how on earth this can be the case as the replacement card has a completely different number and ordering the replacement should trigger (as per my request) cancellation and usage of said card.  The bank is suggesting otherwise as because the card was valid when setting up Xbox live that the card can always be used even if replaced regardless of reason it was replaced or if we cancelled the card.  They justified this action by saying the payments are continuous payments (similar to direct debit) and that's why they went through and referred me to Microsoft.   I pushed the issue and said they are not continuous payments but single individual 1 off payments that by nature (in game credit) and the number of payments (23 x £7.99) they could never claim them to have been continuous payments as a pre existing agreement for such payments for the game in question would have to exist and have existed when the card was valid which it doesn't.  And therefore these payments should not have been made because they are neither continuous payments and come from an old debit card that was replaced and cancelled.  The bank sort of agreed that these payments maybe are not continuous payments yet are now unsure where I stand.  So I have been referred to there disputes department.   Feeling I'm going to get the same run around on the rights over taking payments from an old replaced card that was supposed to be cancelled, I'm wanting to know what members think on a legal footing?.  As its like the bank saying I can use the same old & replaced debit card details to order items online because its still in date even if replaced & cancelled which I find highly unlikely!.
    • Update: PE has since sent their defence in the post, quite a few pages, but nothing stands out as unexpected/tricky or beyond some of what I've seen in other standard defenses from them (at least based on a quick glance, going to make time to read it in more detail and prepare a response during xmas hols).
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1972mum

Hoist/Cohen claimform - Barclaycard***Claim Struck Out***

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That was my next question thank you!

 

I was wondering how specific I needed to be when he phoned back.

 

Am I not obliged to tell him what info is missing then?

 

Does the mediator have to decide that mediation is ended or can I?

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Just state to the mediator that you have been sent random pieces of paper..badly photostat ...that have no connection to yourself or the alleged debt or the claim..

 

 

Andy


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That was short and sweet! Told him the paperwork was incomplete - didn't go into details as advised. Mediation ended! Are they on commission by any chance? His manner changed when he ended the call!

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Let it progress to allocation now....see if they are prepared to pay a hearing fee based on the documents they rely on.


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I've had an email from the solicitors.

 

 

says they are willing to accept a payment plan to avoid potential court costs

,and have I looked at the paperwork they sent.

Do I just ignore it?

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IMHO yes

looks like they're itching to settle as they know they don't have anything enforceable


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That's what I thought. Thank you

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Was hoping they'd given up but No!

 

 

received a notice of allocation to small claims track for 9th November.

 

 

It states claimant has until 12 October to pay the trial fee.

 

 

Will I find out if they don't?

If it goes ahead,

what documents are they talking about that I need to send copies off to claimant and court?

Is it the witness statement?

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What a shower! Can you post what they've sent up on here 1972mum? Then Andy, DX and others can check it over and advise you?

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so WS to the court and them by 14 days prior to the hearing date

no harm in preparing the bones of one

then await and see if they pay the fee..

I doubt it mind


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thanks for the advice.

 

What needs to go in the witness statement ??

 

The fact I havent recieved a signed copy of the orginal agreement etc ???

 

Thanks as always for the help and advice

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lots of recent threads in the same forum as your thread are at this stage or beyond it.

use the search cag box of the top red toolbar

 

 

witness statement


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Just an update. Cohens/Hoist had until 4pm on 12th October to pay the court fee.

 

Ive just called the court, and they said it doesn't appear to have been paid.

 

The guy was hard work!

I asked would i get correspondence to say that this was the case and it would be struck out.

 

He said no, even if its struck out i wont be informed and that I should still turn up at the court?

 

Is this normal, as it means that I have to do the witness statement and send it with all my other paperwork!

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as told to you on the 21st....


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Yes, i appreciate that. I was asking if its normal to get notification that a case has been struck out? Sorry for the confusion...

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Seems you are relying on the claimant not to pay the fee in order to avoid submitting your evidence and WS...claimants are allowed a lot of leniency and most pay on account that the court staff fail to check.

 

If you miss your dates for following the directions and submitting your evidence...your defence will be struck out...not the claim.

 

Andy


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I may somewhat naively have been hoping that the fee wouldnt have been paid yes!

Do i get a witness statement from Hoist too? The witness statement that I have found to copy, refers to parts of their witness statement?

Sorry, if asking dumb questions - all a bit new to me this!

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Parties are expected to serve each other copies of their statement and disclosures (as advised within the courts directions on your Notice of Allocation)

 

If either party fail to serve a copy on the other this can be brought to the courts attention and sanctions possibly imposed.

 

Unfortunately DCAs have a habit of serving very late or not at all...it easier to draft a WS in response if you have a copy of the claimants but if not then you are drafting blind simply in support of your defence.


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Well, just received a letter from the court saying it's been struck out due to not being paid! My husband also had a hearing the week after mine and he got a letter last week.

Shocking knowing that so many people must pay these people or go to court when the dca really don't have a leg to stand on.

Up yours Hoist!

Thank you for all the advice. We made a donation to the site last week in thanks for the invaluable information.

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Excellent well done mum.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy


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