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    • Sorry dx100uk   I have uploaded via the site now, I had trouble uploading it to the site before
    • Well I really don't know where to begin with this. I've spent hours trying to figure out what to put but it seems that every witness statement is different depending on the exact circumstances. I know that I shouldn't put all my cards on the table but I don't know which ones to hold back and which ones to get rid of altogether.   This is what I have so far...   I, XXX of XXX am the Defendant in this case. I make this statement in support of my defence again the Claimant, Civil Enforcement Ltd.   1.       CEL make it impossible for defendants to discuss PCNs with them or their representatives:              A.       On the 26th Nov 2018 I received an unexpected PCN from CEL. I immediately went onto their “Contact Us” page, which stated that operators are available to speak to during normal working hours (see appendix 1 - THIS IS JUST A COPY OF THEIR CONTACT US PAGE). I tried calling numerous times to discuss the matter but regardless of what time of day I called there was no option to speak to an operator, only an automated system to pay.              B.       When I received a debt collection notice from ZZPS (see appendix 2 - COPY OF LETTER) the letter instructed me to call them on 01932918916.                      14th Mar 2019 - I tried calling several times and have a call recording I can play for the court to show that it was impossible to speak to anyone. Instead I was played the following automated message: “The party’s call minder belonging to 01473478289 is full and can’t accept any more messages. Please try again later. Goodbye.” The call then hangs up.                     19th Mar 2019 - I tried again at several times throughout the day and this time a message played thanking me for calling ZZPS and asked me to hold. It then rang for 2 minutes before repeating the same message. This happened over and over again. I have two recording that I can play for the court showing this to be true, one that lasted 9 minutes and the other for 10 minutes before each time giving up.            It appears that there is some unreliable call routing in place meaning that I had no way of contacting CEL or ZZPS as they both advise.   2.       CEL failed to produce any of the documentation I requested in writing, which obstructed me from making a decision on how to proceed with this case:             A.       On the 3rd Dec 2018 I completed CEL’s online Appeals Form (see appendix 3 for a saved copy of the submitted form - ATTACHED TO THIS POST). CEL responded (see appendix 4) but failed to answer any question, stating that GDPR prevented them from doing so.             B.       On the 14th Aug 2019 I sent them a CPR 31.14 Request letter (see appendix 5). CEL did not respond.   3.       According to Schedule 3, Part 1, Class 13 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007, only signage older than 10 years is deemed as having consent granted.   CEL has changed its signage 3 times within the last 10 years, which can be clearly seen from Google Street mapping images:            A.       2018 – Present: Signage stating 1hr free parking (appendix 6a)            B.       2012 – 2017: Signage stating 3hr free parking (appendix 6b)            C.       2008 – 2012: Signage stating 2hr free parking (appendix 6c)   CEL’s current signage was installed at some point during 2018 but according to Stockport Council’s online planning applications search system no planning permission was granted. I believe the signage has therefore been erected illegally, which makes it impossible to enter into a contract with them.   4.       CEL has also added legal costs to their claim, which is not recoverable within the Small Claims Court.   I believe that the following facts stated in this Witness Statement are true.   Have I made a complete balls-up of this or am I going in the right direction? I thought it might work in my favour if I try to show the judge that I made every reasonable effort to resolve this without going to court but CEL purposely make appeals as difficult as possible. Perhaps none of that matters. Not sure. 🤔 Appeal Text.pdf
    • images/posts removed . please do not post jpg picture images directly to a post . read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only . that way only logged-in,registered and approved caggers are the only ones that can download and see them . else anyone can see them caggers or not. dx     dx    
    • This will be ok for you to offer the final 1 month's fee you should have paid :-   Dear Harlands,   I refer to my membership at [town/city] gym.   The DD mandate was cancelled after the June 2019 payment was made and this was notice of my intent to cancel the gym membership.   I now realise I should have left the DD Mandate open to pay a final month's fee for the notice period.   Please confirm your bank payment details and a reference so I can pay you the £xx.xx to end this matter. I will not pay any admin fees added by Harlands. I will only deal with this matter in writing, not by phone.   My offer is valid for 14 days only and will be withdrawn if you demand any higher amount.   Yours sincerely,
    • seems like your payment issue is not just your error      
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dcb1965

Can Elderbridge use an SPO granted to Firstplus in June 2008 to now evict us in 2017??

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They want to Evict me,can you help.

 

Can someone please advise what I can do to stop Elderbridge (company that purchased from Barclays, all Firstplus accounts) evicting me from my house,

 

I have received a letter today from Elderbridge stating that they are instructing their solicitors (Eversheds) to ask the court to set a date for Elderbridge to take possession of my property.

 

What I want to know is if they can do this as the original repossession order was granted to Firstplus who have gone bust (and then taken on by Barclays as they were the bank that set up Firstplus)

 

 

Last year Barclays sold my outstanding account to Elderbridge,

does that mean that they automaticity have the right to use the suspended repossession order to start eviction process?

 

If yes how do I contact the courts to stop this eviction and make payments to this new company Elderbridge.

 

Account Balance £64,809.59

 

Arrears Balance £64,722.09

 

how can Firstplus, Barclays have let my arrears get so high and charge me 7.8% intrest,

I have asked all of the above to stop charging interest but have all refused.

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yes..they can BUT its say INSTRUCTED not WILL!!

 

 

I can instruct my dog to sit

if it does is another matter!

 

 

why are you £64k in arrears!!

 

 

tell us the history please


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This will be more info than you have asked for but gives full story

 

Reason for the arrears:

 

 

 

  1. loan taken out Jan 2006
  2. wife left mid 2006, arrears started build up from Aug 2006
  3. left with son at school and daughter at collage
  4. lost job May 2007
  5. Claimed 6 month PPI, until got a low paying job
  6. managed for a while could not manage after 1st year
  7. arrears quickly built up to £10800 by 13 may 2008
  8. First-plus took me to court got repossession order that was suspended in June 2008
  9. agreed to pay additional + main payment
  10. I continued paying until I lost my job December 2008
  11. waited for the repossession order to be used never used
  12. Had some one interested in buying my house in February 2009
  13. called first-plus to ask for a settlement figure and was told that they would not agree to the sale as I was in negative equity and would not pay the loan off
  14. I then decided that if first-plus would not let me sell it I would not pay loan and force them to use the suspended repossession order, but they never used it and that is how the arrears have built up since 2009
  15. I did have a an offer for someone to buy my house in 2016 and once again went to Barclays (as by then first-plus gone) and solicitor for purchaser told him to pull out as Barclays stated that not only was the principle amount due but also £54,000 of arrears and advised that would leave me in negative equity and could not buy.
  16. Since then I have just waited for Elderbrige to get in touch so I could have my day in court and tell a judge what has happened and ask if it is legal for them to allow my arrears to become more than my principle loan amount (pig headed)

 

 

So I know face the fact that I will have to pay the outstanding amount and agree to a monthly charge of some £900.00 to stop the eviction, I was just hoping that Elderbridge had to go back to court to get another repossession order, if not I will not have my day in court and will have to start making the payments until I pop off this mortal coil

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no that's brill.

don't take my word for things though!

 

 

have you checked they are now listed on LR?

 

 

dx


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not sure what you mean by LR, i assume it is a regester of some sort.

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yep land registry

if the charge is not in their name

stuff all they can do IMHO

what debt m'lud??


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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