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    • Hi Shelley and hope you're ok 🙋‍♂️   Is the respondant an individual, a business, a Ltd Co, etc ? This info may help others advise on how best to enforce the Tribunal award.   Interest  -  it's the award amount of 2,500 times 8% divided by 365 which gives you the daily interest amount, times the number of days.   Or 2,500 x 0.08/365 = interest per day = 55p per day   Or use the factor of 0.00022 to give the same result for the daily rate of interest to add. 2,500 x 0.00022 = 55p per day.
    • receipt converted to PDF and added to last post      
    • Well I really don't know where to begin with this. I've spent hours trying to figure out what to put but it seems that every witness statement is different depending on the exact circumstances. I know that I shouldn't put all my cards on the table but I don't know which ones to hold back and which ones to get rid of altogether.   This is what I have so far...   I, XXX of XXX am the Defendant in this case. I make this statement in support of my defence again the Claimant, Civil Enforcement Ltd.   1.       CEL make it impossible for defendants to discuss PCNs with them or their representatives:              A.       On the 26th Nov 2018 I received an unexpected PCN from CEL. I immediately went onto their “Contact Us” page, which stated that operators are available to speak to during normal working hours (see appendix 1 - THIS IS JUST A COPY OF THEIR CONTACT US PAGE). I tried calling numerous times to discuss the matter but regardless of what time of day I called there was no option to speak to an operator, only an automated system to pay.              B.       When I received a debt collection notice from ZZPS (see appendix 2 - COPY OF LETTER) the letter instructed me to call them on 01932918916.                      14th Mar 2019 - I tried calling several times and have a call recording I can play for the court to show that it was impossible to speak to anyone. Instead I was played the following automated message: “The party’s call minder belonging to 01473478289 is full and can’t accept any more messages. Please try again later. Goodbye.” The call then hangs up.                     19th Mar 2019 - I tried again at several times throughout the day and this time a message played thanking me for calling ZZPS and asked me to hold. It then rang for 2 minutes before repeating the same message. This happened over and over again. I have two recording that I can play for the court showing this to be true, one that lasted 9 minutes and the other for 10 minutes before each time giving up.            It appears that there is some unreliable call routing in place meaning that I had no way of contacting CEL or ZZPS as they both advise.   2.       CEL failed to produce any of the documentation I requested in writing, which obstructed me from making a decision on how to proceed with this case:             A.       On the 3rd Dec 2018 I completed CEL’s online Appeals Form (see appendix 3 for a saved copy of the submitted form - ATTACHED TO THIS POST). CEL responded (see appendix 4) but failed to answer any question, stating that GDPR prevented them from doing so.             B.       On the 14th Aug 2019 I sent them a CPR 31.14 Request letter (see appendix 5). CEL did not respond.   3.       According to Schedule 3, Part 1, Class 13 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007, only signage older than 10 years is deemed as having consent granted.   CEL has changed its signage 3 times within the last 10 years, which can be clearly seen from Google Street mapping images:            A.       2018 – Present: Signage stating 1hr free parking (appendix 6a)            B.       2012 – 2017: Signage stating 3hr free parking (appendix 6b)            C.       2008 – 2012: Signage stating 2hr free parking (appendix 6c)   CEL’s current signage was installed at some point during 2018 but according to Stockport Council’s online planning applications search system no planning permission was granted. I believe the signage has therefore been erected illegally, which makes it impossible to enter into a contract with them.   4.       CEL has also added legal costs to their claim, which is not recoverable within the Small Claims Court.   I believe that the following facts stated in this Witness Statement are true.   Have I made a complete balls-up of this or am I going in the right direction? I thought it might work in my favour if I try to show the judge that I made every reasonable effort to resolve this without going to court but CEL purposely make appeals as difficult as possible. Perhaps none of that matters. Not sure. 🤔 Appeal Text.pdf
    • This will be ok for you to offer the final 1 month's fee you should have paid :-   Dear Harlands,   I refer to my membership at [town/city] gym.   The DD mandate was cancelled after the June 2019 payment was made and this was notice of my intent to cancel the gym membership.   I now realise I should have left the DD Mandate open to pay a final month's fee for the notice period.   Please confirm your bank payment details and a reference so I can pay you the £xx.xx to end this matter. I will not pay any admin fees added by Harlands. I will only deal with this matter in writing, not by phone.   My offer is valid for 14 days only and will be withdrawn if you demand any higher amount.   Yours sincerely,
    • seems like your payment issue is not just your error      
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Firefly16

MMF claimform - old CFO PDL

style="text-align:center;"> Please note that this topic has not had any new posts for the last 479 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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helping a friend out

 

she's being taken to court about a old cfo loan now mmf now lantern

 

we filed to say we fighting it and asked for all the info you need like credit agreement etc .

No response off them

 

defence needs to be in asap.

But not sure on this what we need to put

 

any help be great thanks

 

. P.s no payment ever been made

it's around 4yrs old and

 

also when first took loan out they just increased and increased without a payment in return she also lied about working but never checked.

Edited by dx100uk
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Please post up the claim form in pdf format.


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Also please fill this out


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Copy and paste the q's in the 2nd link here and answer each q

 

We dont need to see the claimform forget that


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Thread moved to Financial Legal Issues Forum ..please continue to post here to your thread.

 

Thread title amended

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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I wouldn't have thought any DCA would have touched a CFO loan

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Hi sorry for late response not been well

 

put in defence as no paper work

also was irresponsible selling no credit checks where done or employer checks

 

letter came today saying client is proceeding with claim . m

 

Got defence of bailiffs debts and bills site she did .

 

What do she do now

it's lantern Drs limited now

 

so do I take it she needs to go to court

she's not well

has really bad morning sickness 24/7 H

 

Has aspergers so hates confrontation of any kind

she's panicking now.

Edited by dx100uk
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Please post a copy of the defence submitted.

 

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Please post a copy of the defence submitted.

 

 

Andy

1. The Defendant denies that he is indebted to the Claimant whether as alleged at all.

 

2. The Defendant contends that the Claimant is in breach of Rule 16.4(a) of the Civil Procedure Rules 1998 in that the Particulars of Claim do not set out a clear and concise statement of facts upon which they rely.

 

3. The Claimant has failed to identify or plead a date the cause of action allegedly accrued.

 

4. There are no details as to when the alleged default occurred, the degree of default, the Defendant contends that the pleadings are wholly inadequate and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and Civil Procedure Practice Direction 16.

 

5. The Claimant has failed to comply with Practice Direction 16 Pre Action Conduct in that it

a. Failed to set out the basis on which the claim is made;

b. Failed to provide a clear summary of the facts on which the claim is based;

c. Failed to detail what the claimant wants from the defendant;

d. Failed, if financial loss is claimed, provide an explanation of how the amount has been calculated;

e. Failed details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.

f. Failed to list those documents upon which the claimant intends to rely;

g. Failed to state the date by which the claimant considers it reasonable for a full response to be provided by the defendant;

h. Failed to afford the Defendant the opportunity of requesting copies of those documents prior to the filing of a Defence

i. Failed, knowing that the Defendant was unrepresented to refer the defendant to this Practice Direction particularly in respect of paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction;

j. Failed to warn the defendant that ignoring the letter before claim will lead to the claimant starting proceedings and may increase the defendant's liability for costs.

 

6. The Defendant denies receiving a Notice of Assignment pursuant to the Consumer Credit Act 1974 from either the claimant in respect of the alleged agreement, or the original creditors, and puts the Claimant to strict proof by providing a certified copy of said Notice as referred to in the Particulars of Claim.

 

7. The Particulars of Claim are lacking detail and do not identify any specific item, service or goods to which the Defendant is allegedly indebted nor do they specify when the alleged agreement was entered.

 

8. The Claimants claim form fails to adequately or even accurately set out the nature of the claim

 

9. The Defendant contends that the Claimant has failed to attach any documents to the Claim Form as required.

 

10. The Defendant demands by reason of the provisions of Civil Procedure Practice Direction 16 para 7.3 that the claimant does provide a certified copy of the alleged executed written Agreement referred to in the particulars of claim, as the Defendant does not recall signing such document.

 

11. The Defendant reserves the right to replead their Defence should the claimant replead its claim adequately.

 

12. The Defendant denies being served a Default Notice / Notice of Termination of Agreement pursuant to the Consumer Credit Act 1974 by the original creditor for the alleged agreement and puts the Claimant to strict proof by providing a copy of said Default Notice / Notice of Termination of Agreement as referred to in the Particulars of Claim.

 

13. Section 87 (1) of the Consumer Credit Act 1974 states as follows:-

a. (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum, or

© to recover possession of any goods or land, or

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e) to enforce any security.

 

14. The Defendant denies signing any agreement with the Claimant and demands the claimant provide a certified copy of the Deed of Assignment signed by the original creditor, the Defendant & the Claimant, as proof they have the right title and interest to pursue the alleged debt.

 

15. The Defendant demands that in accordance with s.136 (1) of the law of property act 1925, that the claimant do provide proof of absolute assignment, by providing a certified copy of the Deed of Assignment between the original creditor and the Claimant to show proof of complete transfer and ownership (all rights, title, interest, benefits and liabilities) and that they have the power to give good discharge pursuant to s.136 (1) © of the Law of Property Act. As referred to in the Particulars of Claim.

 

16. The Defendant avers that the Claimant’s pleadings are an abuse of process.

 

17. The Particulars do not identify any cause of action.

 

18. The Claimant is put to strict proof.

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Far far too much !!

 

why didnt you Use our std defence in any pdl claimform thread?


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What date did you file that?


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Far far too much !!

 

why didnt you Use our std defence in any pdl claimform thread?

I was ill she panicked, was told they was good to help, then they stopped helping her ,now they going ahead with the court case. No clue what to do now.

 

Far far too much !!

 

why didnt you Use our std defence in any pdl claimform thread?

 

Didn't know there was one sorry

 

What date did you file that?

 

30th June I think it was give or take a day

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Next move is theirs

They have 28days

 

I take it you've not yet received an n180?

Direction questionnaire?

From the court?


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No nothing yet

when she gets that come back for advise is it ,

 

what I do know is they put it on her credit file as a default pretty recently then they closed it so looks paid i don't understand that .

 

Thanks for the help by the way

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You need to get reading up on things..cag is self help too

 

When the OC sold the debt.

They default it, then mark it £0

There should be an entry from mmf showing the same defaulted date and the true bal


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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You need to get reading up on things..cag is self help too

 

When the OC sold the debt.

They default it, then mark it £0

There should be an entry from mmf showing the same defaulted date and the true bal

 

Cfo never done a default on her credit file that much you can see but mmf did and month later marked it as closed which I find really weird .

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Nope only the oc can register a default

Not a debt buyer

 

Ignore the cal section if thats what you are looking means nothing


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

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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Ok thanks I.ll wait on questionnaire and get back to you thanks again

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Right court papers arrived today saying it comes under small claims and if you want to do mediation to try and sort it also questionnaire to fill out. What should we do please

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N180?


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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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need to read up whilst you await things to happen

plenty of threads here

you should be doing that so you know what to do.

 

yes to mediation

yes to small claims track

State your local county court

1 wit you

the rest is obv

 

3 copies

1 for your file

1 to the court

1 to solicitors [you can omit sig/phone/email]


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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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Ok thanks will read up on things and if unsure of anything if it's ok I.ll ask you

Edited by dx100uk
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that's what we are here for...


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

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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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