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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
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    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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MMF/Moriarty claimform - old Mr lender PDL***Claim Dismissed***


dave466
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1.The defendant owes the claimant £525 under a regulated loan agreement with PDL finance Ltd t/a Mr lender dated 05/07/2012 and which was assigned to the claimant on 16/11/2012 and notice of which was given to the defendant on the 16/11/2012 (debt).

 

2.Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £525 and further claims interest thereon pursuant to section 69 of the*county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £42

 

DEFENCE*

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

2. The Claimant claims £525 is owed under a regulated loan agreement with PDL Finance T/A Mr Lender. I did not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a Section 77 and CPR 31.14 request who are yet to fully comply.

 

3. The Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on the defendant from either the Claimant or PDL Finance T/A Mr Lender.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. On receipt of this claim I requested, by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant's particulars in order to establish what the claim is for. To date the Claimant solicitors, Moriarty Law, have failed to fully comply with this request.

 

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer crediticon Act 1974.

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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moved the top bit around

 

looks ok to me

let andyorch check it mind

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... 

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Yesterday we received a letter from the court saying that they acknowledge receipt of the defence a copy will be served on the claimant.

 

Says the claimant may contact me directly to resolve but if it can't be resolved the claimant will inform the court he wishes to proceed.

 

On the same day we also got a letter from Moriarty law they will enter judgement against you 14 days from the letter.

 

Then goes onto say with regards to paying in full or an arrangement and they will not enter it.

 

Regards.

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the fleecers have 28 days to do something.

but if you look at the other MMF/Moriarty claimform threads here

[including another one today]

they run away before court.

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... 

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as they do

if you go look at every other MMF/Moriarty claimform thread here.

 

if they do

is completely a different matter

and even if they do

they don't turn up or drop the case just before the court date.

 

its all done to spoof you into making them look tough on debtors

when in all truth they simply issued a speculative claimform

hoping it wasn't contested as like 85% of 'em!

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... 

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  • 3 weeks later...

yes to mediation

1 wit you

the rest is obv

 

3 copies

1 to the court

1 to the sols [minus email/phone/sig]

1 for your records

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... 

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Thanks I've already put email phone in.

I will just tipex it out after photocopying it.

 

It doesn't actually have the sols details anywhere on the forms

or the notice that has been sent

so shall I send a copy to the address that is on the original claim form?

Thanks.

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the sols address is on the claimform

don't use tippex it can be scrapped off !!

 

use blank it out before the third copy you make

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... 

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https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

 

Complete the above on your PC.....looks far more professional...print 2 and save one to your folder.

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Sounds like an error and they have not submitted their DQ...what does it state about yours dave (defendants DQ) ?

 

 

Andy

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The court you submitted your DQ to....Northampton MCOL ?

We could do with some help from you.

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:thumb: So now you await your Notice of Allocation (N157) which will contain the dates and directions for what you/claimant must do next before the hearing date.......witness statement and standard disclosure.

We could do with some help from you.

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  • 4 weeks later...

How's this for a start and also do I need to put anything in about them not complying with PAP?

REGARDS.

 

Claim No. XXXX

 

BETWEEN:

Motormile Finance UK Ltd (MMF)

Protection House

83 Bradford Road

Leeds

LS28 6AT

 

AND

 

Defendant

XXXX

XXXX

XXXX

 

_________________________________________

 

WITNESS STATEMENT OF XXXX

_________________________________________

 

 

 

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

 

I make this Witness Statement in support of my defence dated 01 January 2018 and in response to the claimants claim dated 29 November 2017 which was submitted through*county court*bulk centre.

 

1. It is my understanding that the claimant must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.

 

2. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of 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 provident. On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity from the claimant.*

 

I requested:-

 

A copy of the original agreement

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

A copy of the Default Notice/ termination notice

A copy of the legal deed/notice of assignment showing the claimants legal right to take action

 

4.Disclosures

 

The claimant has since complied and disclosed various documents however unable to comply with disclosing:

A copy of the statement of the account showing how the defendant has reached the amount claimed for,

A copy of the default notice/termination notice,

A copy of the legal deed/notice of assignment showing the claimants legal right to take action.

 

Statement of Truth

 

I, XXXX, the Defendant, believe the facts stated within this Witness Statement to be true.

 

Signed: XXXX

 

Dated: 11th March 2018

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Have you received their WS and disclosures ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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