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    • I would be inclined to rip their WS apart. That way, I doubt that VCS would wish to proceed to Court.  In paragraph 5 VCS claim they have full compliance with their Code of Practice for Private Enforcement and Private Land. Really? Can this be the same VCS that was issuing PCNs between 2013 and 2017 knowing that the signage there had not been agreed by Liverpool council and therefore the signage was illegal. Here is an open letter from the Parking Prank   Tuesday, 19 November 2013 An open letter to Simon Renshaw Smith of VCS parking regarding Liverpool John Lennon Airport   19/11/2013 Dear Mr Renshaw Smith,   I wish to draw your attention to the procedural impropriety in your operational activities on the approach roads within Liverpool John Lennon Airport.   You are actively operating under contract to issue civil penalty tickets (PCN’s) for traffic offences on the roads such as stopping at the roadside, whether for seconds, minutes or even longer, or for parking on the roadside verges.   You are doing so based on an allegation of contractual agreement for a breach of parking conditions and are actively sending out a notice to keeper in each case where you ask for the name and address of the driver. You are doing this under the provisions of the Protection of Freedoms Act 2012.   As you are no doubt aware, due to your many years of experience in emptying people’s wallets, where land is governed by byelaws the remedy for any breach of conditions of those byelaws is through the criminal courts, such as a magistrates.   Not only that, since the byelaws set an amount of penalty for failure to comply with them; a further amount based on your own assessment is unlawful at best and perhaps even fraudulent.   A set of the byelaws for the Liverpool Airport have now been obtained from a reliable source, Liverpool City Council,  which sets out the airport’s stance on roadway use, or misuse. It also lays down a penalty upon summary conviction for a breach of the byelaws of £5 for the 1st offence and a further amount of 40 shillings for a continued daily breach.   I put it to you that these byelaws govern the airport’s penalty regime for the alleged contraventions you are enforcing. In fact there is no penalty for stopping at the roadside. There is no offence committed so there can be no penalty unless it can be proven in a magistrate’s court that this action amounted to a failure under para 14: “Driving or placing a vehicle carelessly or dangerously or without due consideration for persons using the airport”   Para 18 gives notice that a “failure by the driver of a vehicle to comply with any direction for the regulation of traffic given by a constable or any person acting on behalf of the council or a traffic sign” will be subject to the penalty regime of the aforementioned £5 plus 40 shillings per day afterwards.   The mention of the traffic signs and the council's part in the overall monitoring means that the signs must be compliant to the TSRGD which are those shown for the public highways; not the ones arbitrarily stuck at the roadside by yourself which are meaningless in the context of the legal status of the byelaws.   Furthermore, POFA 2012 3(1)(c) states that Schedule 4 only applies on land on which the parking of a vehicle is not subject to a statutory control. It further states (3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.   The byelaws state at para 2.19 that the following act is prohibited. The penalty for this is a fine not exceeding five pounds.   POFA 2012 therefore does not apply, and you may therefore only pursue the driver and not the registered keeper. Moreover, you may only pursue them for the sum of five pounds.   Knowingly pursuing the registered keeper when POFA 2012 is an offence which the DVLA take extremely seriously and may ban you from access. The BPA wrote to you in their electronic newsletter this month reiterating this.   I put it to you, Mr Renshaw Smith, that your company is operating unlawfully at the Liverpool Airport site and ask what you intend to do since this has now been brought to your notice.   May I remind you that since this is an unlawful operation, you may well be required at some later time to recompense the amounts of the PCN’s already paid by drivers, and perhaps face tough questions in a court of law, not just a civil court.           Happy Stopping Briefly At the Roadside   The Parking Prankster   The Prankster would like to thank his source for the above   I am sure that you will find other examples of VCS not complying with Code of Conduct or the Law.   And of course VCS do not have the ability to take you to Court because you were a trespasser and only the land owner can take a trespasser to Court.          
    • Yes ...you have it confirmed by the court above that they requested a copy of the Order/Consent on the 2/08/2019....and then requested judgment on 21/08/2019 .
    • blimey J&P   I wonder how many more solicitor firms UAE creditors will try and use as a cheaper alternative to IRDWW and their cohorts that appear to have cost them £1000's in fees for nothing in return.   if this is not a letter of claim  pers i'd ignore them unless you have previous UK addresses since coming to the UK?
    • Thats the idea.....any further flaws with the reconstituted agreement ? They will be able to rely on a recon given that the agreement is post April 2007 but it must be accurate and a true copy of the agreement used from that date.   Andy
    • We dont recommend any Solicitors on this forum....but you will get free advice from others in similar positions.   Welcome to CAG   Andy
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Finargh

MMF/Moriarty Claimform - Peachy PDL debt***Claim Dismissed***

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Letter from Moriarty saying they have received copy of defence from court and will proceed

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ofcourse they will...


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I've received Notice of Proposed Allocation to the Small Claims Track

 

I must file N180

 

That's all I need to do and then just wait for next stage? (I'm paranoid remember!)

 

Thanks

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Correct.....

 

Yes to Small claims Track.

Yes to mediation.

State your local county court.

! witness ...yourself.

 

The rest is self explanatory......3 copies.....court ...claimants sols...file.

 

 

Andy


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Thanks

 

I have sent a copy to the solicitor and court recorded delivery

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Received email regarding mediation, they will phone me within the next eight days to confirm an appointment date apparently

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Just to confirm, if sol hasn't complied with my request by the time of the appointment telephone call do I say I can't continue with it or do I book an actual mediation date because they might comply in the meantime and then at mediation appointment itself say I can't proceed because of non-compliance?

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State that the claimant has still to provide all the necessary documents for you to be able to consider mediation


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Ok thanks again Andy, I'll tell them that when they initially call

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Mediation people made contact and I informed them I couldn't consider mediation due to claimant's failure

 

They will update the court and suggested I contact the claimant to state what they have failed to do - is that something I should do?

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nope


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Hi guys I've waited as long I can as per your advice before filing the Witness Statement, which needs to be sent by the end of this week, but they still haven't sent me theirs. If I post it up will you lovely people be able to tell me if I've embarrassed myself :D

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My witness statement:

 

I XXX, being the Defendant in this case state as follows;

 

I make this Witness Statement in support of my defence dated XXX 2017 and in response to the claimant’s claim dated XXX 2017 which was submitted through County Court Business Centre.

 

1. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought en masse as portfolios at a much reduced cost to the amount claimed ...10p to 15p in the pound and which are already written off as capital loss and claimed against taxable income by the original creditors. The claimant then issues claims en masse with little or no evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged debt to maximise profit.

 

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

3. Background

 

Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and CASH ON GO LIMITED TRADING AS PEACHY. On receipt of this claim I could not recall the precise details of any agreement or any debt, numerous years having passed since the alleged agreement date, and therefore reasonably sought clarity and information from the claimant.

 

I formally requested via CPR 31.14 and s.77 CCA 1974:

 

A copy of the original agreement;

A statement of account;

A copy of the terms and conditions as applicable at the time of the agreement;

A copy of any Default Notice/ termination notice;

A copy of any legal deed/notice of assignment showing the claimant’s legal right to take action

 

Having made a claim the above data should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion.

 

4. Disclosures

 

The claimant has supplied some documentation but has failed to comply fully with my formal requests.

The claimant has failed to provide:

 

A statement of the account showing completely and exactly how the amount claimed for has been reached

A copy of a default notice/termination notice

A copy of a legal deed/notice of assignment showing the claimant’s legal right to take action

 

I received some incomplete financial data directly from the claimant and some further incomplete financial data from the claimant’s solicitor. Neither of which contained figures that in any way match the sum specified in the particulars of claim.

 

I also received a document purporting to be a ‘notice of assignment of debt’ however it is highly inconsistent in that it is not on headed notepaper, it is unsigned, it contains no formal company information e.g. company number and tax details and is not in the format of other letters that have been sent by the claimant. In fact it could have easily been produced the day before it was sent to me.

 

Furthermore it is dated 09/01/2014 (a date format not used on other correspondence from the claimant) and this DIRECTLY contradicts the statement made in the particulars of claim, that notice was given on 07/01/2014.

 

5. Conclusion

 

The claimant has failed to comply with my formal requests, is in default and therefore I must assume that this is due to the claimant not having any of the above mentioned legally required documentation and has merely issued a speculative claim in the hope of obtaining an undefended default judgment, as it has a history of doing.

 

Statement of Truth

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My witness statement:

 

 

 

I XXX, being the Defendant in this case state as follows;

 

I make this Witness Statement in support of my defence dated XXX 2017 and in response to the claimant’s claim dated XXX 2017 which was submitted through County Court Business Centre.

 

1. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought en masse as portfolios at a much reduced cost to the amount claimed ...10p to 15p in the pound and which are already written off as capital loss and claimed against taxable income by the original creditors. The claimant then issues claims en masse with little or no evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged debt to maximise profit.

 

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

3. Background

 

Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and CASH ON GO LIMITED TRADING AS PEACHY. On receipt of this claim I could not recall the precise details of any agreement or any debt, numerous years having passed since the alleged agreement date, and therefore reasonably sought clarity and information from the claimant.

 

I formally requested via CPR 31.14 and s.77 CCA 1974:

 

A copy of the original agreement;

A statement of account;

A copy of the terms and conditions as applicable at the time of the agreement;

A copy of any Default Notice/ termination notice;

A copy of any legal deed/notice of assignment showing the claimant’s legal right to take action

 

Having made a claim the above data should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion.

 

4. Disclosures

 

 

The claimant has supplied some documentation but has failed to comply fully with my formal requests.

 

The claimant has failed to provide:

 

A statement of the account showing completely and exactly how the amount claimed for has been reached

A copy of the default notice/termination notice

A copy of a legal deed/notice of assignment showing the claimant’s legal right to take action

 

I have received some incomplete financial data directly from the claimant and some further incomplete financial data from the claimant’s solicitor. Neither of which contained figures that in any way match the sum specified in the particulars of claim.

 

I have also received a document purporting to be a ‘notice of assignment of debt’ however it is highly inconsistent in that it is not on headed notepaper, it is unsigned, it contains no formal company information e.g. company number and tax details and is not in the format of other letters that have been sent by the claimant. In fact it could have easily been produced the day before it was sent to me.

 

Furthermore it is dated 09/01/2014 (a date format not used on other correspondence from the claimant) and this DIRECTLY contradicts the statement made in the particulars of claim, that notice was given on 07/01/2014.

 

5. Conclusion

 

The claimant has failed to comply with my formal requests, is in default and therefore I must assume that this is due to the claimant not having any of the above mentioned legally required documentation and has merely issued a speculative claim in the hope of obtaining an undefended default judgment, as it has a history of doing.

 

 

 

Statement of Truth

 

 

Okay...I would remove the points marked blue, you must appreciate that the claimant is not compelled to disclose anything pre hearing and so when it gets to the appropriate stage of disclosure (which is next along with their witness statement) and they do disclose all necessary documents...your statement above will be weakened as that is all you are relying on.....but we shall see.

 

 

 

Andy


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Thanks Andy I'll remove those three things.

 

Do you think I've emphasised their failure to provide stuff too much then? Do you think the date being wrong on the NOA will matter?

 

Should I have done something different for the WS?

 

I must provide all documents I intend to rely on 14 days before 20th April so I can't wait much longer for them to send me anything, I've not received anything yet

 

If they send them to me late, but on time to the court, is that a violation of the order?

 

Thank you!

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The NOA must be accurate...date...amount...account numbers and address (at the time of inception)...so very important otherwise its invalid.

 

The only documents you need to disclose are your CPR/CCA requests and any responses...you shouldn't be relying on their disclosures to create yours.

 

They must file and serve on the same date....the date stated otherwise they have failed to comply with the court directions.


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This is what they sent after my requests - the figure doesn’t match what they’re claiming nor does it resemble anything in the financial stuff they sent

4C150C76-82FD-4977-B602-9447D79BC378.jpeg

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So the debt has reduced from £366 to £300 ? since 2014.

 

Has it got the original account number ?

 

Their full address ?


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The only stuff on that piece of paper is visible in the photo if that's what you're asking?

 

The reference beginning M on the letter is an MMF reference I think. There is a different 'loan agreement number' on the loan agreement.

 

Thanks as always for all your help

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The original Account number must be on the NoA not just their reference....along with their full name and address.


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so does that mean it's invalid If it's invalid does that mean any debt is legally unenforceable or am I getting carried away haha

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not the debt no, but it doesn't bade well for their court claim


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

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ok so should i just add to the WS that it is an invalid Notice of Assignment due to lack of prescribed terms as per LPA 1925?

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