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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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VCS Claimform - No Stopping PCN - Liverpool Airport

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Hey guys.

So it's been almost 2 weeks now, should I have heard anything back from them by now?

When do you think I should lodge my defence?

Thanks :)

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by day 33


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you wont hear back because they know that to answer will doom their claim to failure at the outset.

 

What you do is include the failure to show any authority or cause of action via a response to this request as a reason for dismissing the claim as being without merit regardless of the rest of your defence.

 

This sometimes happens and sometimes they are instructed to supply the court with the details of what exactly makes then think they have a claim.

 

As you are obliged to send your defence to the climants as well as court

you dont want to send it too early or they will be getting busy on photoshop to create evidence that isnt there but fits in to have a pop at your defence.

 

usual type of thing is different signage that doesnt really exist and so on.

Edited by honeybee13
Paras

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Hi guys,

 

I filed my Acknowledgement of Service on 2nd Feb, 28 days from then is the Friday 2nd March .. a week away.

 

I want to get prepared to send my defence,

 

is there a template I need to follow as before with the CPR31.14?

 

If I have to send it to the claimant it'll be by post so should I post it around the 26/27 Feb?

 

Thanks for you help :)

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At this stage all you need is a couple of bullet points and then you can go into greater detail if need be when the time comes so somehting like

 

1. No keeper liability as this is not "relevant land" under the POFA 2012 and the defendant puts it to strict proof that VCA show as to who the driver was at the time.

 

2. No contract was ever offered by VCS, the land is subject to its own byelaws and in any case the signage is prohibitive so there can be no monies due as a result of either an contractual charge or as a result of a breach of contract.

 

3 The claimant has not shown locus standi in this matter.

 

That covers about everything, with the last point we know they have a contract with the landowner but that isnt worth a light as the byelaws are supreme

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your defence is due by 4pm TOMORROW!

 

you do not have to serve it on the claimant only MCOL.

 

is it working again yet?


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your defence is due by 4pm TOMORROW!

 

you do not have to serve it on the claimant only MCOL.

 

is it working again yet?

 

Hi,

 

I emailed them the other day and I got this back:

 

Please be advised that you have 28 days from the date of service (1 February 2018) to file your defence.

 

Do you still think I should send the defense today?

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Hi,

 

I emailed them the other day and I got this back:

 

Please be advised that you have 28 days from the date of service (1 February 2018) to file your defence.

 

Do you still think I should send the defense today?

 

Who did you email and where does the 1 Feb come from?

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The claim was issued 22 JAN 2018...you have 33 days in total ...22nd Jan being day 1...you must submit your defence today the last day by 4.00pm.

 

 

Andy


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And they are correct the claim is deemed served after 5 days

5+28 is?


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Hey guys, so I've just received a Notice of Proposed Allocation to the Small Claims Track.

Do you think I should agree to this process or reject it?

I don't see any harm in it but I'm no expert, I'm not sure how mediation would be of any use though .. confused :???:

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in PPC Cases you refuse mediation

 

no to mediation

1 wit you

the rest is obv

 

3 copies

I to the court

1 to VCS [omit sig/email/phone]

1 for your file


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Looks like they're desperate to lose some money. They clearly have too much of it and it's clogging up their bank account :lol:

 

Don't forget though that VCS can pull out right up until the court door. So perhaps might think better of it once they have sight of your WS (not yet).

 

Have you submitted your DQ?


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You dont have to tick the box for mediation, I suspect that they are hoping you agree and then furhter agree to pay them something , anything so they limits their losses on this.

 

Theywill have to travel to your local court so even ticking the box and asking for it to be heard at Sheffield is just a wish on their part rather than a likely expectation.

 

They will also have to pay the allocation fee ( companies issuing loads of claims via the bulk centre at Northampton only pay £25 up front and the rest when it gets this far) so keep an eye on the calendar

 

the day after they are oblided to stump up the money you get onto court by fax and ask that the claim is booted out for the non payment of the fee.

 

The court people will probably remind VCS it is due and give them another week or so even though as serial offenders they dont deserve this leeway but it will let them know that you are after them now.

Edited by honeybee13
Paras

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hidden attachments you must remove ref numbers.


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

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Looks like they want to lose some more money then. The bank account must be full and they're trying to make room :lol:


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have you a hearing date yet?


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Last contact I had from MCOL was on the 10/03/18 saying that it had been transferred to the County Court Hearing Centre for allocation.

They want it in Sheffield and obviously I've asked for it my local town.

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It'll be your local court not theirs. I'd almost guarantee that :thumb:


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the default is always YOUR local court unless you want it elsewhere for a sensible reason such as near to work or disabled access.

 

A company will almost never get the hearing moved for any reason even though these bandits try and try again.

 

It is just another method of trying to intimidate you rather than a need on their part, they always sned a hired gun anyway

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