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    • 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      
    • don't think there are any moriarty represented threads here whereby if the defendant turned up the defendant lost the case. moriarty never appear in court.   there is a very comprehensive mediation sticky in the homepage of this very same forum yours is in   there is also a custom google search which comes up after hitting our top squares logo   moriaty claimform   might be useful to use there.        
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tallmansix

Debt letter from Lantern - Possibly statute barred - next steps?

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I have received a letter today from Latern (formerly Motor Mile Finance) about some old short term loans from around 2012. This really is out of the blue, I've heard nothing from them for as long as I can recall and this letter was actually sent to my previous address but was re-directed.

 

It is quite a jovial letter, it reads "So, dust off the BBQ, enjoy the sun and take this opportunity to clear your debts before winter approaches". They're offering up to 60% reduction.

 

This is a summary of the debts:

Quick Quid £512 - Last payment date: not shown

Northway £838.88 - Last payment date: not shown

Think Finance (UK) Ltd t/a 1 MONTH LOAN: £350 - Last payment date 19/06/2012

 

At least one of the debts (probably all) are 6 years since last payment / taking out the credit so are possible statute barred. None of these debts appear on any of my credit records (Experian / Equifax / Noddle / MSE credit club)

 

1. What is the best approach with these to avoid acknowledging but ensuring it doesn't escalate to CCJ for example?

 

2. The address on the letter is my previous address (moved 1 month ago) and the debts relate to an address before that one. Should I do anything about this? I have a postal redirect in place for next 6 months but don't want a door knock at old address because the new tenants know me and my new address.

 

Note that since these bad days of pay day loans in 2012, I have taken responsibility for my finances. I'm a long time YNAB user and have my finances under microscopic control. I have no CCJ's but I do have a some defaults from 3 years ago that are now either satisfied or in a steady arrangement. I'm on the way to cleaning myself up so I don't want to make an error and set myself back.

 

Any advice is welcome.

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yep

those are discount offers

so probable SB'd now.

 

just remember a DCA is NOT A BAILIFFS

and have

ZERO legal powers

 

if you could findout they are SB's that would be a BIG bonus

as you could send our SB letter for each one and kill them dead.

 

ring the original lender?

look at old Bank account statements ?

 

have a try to findout before you send anything to them

 

moved to the MMF forum

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Many thanks for taking the time to reply.

 

fkofilee: Thanks, when the time comes to correspond with them I will update the address but I have decided not to engage with them right now as per the next post. My postal redirection will pick up any further correspondence.

 

dx100uk: I've done some digging and actually found I have a lot of information. I had 6 pay day lenders on the go totalling £3300 in 2010. I've managed to find some old spreadsheets, letters and partial downloads of bank statements. It appears I had a meltdown in April 2010 and wrote a letter to all 6 payday lenders stating I was in a financial crisis and put in a formal CCA request. I also switched bank accounts to stop any further payments to these lenders.

 

What I have found is:

Quick quid - last payment 26/03/2010

Northway was Pounds Til Payday (The Maltese based one) - last payment 26/03/2010

1 Month Loan - last payment 30/03/2010 however Lantern say 19/06/2012 so I may have made a later payment to stall or prevent action.

 

I think the reason I didn't pay any of the above was because they ignored my CCA request at the time or didn't engage with me.

 

I was also with Wonga in this era but cleared that debt and actually got a refund when they had the FCA investigation. Another lender was Cash Choice and that was cleared in full around 2010 as well.

 

PRA group also caught up with me about a month ago for the 6th pay day loan from that era with MEM Finance. I immediately issued a CCA request and have had an acknowledgement with collections put on hold and my £1 returned. The difference with that one is that I did make some payments as recently as 2015 so it is not in the SB league but I'm hoping they can't find the CCA.

 

I've decided to put a SAR into the 3 original creditors to get some hard facts about the debts and dates so I can pursue the SB route. In the meantime I will ignore Latern but I may send a "prove-it" letter to stall them if they appear to be getting enthusiastic about taking any action.

 

Thanks again for your advice, I will update when I next get some correspondence.

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No don't send anything yet

 

No harm starting an IRL complaint to each lender mind


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No don't send anything yet

I assume you mean sending anything to Latern? - If so, yes will refrain for now.

I also assume that the SAR to the original lenders is ok and won't cause any issue such as acknowledgement of the debt?

 

No harm starting an IRL complaint to each lender mind

Yes I will look into this. I've read some examples of these on the forum and I do fear that they will claim my self-declared income / outgoings at the time didn't suggest irresponsible lending but I may have some mileage in the fact that I had rolled these loans over for about 3-4 months suggest difficulty. I expect to get that confirmed with the SAR.

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Dont need sar- wont hurt no...

But send each lender. an irl complaint regardless!!

 

Its nothing to do with affordability...its to do with lending responsibly!!

If you already had numerous loans and default s they should not have done it


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I'm worried that an IRL complaint will acknowledge the debt so I'm holding off on that one,

I think I've got a good chance of SB to just wipe the debt so I'm doing the SAR first and will take it from there.

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You cant reset nor unbar a barred debt by sending a complaint!!

Where did you read that rubbish!

Get on with it!


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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You cant reset nor unbar a barred debt by sending a complaint!!

Where did you read that rubbish!

 

Ok, I understand. I didn't read it anywhere, just didn't want to poke the tiger, it had been asleep for 6-8 years and initially I wasn't interested in a refund, just a debt wipe.

 

Get on with it!

 

Thanks for your advice but I feel less haste at this stage is a better approach.

 

I imagine a properly prepared IRL has more chance of success and with that in mind I've spent the last hour reading about IRL's on this forum. I realise that I have insufficient records to put a coherent complaint together.

 

So I'm still doing the SAR first to ensure I have as much detail as I can. I'm even going to SAR the 2 lenders I paid in full at the time in preparation for an IRL. I'm fairly certain I rolled the various loans over between at least 5 and as much as 12 times or more. I can put a better IRL together with all the facts and will do it to all 6 lenders.

 

SAR's are printed and going in the post recorded delivery tomorrow. Also doing a SAR to the bank account used at the time to get bank statements for my reference because I have no records of my income / outgoings at that time but I remember enough to know I was in a real squeeze with lots of other commitments and debts that will show up.

 

Thanks for kicking me in the right direction even if I do sound stubborn about doing it my way.

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send sar's via 1st class and get free proof of posting from any PO counter.

that's all you need, proof it was sent. don't waste money on recorded


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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