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    • Interestingly I've just had another alert on my Clear Score report:   Upcoming Updates A new credit or store card will be added to your January report. Organisation Name: BAIA0090 Account Number: ****9048 Company Type: finance house What does this mean? This could mean that you’ve recently opened a new account, or it might be because a lender has just shared some information relating to an old account. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. If you apply for credit now, lenders will see this update on your Equifax credit report. Now, this looks very much as if Hoist have taken my agreement off and transferred it to whoever BAIA0090 are.  I've not seen any new notice of assignement or anything.  
    • Sorry i am Not putting details in here.This bank i did have an account with in 1993.That is the last time i used them. I am going to let them ccj me. I am not going to even think about this any more.My bin will get the letters and my door will be ignored. Thank you for the interest but i will waste these #Ankers time for another 6 odd years while i get my mind right All the best
    • Particulars of Claim (for Reference - not to be submitted with defence)   What is the claim for – the reason they have issued the claim? 1.The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no xxxxxxxxxxxx   2.The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974.   3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX BARCLAYCARD) Written notice of the assignment has been given. The Claimant claims 1.The sum of £2792 2. Costs Defence   1.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.   2.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. 3. Paragraph 1 is denied. Whilst I have had dealings with Barclaycard  in the past I cannot recall the specifics of the alleged agreement.   4. Paragraph 2 is denied .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.   5.Paragraph 3  is denied.I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim .   6. It is denied that any amounts are due under any agreement.   7. On receipt of this claim I requested information pertaining to this claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 19/11/2019.Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class recorded post on 19/11/2019.  To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information .   8.Therefore with the court’s permission the Claimant is put to strict proof to   a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   9. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   10. On the alternative, if 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 82A of the consumer crediticon Act 1974.6.   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. (Defence mainly taken straight from Micky the Hippo's similar defence)
    • On the MCOL site. I hadn't submitted the defence, but it was mostly filled in. I just left it on. I'll submit it by 15:00 today unless I hear otherwise. 
    • The letter from Drydens is asking me to respond to their letter:   "we will have no alternative but to apply to the Court to lift the stay on the proceedings in order to progress the legal action commenced against you."   Obviously I don't want to ignore it. 
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Seminole

Premier Parking Solutions *** Cancelled by PPS ***

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Apparently in the world of Premier Parking Solutions this amounts to parking outside the parking bay and is worthy of a £100 fine. Rest assured that all four wheels were inside the (small) bay and the photo shows the only bit of overhang.

 

I'd like to think this was issued by some over-zealous newbie warden but then he/she placed the ticket right at the bottom right of the windscreen no doubt in the hope that I would move the car before I noticed it.

 

I've already 'appealed' and put them on notice that unless cancelled forthwith, I will be seeking recovery of costs for my time. I'm actually quite tempted to report them to Action Fraud as well.

29352153_1579614092159931_8836975017381307213.jpg

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Where does it say its a fine?


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

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On the penalty charge notice :).

 

The attachment is my photo of the only part of the car 'outside' the bay.

 

Don't worry dx, I can handle this one.

I only posted it because the 'infringement' is so ridiculous.

I expect they'll cancel it without much of a problem.

 

If they don't I'll be billing them for my time and then pre-emting any chasing letters etc by commencing proceedings for recovering my costs.

 

They can counter-claim for the fine if they like.

Edited by dx100uk
merge

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Its not a fine and billing them for your time /letters etc is not the way to go about it.

Did you wait for the ntk before appealing?

Have you read pofa?


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Oh and its not a penalty charge notice either...


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I know it's effectively a contractual charge but no breach of contract occurred. All four wheels of the vehicle were inside the parking bay and I have photographic evidence of that.

 

I am, to put it mildly, a little angry that some pos PPS employee thought that they could con me into paying their charge and did so in such a way that I consider amounts to attempted fraud. Needless to say I'm also a bit annoyed about the waste of time that they are causing me. However, have no problem and in fact am quite enthusiastic about arguing this matter in front of a county court judge. Some people might have missed the ticket and some might roll over in front of a company whose business model seems to be at least a bit questionable.

 

In answer to your question, no I didn't wait for the notice to keeper and no, I haven't read pofa. However, no contractual breach occurred and I'm more concerned about exposing and punishing this company for their actions.

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Oh and its not a penalty charge notice either...

 

Sorry, parking charge notice. I do know the difference.

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These boogers like Conwy CCBC Wardens will claim the "Whole Vehicle" must be inside the bay, so extremities like bumpers must not be outside. Am watching with interest


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If you think this is an error you are naive in the extreme, it is their normal every day practice.

they are not honest and you should understand this.

 

For that reason appealing this will be fruitless, they arent going to give up their payday just because you dot agree with their interpretation of THEIR rules.

 

As you appealed you have admitted it was you driving and parking so all of the protection you have in law with the POFA has been thrown away.

 

By saying you will seek recovery of your cost for your time they now know that you are ignorant of the law as well so WIll be after you

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Claimform in post by June then.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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If you think this is an error you are naive in the extreme, it is their normal every day practice.

they are not honest and you should understand this.

 

For that reason appealing this will be fruitless, they arent going to give up their payday just because you dot agree with their interpretation of THEIR rules.

 

As you appealed you have admitted it was you driving and parking so all of the protection you have in law with the POFA has been thrown away.

 

By saying you will seek recovery of your cost for your time they now know that you are ignorant of the law as well so WIll be after you

 

Not the most helpful of posts.

 

I didn't say that I thought it was an error. In fact I think it's exactly the opposite. I am aware of the sort of people that I am dealing with- the sort that would attempt to defraud me and I am responding accordingly.

 

I have no problem in them bring an action against me in the county court and I am more than willing to attend to defend my position and expose them if it gets to a hearing. I am willing to counter-claim against them for my costs. I realise that costs are not normally recoverable in the small claims process but I will argue that any claim they make is vexatious.

 

Interestingly, I am a regular customer of the landowner and I have spoken to him about what has happened. He has said that he will intervene if the parking company want to continue to pursue this matter but he's interested in seeing how they handle it.

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Not helpful? thousands of people read these posts every day.

you have been a member fo the group for a long time so knew there was a resource you could turn to before committing yourself to a particular action but didnt use it.

 

Apart from pointing out why your actions thusfar will cause you more problems in the long run we hope that others reading this dont make the same mistake and learn from your unfortunate errors. that way what I say is helpful. You might not like being told that you have made their job eaiser for them but that is the simple truth of the matter.

 

As for the landowner, he will have a backside that looks like a hot cross bum if he sits on the fence for much longer, make a formal complaint or forget him. He cant intervene once they sue you even if he wants to.

Edited by honeybee13
Paras

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Fair enough. Red mist descended and I acted before consulting.

Edited by dx100uk
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Just had a response to my appeal stating that they agree that I wasn't causing an obstruction and that they've cancelled the charge.

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Just had a response to my appeal stating that they agree that I wasn't causing an obstruction and that they've cancelled the charge.

 

LOL. Well done.

 

I've amended the thread title for you.


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that is nice of them, note that they didnt say that you hadnt actually broken any contract and their demand is unlawful.

 

Anyway, their reasons for cancelling are largely immaterial, it is the result that means everything

Edited by DragonFly1967
paras

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yes I think they didn't do themselves any favours there

 

well done

 

catch you again soon.

 

dx


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

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