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    • I'm afraid I think I would blitz it so as well as emailing the people you have just messaged, I would send messages out to everyone else. Part of the point is to engage in a campaign say that you disturb everyone. As the landlord has given a "care of" address, I think you could reasonably use that the service of proceedings if you need to. However I suggest that you check on the land registry web search and you may get more information. I'm quite sure that your tenancy agreement entitles you to peaceable enjoyment of your property and so from that point of view – yes there's probably breach. Also, do you have gas central heating and is there a gas safety certificate? Is there an electrical safety certificate? Are there smoke alarms? I think you should start going through the Internet and see what are the obligations of a commercial landlord in the circumstances and get a checklist and see what's missing. Now the time to cause trouble. However, don't forget that this will put you in conflict with your landlord and I expect there will be looking to get you out. When you moved in did you take pictures of the condition of the property? I should start taking pictures now – because if you do end up moving out either because he says you notice or else because you simply decide to up sticks, I can imagine that with this kind of attitude they may be some conflict over the condition of the property and therefore some conflict in respect of obtaining the return of your deposit or at least being refunded all of it. I'm afraid that you need to gear up here.
    • Y daughter just told me she’s been paying off a fine for £600    a bailiff called at her next doors ,  whist there they clocked her car in the drive way , not scorn not taxed off the raid ... I know i know  broken waiting money spending on it [ Ford]  turns out the DVKA took her to court in Bristol long waynaways because she hadn’t told the DVLA she’d moved and BENETTS  bought the debt , and chased her up at the new address to collect the payments ... how horrid is that? 
    • Hi BankFodder,        Thank you for your quick reply,  we feel a bit vulnerable living here with our two very little girls,   your reply is very much appreciated.   The Letting agent is Space4Living,  they say they wont do anything about it,   they only say it is a civil matter.   The landlord's name is on the Tenancy Agreement,   with the letting agent as a 'Care of' Address.   I have just sent an email to the local Environmental Health about everything,     and we will see what they say about it all.   Because the landlord seems not to be bothered about it,    if he does nothing or very little about it,    would he be in breach of our tenancy agreement ?   Cheers,    KFC  
    • Please advise if the following is ok to use?   I will say as follows:   It is admitted that Defendant is the recorded keeper of xxxxxxxx With recent dismissed claims such as claim no. Xxxxxxx it has come to light that the contract with the landowner stipulates 2 hours free parking at the Berkeley Centre car park and thus this case should also be dismissed not wasting valuable court time as the vehicle in question was parked for less than 2 hours.  The claimant in this case is not the proper claimant. As can be seen in their "contract". If there is a valid claimant at all it should be Excel Parking Services and not Vehicle Control Services.   Therefore, if any contract exists at all, the Landowner gave Excel Parking Services that contract. That contract is highly unlikely (although it cannot be proven as the claimant has not produced it) to give Excel Parking Services the right to assume the rights of the landowner and assign rights to another party.   While both Vehicle Control Services (Company number 02498820) and Excel Parking Services (Company number 02878122) have the same 'controlling minds',  & they are run as completely separate companies and cannot assign rights to one another on a whim and/or without the express permission of the landowner and even then, those rights can only be rightfully assigned by the landowner themselves and as that has not been produced as part of their witness statement one can only draw the conclusion that this is because that right (by way of contract of assignment) does not exist.   Further, while dealing with the so called "contract", it is not valid now and was not valid on the day that the event that brings us here today took place. As can be seen clearly on the contract, the contract was made for a FIXED PERIOD of 36 months from 25th November 2010. This means that this contract expired on or around 25th November 2010. As no renewed "contract" has been provided, again one can only assume that on the balance of probability, it does not exist.   In either case, as has been shown, Vehicle Control Services are not the proper claimant therefore there can be no cause of action as Vehicle Control Services has no Locus Standi to make or bring a claim and waste the valuable time of this court. If a contract existed at all (and there was a subsequent breach) it would either be between myself/driver and Excel Parking Services or myself/driver and the landowner. Vehicle Control Services are merely a third party and do not (as they have shown themselves in their own evidence) have a valid contract in place to manage the car park.   There is nothing said in the evidence to assert that Vehicle Control Services are acting as an agency on behalf of the actual contract holder therefore Vehicle Control Services cannot (and indeed do not claim to) have privity of contract. Dunlop Tyre Co v Selfridge [1915] AC 847, in which the action failed because although there was a contract, the plaintiffs were not a party to it and "only a person who is a party to a contract can sue on it," (per Lord Haldane).     This position (Vehicle Control Services being the wrong claimant) is backed up by their own evidence bundle. I refer you to photograph 28, 29 and 30 in the claimant’s bundle which clearly shows a 'Car Park' sign. The logo in the bottom and top right of the signs is for Excel Parking Services and not Vehicle Control Services who are making the claim in this case.   Vehicle Control Services know this to be the case as there have been many dismissed cases and discontinued claims.   Vehicle Control Services -v- Ms A. C6DP7P37 at Birmingham County Court. Dismissed. Wrong Claimant. Vehicle Control Services -v- Unknown. C1DP3H5V at Birmingham County Court. Discontinued. Wrong claimant.   As well as all of the following Discontinued claims. A8QZ6666, 3QZ53955, C8DP9D8C, C2DP0H7C, C1DP3H5V and C8DP37CH et al, all discontinued when it was pointed out to BW Legal that VCS had no right to pursue the matter as they were not the rightful claimant.   It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012; see paragraph 5.1a (enclosed). The car park signs are owned by Excel Parking, see claimants bundle 28, 29, 30 photographs and I have not entered into a contract with VCS. Following receipt of parking charge notices and letter before claim, I wrote to the Claimant stating that the Berkeley Centre pay and display car park is not managed by the Claimant but rather another party and invited the Claimant to drop their claim. Upon receipt of County court claim form Under CPR 31.14 on 14th August 2019 I requested evidence of the Claimant’s contract between VCS and the landowner that assigns the right to enter into contracts with the public and make claims in their own name, and proof of planning permission granted for signage etc under the Town and Country Planning Act 2007.  The Claimant refused to comply with this request and have provided no evidence of their connection to Excel Parking. I have yet to receive any evidence of myself the Defendant entering into a contract with the Claimant (Vehicle Control Services) nor any evidence of planning permission granted for signage. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. ‘VCS had no right to claim damages in trespass against motorists…and that the penalty charges did not constitute, in VCS’s hands, such damages (and) that there was no contract between VCS and the motorist.’ The Claimant did not evidence any contract by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.   Thanks  
    • Latest info      Creditor Claims Of £535,636,017  This is the extent of the damage Wonga has caused... I hope this serves as a lesson to everyone. Please steer clear of PDLs.
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Les77

Lowell Claimform - AA RBS Credit Card

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Hi all,

 

I’m looking for advice.

I’ve received court papers today from the county court business centre,

the claimant is Lowell Portfolio regarding a credit card debt of £5700 with the bank of Scotland.

 

In 2008 I successfully applied for an AA loan for £3000 (all paid)

after receiving the funds about a week later I received an AA credit card which I didn’t apply for so I can only presume this was hidden within the loan agreement?? Because I never applied for it!

 

At the time I wasn’t in any financial difficulty so I kept the card,

fell on hard times a couple of years later so I used the card,

realised I couldn’t keep on making the payments.

 

It was roughly 2015 when Lowell bought the debt

I asked for a CCA which took them almost 3 months to supply,

 

when it arrived it does look legit even though I had never applied for the card

- however the date on the agreement is September 2008 but at the very bottom in small print it has ‘sep2007’

 

Not sure whether to just accept this or defend it?

 

Thanks in advance.

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Sorry for the late reply.

I've acknowledged the claim on MCOL and

sent a SAR to Bank of Scotland.

 

Name of the Claimant ? Lowell Portfolio Ltd

 

Date of issue - 07 March 2018

 

What is the claim for –

 

1) The Defendant opened a Bank of Scotland (Credit Card) regulated consumer credit account under reference xxxxxxxxxxx on 25/09/2008 ('the Agreement').

 

2) In breach of the agreement, the defendant failed to maintain the required payments and the Agreement was terminated.

 

3) The agreement was later assigned to the Claimant on 17/06/2015 and written notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £5,338.21 remains due and outstanding.

And the claimant claims

a) The said sum of £5,338.21

b) Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment the date of issue, accruing at a daily rate of £1.170, but limited to one year, being £427.06

c) costs

What is the value of the claim? £6276.27 inc costs

 

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 2007? After

 

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. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so

 

Why did you cease payments? 2013

 

What was the date of your last payment? March 2013

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

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not sure where people keep getting the idea from that you need to send an SAR to anyone relation to a court claim!!!

 

you are running late and losing time les 77

you've already wasted 14 days of the 33 you have to file a defence by DO NOT MISS THAT DATE!!

 

pop up on the MCOL website detailed on the claimform.

.

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.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

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.


..

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As I never applied for the card I was advised on another forum to apply for a SAR. I’ve already got a copy of the agreement which I received in 2016 so do I need to request another?

 

As I said in my first post, the card came shortly after I took a personal loan out so it must have been part of that. Is this something I can mention in my defence?

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you don't get a free credit card when you sign up for a loan!?

 

so is your sig on this agreement?

or was it an online application.

 

pers i'd still CCA yes AND the CPR - get it running!!


..

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It did come as a surprise when it arrived in the post! It’s got my signature on it and on the second copy above my details it says in small print “By signing this agreement, I request that Bank of Scotland plc send me a credit card and PIN for use with my account”

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Can you post up a copy of the agreement? ...remove any identifiable information first.

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I’ll post it up tomorrow when I’ve got access to a printer / scanner. CCA and CPR have been sent this afternoon.

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Those t&cs are from 26/11/12 so are toilet paper

 

they have to provide the T&C from the time the agreement was signed

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Thanks for looking jon, it did take them roughly 6 months to send this to me!

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no no.4. on T&C's

page 2 is not correct as differing type face.

 

so cut n paste jobbie.

 

tell me...did you sign up for this whilst resident in scotland and have since moved south?


..

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Thanks for looking dx, I’ve always lived in England. Like I’ve previously said, I never applied or signed even though it is my signature. Is this fraud then?

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whats the address on this application eng or Scotland

and you say you've never lived at it?


..

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The address (eng) that’s on the agreement is correct and is where I still live

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well you've lost me

so family member fraud?

you never seen the card ever and never any letters/statements?


..

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DX looks to me like he applied for a loan

 

but on the loan paperwork it stated by being accepted for the loan he would get a CC as well

 

he has said he did receive the card and use it

 

ive just looked at the agreement again and that is for a card, not loan paperwork

 

Les - are you saying you signed the paperwork for the loan and you have never seen that agreement for the card?

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I meant is it fraud because somebody as you say ‘cut and paste’ the t&c’s - like jon has said, I applied for a personal loan and around a week later the card arrived in the post. I did use the card but fell on hard times and couldn’t keep on making the repayments.

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thats the way DCA's work to scare you into paying, making you think they have an enforceable agreement

 

did you ever see or sign an agreement for a credit card?

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Not to my knowledge, and if I did it must have been part of the loan agreement I signed

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ah yes sorry forget the story

well you did sign it

but anyway

its not correct as above

and wheres the default notice etc etc.


..

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Dx that cca les has received is from one he requested in 2006, not from the CCA or CPR request for this claim

 

he hasn't received any docs to do with this

 

Les, have a look at like CC threads and start preparing a defence

 

if they haven't provided any docs from your CCA/CPR don't refer to the ones you received earlier use the standard holding defence

 

post it up here to be checked

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I submitted that request in 2015

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sorry that was a typo meant to say 2016 :)

 

but even then that was wrong lol

 

do as per post 23 in regards to defence etc

 

you did sent a CCA and CPR31:14 request?

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