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    • see***   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all leave jurisdiction unticked -  *** for the minute hang fire on doing AOS on MCOL until andyorch advises if/if not you question jurisdiction please   you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. ..  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/   CHANGE the list of documents too: Original signed finance agreement together with the terms and conditions IN ENGLISH Any notice of change in account terms and conditions that were ever issued since credit approval Any notice of default or UAE equivalent that was issued by the original creditor All and every statement of the account including how any interest has been calculated. Proof that UAE Court Judgement has already been gained upon said debt. Proof the UK Pre Action Protocol allows a UK Solicitor to issue a Letter Of Claim and /or issue court proceedings concerning a UAE debt. The UAE is not a 'member state' . . . type your name ONLY*** no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]      
    • thanks. but, where shall i get a copy of this agreement/ guarantee. who shall i contact the claimant.
    • yes, sorry meant witness statement   will post up soon
    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - AOS  XX + 19 = 08 Dec file defence date  - 08 Dec + 14 days = 20 Dec 19      Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   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 April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   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. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK.   Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum.   I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford.   In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment.   So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment?Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
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cyfash

PCM/Glandstones - Backdoor PCN CCJ

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Please can anybody advise how i can start a CCJ thread? i really need help but not sure how to post my story on here

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i recently found out via a credit check that a CCJ was registered against me on the 17th of march this year .

I moved out of the property couple of months before this time and i have also been away from the country from the 16th of May 2017 till August 5th 2017.

i didn't have access to any of the post in the house so was unable to find out before traveling.

I was also away in February for 3 weeks .

 

I agree with the amount and i am contemplating making the payment once i found out

however i wanted to be sure the claimant solicitors would be willing to agree to a consent signaturelink3.gif for me before i make the payment.

 

I didn't want paying the amount to affect any chances of the set aside application.

I tried sending them an email to reach an agreement

 

however They didn't respond to the email i sent to them about this and they told me they had passed the debt over to a company .

They told me they are not willing to reply to any correspondence because it has been passed to the debt company and probably want it paid before they even give me any advice.

 

I advised that i will be applying for a set aside and the person i spoke to said they will pick up on the correspondence once they get the application on their table .

 

I have tenancy agreement showing i moved from the property although i havent changed my Car log book registered address,

I was also away for few weeks in February and got back around the 10th of march shortly before this judgment was served.

 

If it is helpful

- I also had a serious court case with the crown court around this march which got me slightly depressed around this time although it was sorted out at the end.

 

Please i am worried as i do not know what to do..

Should i pay the debt and hope the Claimant can agree to help me send a set aside application based on consent

or should i just apply for the set aside application

- If so do i have a chance?

 

This is a sad situation because the CCJ is as a result of a parking fine and it is just 250£.

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you cant get a CCJ for a parking fine

they are given out by magistrates court

not the county court that issues CCJ's

 

so can I guess this was a private parking ticket ..NOT A FINE who was the claimant please?


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I've asked your post be moved to somewhere that will hopefully help you.


Please consider making a small donation to help keep this site running

 

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start a new thread

hopefully you'll tell us everything upfront rather than like pulling teeth and making us look fools for guessing the correct advise to give

 

 

dx

 

loL...Thank you sir!

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I've asked your post be moved to somewhere that will hopefully help you.

 

Thank you very much

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Yes you are right- It is a private parking ticket and the claimant solcitor is called Gladstone solicitors . I believe they are acting on behalf of parking eye

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popped you in the private parking forum

loads here to help you.

 

 

can we just resit things for a while and get the background so we know what were fighting against please....

can you complete this:

http://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

 

 

so it looks like you created this issue by not immediately updating DVLA upon a V5C change of address?

 

 

hope you have now...


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Gladstones dont work for PE, so look again at the claim and any paperwork you have.

If you have a PE ticket that will be a different matter so you may be in for another claim.

 

If a notice was issued to an address that was current at the time then they will continue to write to that address as they are obliged to, even if you notify the DVLA you have moved in good time.

 

It is a quirk of law that the govt is going to change as the parking cos issue about a million and a half claims a year and many of them are an abuse of process

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You are right Dx the problem arose from me not updating my DVLA address on time. The Claimant are not PARKING EYE .

 

I Have just found out that THE CLAIMANT IS - PARKING CONTROL MANAGEMENT and Gladstones Solicitors are acting on their behalf

 

Date of Claim form ISSUE- 10/02/2017

 

CCJ ENTERED IN ABSENCE - 17/03/2017

 

Amount - £251

 

Date i found out about CCJ - 07/08/2017

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have you got a copy of the claimform and the CCJ?

if not go ring northants bulk with the CCJ number and ask them to fwd them by email PDF.

 

 

stay off the phone now too!

you should never ever be talking to the claimant or their sols ever!!


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you can start the set aside on the grounds suggested anytime but I would suggest that you find out what the original event was as requested so you have somehting to put in front of the judge to show that there is a realistic possibility that you will defeat the claim when it is heard.

 

PCM are IPC so the original NTK will be defective,

their sigange is probaly rubbish

 

 

and they are unlikely to have the correct contractual permissions to start a fight in the first place

but as you werent there to say this they won by defaut.

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if it helps , the original ntk for the parking was on 02/10/2016 . please do i need a solicitor to complete the N244 form?

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if it helps , the original ntk for the parking was on 02/10/2016 . please do i need a solicitor to complete the N244 form?

 

No, people here can help you with that.

 

HB


Illegitimi non carborundum

 

 

 

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Okay i will go and download the form now , please from my case do i have enough strong points for the judge to consider? and how worse off can i be with the application?

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We do not have enough info from you to make a definite decision about the outcome in Court.

 

However as Ericsbrother said the NTK is probably defective which means it should be thrown out of Court but we would need to see it

-do you have a copy of it?

 

In addition their signage and their claim .will likely be poor too so the omens are good for you.

 

BTW if you were to pay the amount that would not cancel the CCJ that would still show on your Credit rating for 6 years.

The setaside is the only way to remove the CCJ.

 

You said in an earlier post that you agreed with the amount you owe???

Hopefully, if you want to win your case that figure will be over £150.

If that is the case why would you think that was merited for infringing some stupid regulation on a parking site issued by a tuppeny ha'penny bunch of cowboys.

 

If you have the NTK could you please post it on here so we can see it as well as any other correspondence you have received from them, taking care to remove any details that would identify you. That will give us a good idea of your chances .

 

Also could you please take photos of the notices in the car park to see what they are like. Of course they may have changed since last year

 

The cost of the set aside is £255 which can be reduced if you are on benefits.

If you lose your claim against the parking company you will lose that money plus the CCJ will be reinstated.

 

if you win the CCJ will be wiped off your record and the parking company should have to repay the £255 plus other costs.

Especially if by having that CCJ has cost you losing a mortgage or having a finance deal refused for example.

 

PS do you have a break down of the cost of the CCJ if not could you please say what the total cost was.

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we need some information rergarding the original event to be able to guide you on how much to put in a N244 form..

 

The original claim may well be procedurally correct if they only had one address as they are obliged to use it for service of legal documents.

 

The fact they have abused this once they knew you had moved is by the by as the law currently stands so although you can get the set aside for not receiving their papers you will still need to show that you have a reasonable chance of success in batting the claim away and that means

 

 

we need to see the paperwork (inc NTK and claim form),

pictures of the site from the public highway,

pictures of any signs at the site etc

and an indication of where your vehicle was,

the time of day so lighting is important as well.

Edited by honeybee13
Paras.

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