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    • I would say so yes but ofcourse only in the years they charged it not running till today.   can you drop n drag you cisheet here and did you do a statint sheet for the years int was not charged? their explanation is correct  
    • please complete this:     and scan up the PCN bothsides to one multipage pdf read upload   dx  
    • Must satisfy POFA if they want to ground Keeper Liability, so no Keeper liability, their RoboClaims always try to sue both as if they can jointly and severally, but the Courts should be looking at the was Driver or Keeper and chuck the claim out for being vague, but they don't  They might if POFA fails and they know they are onto a loser, might have a last gasp and try to rely on Elliott v Loake a criminal case so not applicable to a Civil claim, and CPS v AJH Films, again not applicable as is about employer/employee, they will do this to try to get someone to cough up before a case they know they are going to lose to salvage what they have already paid ou to go to court.  I would delete the  line   As the keeper of the vehicle, I decline as is my right to name the driver (s) at this time"  That is an oblique reference to the duty to name driver in a Criminal case, and is the Elloitt v Loake scenario.   Others will have better ideas, but lloking decent.
    • Good morning request sent off yesterday to moriarty law  but today got this load of tosh  Combine Jul 17, 2019.pdf
    • In response to your question, I have a copy of the title deeds showing ownership and also the leases. No idea what to do with that info though!   I should be most grateful if you would review the attached brief draft defence on page 1. The page 2 thoughts are a work in progress.   The POFA point is weak in my opinion, but having read a lot of analysis of the requirements, I haven't managed to come up with anything beefy.   I should be grateful for any ideas on that, as it seems like a failure to follow procedure would be a strong defence.   Also it asks for the driver's details on the PCN and then the claim states the Defendant was the registered keeper and/or driver, but I don't really understand whether there's a point of defence there.    DRAFT DEFENCE 1)      The claimant has failed to prove that VCS had a contract with the landowner (The West London Property Corporation Ltd.) in August 2015, and therefore failed to show either a legitimate interest in controlling parking at the Berkeley Precinct, or the authorisation to make charges on their own behalf, for any overstay in the carpark, including for first-time offenders (relevant to Tesco lease). (no response to CPR 31.14 request delivered and signed for at 10.32a.m. on 9th July) 2)      The claimant has failed to prove that VCS obtained a planning permit from the Sheffield Planning Department under the Town and Country Planning Act 2007 (also requested in my CPR 31.14 letter) and that there were prominent signs in existence at that time, showing clearly the terms and conditions for parking and the charge payable for any breach. Therefore, the three elements of offer, acceptance and consideration required for a contract were not met, and no contract existed. 3)      The claimant failed to issue the PCN in the timescale required under the Protection of Freedoms Act 2012 for keeper liability and, allowing for the 2 day delivery time afforded to Royal Mail, it arrived a day later than the 14 day deadline. The parking company has not met the keeper liability requirements and therefore keeper liability does not apply. The parking company can therefore only pursue the driver. As the keeper of the vehicle, I decline, as is my right, to provide the name of the driver(s) at the time. As the parking company have neither named the driver(s) nor provided any evidence as to who the driver(s) were, I submit I am not liable to any charge.    
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leedspete

Lowell claimform - old littlewoods shop direct CAT debt

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So do a SAR to littlewoods

 

Yes SAR always goes to original creditors.


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Havent sent sar yet but lowells are now threatening DCA and are calling all day. Is there a need for me to get worried yet

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do nothing until or unless you get a PAP letter of claim.


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I have now received a letter stating that my account is now with lowells solicitor and will upload it asap.

 

Here is the letter sent. Hopefully i have edited it ok

 

 

pete 003.pdf

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do nothing until or unless you get a PAP letter of claim. from their solicitors.

 

 


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

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Pre Action Protocol forms 

 

Read the following use our forms not theirs and follow the instructions.

 

https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/

 

 

Andy


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Am i disputing the debt due to the signature

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Interesting to see that they have sold the account after termination, which is correct, but they say nothing about a section 87 default notice.

 

You still have this you say. If any goods purchased are still within there payment term the DN should not ask for the full amount, just arrears, payment of this would remedy the breach. Worth a look. They cannot terminate if the DN is defective.

 

A signature is not required in a copy, v unlikely to win an action based on the absence of one of these in any case..


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did you ever send that SAR to shop direct?

 

 

On ‎13‎/‎04‎/‎2019 at 21:30, leedspete said:

Am i disputing the debt due to the signature

I wouldn't put that no.

simply put..

incomplete/unenforceable documentation


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Ok I really appreciate the help given. Can i send sar in letter back to lowells or do it separately? 

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who has said sar lowells?

 

dx

 


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

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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This arrived this morning and i need guidance on what to do next

 

Thanks

output (3).pdf

 

I am confused was i suppose to send cca request to lowells or creditors.

 

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Hello Leedspete ,

 

one of the sites admin will answer your question in regards to your CCA .

 

Nibbles .

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topic tidied

 

have you a copy of what you sent them [the PAP reply form] please

yes ideally you should have sent a new CCA request as the last one was a while ago and I cant see the lowell return PDF on that now its gone


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

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I dont have a copy of the pap form unfortunately. Ok so i will send a new cca request to lowell. Have sent sar request to shop direct as well. 

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oh dear you must always keep a copy of anything you send fleecing lying dca's as if this gets to court

who's to know they've not modified it to their advantage..and use it against you..

 

glad you've finally sent that sar..only been repeatedly asking that since July 16, 2016

 

you've been here since 2008...you are making far too many schoolboy errors

 

you MUST start to self help yourself.


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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not a CCA just info on account


:mad2::-x:jaw::sad:

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Thanks dx

 

So is there anything on the cca that is irregular and that I can challenge 

 

Sorry to be a bother but is there something I am forgetting to do.

 

Sent sar request but no response yet from shop direct.

 

Do I need to resend or not?

 

Just worried as this will soon be in court apparently

thanks

pete

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30 days is not up yet is it?

 


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Got letter to say that I am being taken to court over this debt. Will upload letter later tonight

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This letter was delivered to me on Thursday from lowells. Hope i have edited the details from the letter

lowells (1).pdf

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