Jump to content


  • Tweets

  • Posts

    • I see they're trying to round up asylum seekers and lock them up for about three months so they can be put on planes to Rwanda. I'm a bit surprised that this is legal.  
    • thought for the day "Prime ministers need a big strategy that tells you where you’re going, you need a bunch of tactics that get you there, and you need the ability to take everybody else with you."   Now I know you are all thinking 'why is the  UKs destination Rwanda ???
    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
    • Right that's exactly why so many drivers got caught, it had been that way for many years then suddenly changes with no warning
    • The hearing is 25th June, I have downloaded items to different organisations previously but they do it a simple way and I just cross out private things with a felt tip and sent to an email address.  I have looked at the instructions for CAG it seems extremely complicated especially this about having to use a system MSPAINT.EXE that removes your personal information. I am hoping one of my Grandchildren understands things to give me help, I have shown one of my daughters she said she does not understand the instructions. I have a PC and I mainly use a lap top, as previously advised I only understand the straightforward things, sending an email and using my scanner to send a document that I save in a file or send it to an email. I will try and find someone to help me, thanks for your help you have given me so far appreciate it        
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

2*CEL PCNs - Royal Oldham Hospital - now Emails from ZZPS


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2363 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Oh I agree, as long as everyone is equally accountable to law and doesn't rely on the fact they aren't to completely ruin my life up for a few extra quid.

 

However, here I am, and I don't seem to be going further towards a position of safety because financial interests other/bigger than mine dictate that I don't and the people responsible for implementing law (or basic commonly decency) to protect little man cant be bothered So yes, you and I are morally right, but what do I do now?

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

Peachy - balance written off, default removed

Link to post
Share on other sites

  • Replies 88
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

nothing for you to do.

 

ignore until/unless you get a letter of claim or a claimform.

 

CEL are easily defeated if you do.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Ok, thanks dx. And sorry. My frustration wasn't aimed at you.

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

Peachy - balance written off, default removed

Link to post
Share on other sites

just typing on a screen doesn't bother me

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Well that's rare enough these days :cool:

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

Peachy - balance written off, default removed

Link to post
Share on other sites

still another threatogram,

CEL are crooks and will make up any amount to get past the £600 mark so they can get a bailiff to enforce if they win by a walkover.

However, they always lose at court on these issues because their costs are just made up and easily challenged

so the worst that you will get is to be told to pay the original £100 for each event.

 

The whole point of sending you this letter is to make to wet yourself and pay up without asking why it has gone up to £600

 

Note that their solicitor, Paul Rice is also a solicitor at Wright Hassall, that well known company of rated only slightly more competent that Gladstones.

Perhaps CEL are too toxic for his employers so he is moonlighting on this one.

 

Another director not listed on the SRA roll at this co is Ian Besant of Right hassle as well.

 

Tine to send a denial letter,

I would start off by being rude to them about their associations with Wright Hassal

 

so address it to Paul Rice (named sol) and say,

 

Dear Paul and Ian,

I note that you have taken a few days off from your day job at Right Hassle so you can send out threatograms on behalf of a company that even they wouldnt associate themselves with.

 

Could you please inform me as to whether this letter meets the requirements of the new Civil Procedure Regulations for a letter before claim

and also explain what exactly the claim is for, namely monies due under a contractual obligation of for a breach of contract.

Likewise can you supply evidence that I, as the keeper of the vehicle have any liability for this supposed debt.

 

After you have done that I am sure you can magic up the missing permissions and authorities to occuply the land in question because neither the landowner or the council seem to be able to help them out in this matter.

 

When you have sought all of that for your client ask them why the amount claimed has gone up from £200 to £600 and how that fits with any contracual obligation, credit agreement or CPR for additional costs as I am again stumped as to how they arrive at this figure other than just making it up as they go along.

 

Now, you have an obligation as part of your enrolment to the SRA to act honestly so you have a duty to the courts as well as your rapacious clients and can you honestly say that you have shown due diligence in this manner.

 

As you may have gathered any debt to your client is vigourously denied and will be resisted in court and a full costs recovery order sought as their actions are manifestly unreasonable.

 

As your client has not created a keeper liability under the POFA i am minded to sue them for breach of the DPA for telling lies to obtain my keeper details. let them know this, VCS v Philip (Liverpool CC 2016) is the persuasive case for setting damages.

 

Forgot to mention CE Ltd/ZZPS have now passed this to their solicitors, QDR, who want £618 off me.
Link to post
Share on other sites

thanks ericsbrother - they haven't written to me yet, but I think I'll enjoy replying to them when they do... :wink:

 

meanwhile it also looks as if my MP is going to intervene.

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

Peachy - balance written off, default removed

Link to post
Share on other sites

then let him know that the hosptal trust is employing the only parking co to be dragged before the criminal courts by Trading Standards and that their track record of inflating their claims to ridiculous sums that have no legal basis is well reported.

 

Also let him know that Ashley Cohen, the real controlling interest in CEL is in breach of Companies House rules on listing those with a controlling interest in a company and that there has also been investigation into CEL and Ashley Cohen for forgery of a solicitors signature and using someone who is not on the SRA roll as their mouthpiece claiming they are a solicitor on their paperwork.

 

You could add a note at the bottom of the letter you send to the new solicitors that they should be careful as Ashley Cohen has a habit of forging solicitors signatures (amongst others, he also signed claims as the managing director of the Co-Operative society) and they may well find their monikers on all sorts of dodgy paperwork in the near furure.

 

All of this can then be used against them in a claim to show unreasonable behaviour

 

my betting is that the matter will get dropped when they realise you arent going to pay.

 

In many cases this was on the day of a case management meeting at court so they could be directed to either put up or shut up. they didnt attend.

Link to post
Share on other sites

  • 2 weeks later...

Meanwhile, an amusing little note from QDR, signed by Tim Hawker, Head of "Debt" Recovery Operations:

 

"Car Parking Operator: Civil Enforcement Ltd

Instructed by: ZZPS Limited

 

Thank you for your recent contact. We have updated your address on our records.

 

The parking charge notice was issued at The Royal Oldham Hospital on 15th April 2017 as ‘Payment Not Made In Accordance With Terms Displayed On Signage’

 

Please note on entering a car park and parking your vehicle, you enter into a contract with the Car Park Operator (CPO). The signage sets out the conditions under which a motorist is authorised to park, be that by payment of the appropriate paid parking tariff or by parking within a limited stay period or similar, and that a Parking Charge Notice (PCN) will be payable, if the conditions are not met. As the vehicle was parked in breach of the terms and conditions, the CPO was at liberty to issue a PCN.

 

Should payment in full not be received our client may review this for further legal action."

 

[yawn]

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

Peachy - balance written off, default removed

Link to post
Share on other sites

me thinks mr hawker is in someones pocket or could it just be..its the ZZPS robot pretending to be someone else...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

me thinks mr hawker is in someones pocket or could it just be..its the ZZPS robot pretending to be someone else...

 

https://uk.linkedin.com/in/timjhawker

 

Hmm...

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

Peachy - balance written off, default removed

Link to post
Share on other sites

ah the old wright Hassall third person letter

totally safe to ignore as only the PPC can issue any claim anyhow.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

...and a reply from the council:

 

"With regards to your question about finding more detailed information on applications,

you may use link I provided previously to the Council’s website to search for applications.

 

However, if you are looking for more historical records,

you may carry out a local search on the area you are interested in to reveal all the relevant planning history. https://www.oldham.gov.uk/info/200203/commercial_property/355/search_local_land_charges

 

I must make you aware that an advertisement application does not have to be submitted by the “advertiser” themselves,

similarly a planning application does not have to be submitted by the owner of the land/premises for an application to considered.

If the parking enforcement company has changed over the years, details on existing signage can be changed without requiring advertisement consent.

 

In light of the above, and the advice previously given about deemed/express consent, no further action can be taken and this matter will now be closed."

247 Moneybox - balance written off, default removed

Cash Genie - bogus default removed

Peachy - interest refunded, default removed

1 Month Loan - interest refunded, data removed

Peachy - balance written off, default removed

Link to post
Share on other sites

a third party cannot instruct them and they know it or they are just crap solicitors.

 

This means they are stretching credibility to beyond its elastic limits here.

 

However, it is just another threatogram so can be added to the pile.

 

Meanwhile, an amusing little note from QDR, signed by Tim Hawker, Head of "Debt" Recovery Operations:

 

"Car Parking Operator: Civil Enforcement Ltd

Instructed by: ZZPS Limited

 

Thank you for your recent contact. We have updated your address on our records.

 

The parking charge notice was issued at The Royal Oldham Hospital on 15th April 2017 as ‘Payment Not Made In Accordance With Terms Displayed On Signage’

 

Please note on entering a car park and parking your vehicle, you enter into a contract with the Car Park Operator (CPO). The signage sets out the conditions under which a motorist is authorised to park, be that by payment of the appropriate paid parking tariff or by parking within a limited stay period or similar, and that a Parking Charge Notice (PCN) will be payable, if the conditions are not met. As the vehicle was parked in breach of the terms and conditions, the CPO was at liberty to issue a PCN.

 

Should payment in full not be received our client may review this for further legal action."

 

[yawn]

 

so yet again the council are telling you they cant be arsed to even look into things,

well there is no point as far as they are concerned because they cant fine the company so no incentive for the minion writing this letter to even wake his boss up.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...