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    • Just an update on Celticheart37 versus Barclaycard.   On the claim for my late Husband's PPI, Barclaycard have responded saying they have been unable to locate a PPI Policy . They say he held his card since 1979 ( not the late 1980's as I had believed) which means that PPI did not exist and that is fair enough. I accept that PPI did not exist in 1979 so couldn't have been included. So that is the end of that one.They could have told me that at the beginning rather than let me search for proof that would not exist , but never mind.   On my own Barclaycard claim for which they have offered me a refund  "based on averages", I have sent a SAR requesting my statements back to 1993 when the account opened,so hello 12345 I will post an update when I get a response and let you know how far back  they were able to go !   Celticheart37
    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the 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. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
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Hi i have recieved a PCN from athena anpr for going over the 90 min parking limit in lidl.

 

I was 14 mins over.

 

I have read previous threads and i am 50/50 on whether to ignore or pay.

 

Please help

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No you dont pay it read up about grace period in the thread next to youre today

 

Please complete this

 

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp


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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No you dont pay it read up about grace period in the thread next to youre

 

 

1 Date of the infringement

 

15/05/18

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

 

17/05/18

 

3 Date received

 

19/05/18

 

%

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?]

 

No

 

5 Is there any photographic evidence of the event?

 

Yes. Cant see it me though.

 

6 Have you appealed? {y/n?] post up your appeal]

Have you had a response? [Y/N?] post it up

 

No

 

7 Who is the parking company?

 

Athena

 

8. Where exactly [carpark name and town]

 

Birmingham Lidl carpark Bordesley Green

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A quick google search tells me grace period is 10 mins o was 14 mins over.

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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

spreadsheets 

 

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Grace period is a minimum of 10 mins . Especially in a shopping centre. Queues etc. Plus going by the questions you answered, they already made a mistake and would be extremely stupid to take it further. It wont stop them trying though,


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Grace period is a minimum of 10 mins . Especially in a shopping centre. Queues etc. Plus going by the questions you answered, they already made a mistake and would be extremely stupid to take it further. It wont stop them trying though,

 

So should i email them to let them know why i wont be paying?

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Nope. Dont do a single thing yet. You name yourself as the driver and you make it harder for yourself. Right now they have no clue who the driver is, theyve already failed at the first hurdle with the NTK, as well as not allowing good grace time in accordance with their association.

 

Just sit tight and wait.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Never email a PPC, you give them a way to hassle you for free.

 

HB


Illegitimi non carborundum

 

 

 

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Never email a PPC, you give them a way to hassle you for free.

 

HB

 

Unless you're me. But I'm evil :lol:

 

I make it quite clear to them that if they reply to my "do_not_reply@" email address, they get their own email back 10000 times plus a 20Mb attachment for each email (so 200Gb in total). I've crashed Desperate Recovery Pass's email server about half a dozen times now. :evil:

 

Oh, the joys of having a private email server :wink:


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Unless you're me. But I'm evil :lol:

 

I make it quite clear to them that if they reply to my "do_not_reply@" email address, they get their own email back 10000 times plus a 20Mb attachment for each email (so 200Gb in total). I've crashed Desperate Recovery Pass's email server about half a dozen times now. :evil:

 

Oh, the joys of having a private email server :wink:

 

 

Maybe we should all have lessons on how to do this, just think of the fun not only with PPCs but also the likes of Lowells & other DCAs. Where do I sign up.


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Unless you're me. But I'm evil :lol:

 

I make it quite clear to them that if they reply to my "do_not_reply@" email address, they get their own email back 10000 times plus a 20Mb attachment for each email (so 200Gb in total). I've crashed Desperate Recovery Pass's email server about half a dozen times now. :evil:

 

Oh, the joys of having a private email server :wink:

 

Gotta be very careful with that.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Gotta be very careful with that.

 

Oh, absolutely. Which is why, in the signature file of each email there is a very clear warning (25 point, bold, red, capitals) of what will happen if they do reply to it. Auto replies are ignored (so anything that just says "we've received your email" etc). It's only if they choose to completely ignore the warning and reply manually that email armageddon ensues :lol:

 

 

In fact, minus the 25 point text. Here is the warning from my signature file for the do_not_reply@ email address I use.

 

WARNING: PLEASE READ AND UNDERSTAND THE FOLLOWING.

 

DO NOT REPLY TO THIS EMAIL ADDRESS.

 

IF YOU CHOOSE TO DO SO THERE IS A RISK THAT YOUR OWN EMAIL SERVER WILL CEASE TO FUNCTION. THIS EMAIL ADDRESS IS SET TO PERCEIVE ANY MESSAGES THAT IT RECEIVES AS A THREAT AND WILL AUTO RESPOND IN KIND.

 

THIS IS LIKELY TO MEAN THAT YOUR EMAIL SERVER WILL RECEIVE 10,000 COPIES OF YOUR OWN EMAIL (WITH A LARGE (VIRUS CHECKED) ATTACHMENT (I'M NOT THAT NASTY)) WITHIN THE SPACE OF 5 SECONDS. THIS MAY WELL RESULT IN THE OVERLOADING OF YOUR EMAIL SERVER.

 

TO MAKE IT ABSOLUTELY CLEAR AND FOR THE AVOIDANCE OF DOUBT. DO NOT REPLY TO THIS EMAIL ADDRESS.


We could use your help

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Nope. Dont do a single thing yet. You name yourself as the driver and you make it harder for yourself. Right now they have no clue who the driver is, theyve already failed at the first hurdle with the NTK, as well as not allowing good grace time in accordance with their association.

 

Just sit tight and wait.

 

The fine will double if i dont pay in 14 days.

 

Also i cant find any where that the grace period is a minimum of 10 mins. Everywhere seems to say its max 10 mins.

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Athena are IPC members, so (loosely at least) operate under that CoP.

 

Here is the document

 

And you're looking for Section 15 (specifically 15.2) which is on page 12 :thumb:


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

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Oh, absolutely. Which is why, in the signature file of each email there is a very clear warning (25 point, bold, red, capitals) of what will happen if they do reply to it. Auto replies are ignored (so anything that just says "we've received your email" etc). It's only if they choose to completely ignore the warning and reply manually that email armageddon ensues :lol:

 

 

In fact, minus the 25 point text. Here is the warning from my signature file for the do_not_reply@ email address I use.

 

WARNING: PLEASE READ AND UNDERSTAND THE FOLLOWING.

 

DO NOT REPLY TO THIS EMAIL ADDRESS.

 

IF YOU CHOOSE TO DO SO THERE IS A RISK THAT YOUR OWN EMAIL SERVER WILL CEASE TO FUNCTION. THIS EMAIL ADDRESS IS SET TO PERCEIVE ANY MESSAGES THAT IT RECEIVES AS A THREAT AND WILL AUTO RESPOND IN KIND.

 

THIS IS LIKELY TO MEAN THAT YOUR EMAIL SERVER WILL RECEIVE 10,000 COPIES OF YOUR OWN EMAIL (WITH A LARGE (VIRUS CHECKED) ATTACHMENT (I'M NOT THAT NASTY)) WITHIN THE SPACE OF 5 SECONDS. THIS MAY WELL RESULT IN THE OVERLOADING OF YOUR EMAIL SERVER.

 

TO MAKE IT ABSOLUTELY CLEAR AND FOR THE AVOIDANCE OF DOUBT. DO NOT REPLY TO THIS EMAIL ADDRESS.

 

Whats funny is that if they had ANY sense at all their email server would be set up to stop all of that as spam. Shows what kind of outfit they are :-D


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Whats funny is that if they had ANY sense at all their email server would be set up to stop all of that as spam. Shows what kind of outfit they are :-D

 

They try, bless 'em, but I just use a different email address every time I email them. They're learning though (slowly) to write to me rather than email :evil:

 

 

Anyway, we're so far off topic... Sorry OP :thumb:


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

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The fine will double if i dont pay in 14 days.

 

Also i cant find any where that the grace period is a minimum of 10 mins. Everywhere seems to say its max 10 mins.

 

sorry can you tell me where anything say FINE??


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

spreadsheets 

 

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Oh, absolutely. Which is why, in the signature file of each email there is a very clear warning (25 point, bold, red, capitals) of what will happen if they do reply to it. Auto replies are ignored (so anything that just says "we've received your email" etc). It's only if they choose to completely ignore the warning and reply manually that email armageddon ensues :lol:

 

 

In fact, minus the 25 point text. Here is the warning from my signature file for the do_not_reply@ email address I use.

 

WARNING: PLEASE READ AND UNDERSTAND THE FOLLOWING.

 

DO NOT REPLY TO THIS EMAIL ADDRESS.

 

IF YOU CHOOSE TO DO SO THERE IS A RISK THAT YOUR OWN EMAIL SERVER WILL CEASE TO FUNCTION. THIS EMAIL ADDRESS IS SET TO PERCEIVE ANY MESSAGES THAT IT RECEIVES AS A THREAT AND WILL AUTO RESPOND IN KIND.

 

THIS IS LIKELY TO MEAN THAT YOUR EMAIL SERVER WILL RECEIVE 10,000 COPIES OF YOUR OWN EMAIL (WITH A LARGE (VIRUS CHECKED) ATTACHMENT (I'M NOT THAT NASTY)) WITHIN THE SPACE OF 5 SECONDS. THIS MAY WELL RESULT IN THE OVERLOADING OF YOUR EMAIL SERVER.

 

TO MAKE IT ABSOLUTELY CLEAR AND FOR THE AVOIDANCE OF DOUBT. DO NOT REPLY TO THIS EMAIL ADDRESS.

 

 

Even with that disclaimer you need to be careful.

A DOS attack, and that is what it is, is illegal.

 

Now on the flipside of that I think its genius and the are getting what they deserve

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Even with that disclaimer you need to be careful.

A DOS attack, and that is what it is, is illegal.

 

Now on the flipside of that I think its genius and the are getting what they deserve

 

and is covered under the computer misuse act. WHich is why i said be careful :)


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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take the original advice, ignorwe them and certainly NEVER email a parking co or any or their gophers

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