Jump to content


  • Tweets

  • Posts

    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Lowell claimform - old studio cat debt***Claim Discontinued***


Ronnie1234
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1811 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Received letter from Lowell today enclosing a copy of directors questionnaire which they have sent to the court. Their letter says they have agreed to mediation in their directors questionnaire

It says if I agree to mediation I am to tick yes in my own directors questionnaire - I’m guessing I receive this from courts?

Or I can contact Lowell to settle!

Link to post
Share on other sites

Why?

Get reading other threads

 

Doesn't mean they've sent the court it.....

 

So you now have all the docs from cca/CPR requests then too:madgrin:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 2 weeks later...

Doubt it....check the status on MCOL then contact them and ask if DQs have been sent out.

 

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Whats the last entry......defence received ?

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Letter received from court today:

 

notice of proposed allocation to the small claim track

 

1. This is now a defended claim

the defendant has filed a defence

 

2. It appears that this case is suitable for allocation to the small claims track

 

if you believe that this track is not the appropriate track for the claim you must complete box c1 on the small claims directions questionnaire and explain why

 

3. You must by 8 February complete the small claims directions questionnaire form n180 and file it with the court office.

 

enclosed then is a directions questionnaire with a piece of paper also enclosed about mediation service

Edited by dx100uk
quote
Link to post
Share on other sites

always yes

must be seen to allow them time.

even right upto the actual Mediation phonecall. itself. then you say no if you've got nowt back to make an informed decision.

yes to Mediation

1 wit you

the rest is obv

 

3 copies

1 to the court

1 to the sols [minus email/sig/phone]

1 for your file.

 

should have been reading up in the waiting period.

on nearly every claimform thread here already.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Yes I’ve been trying to read up when I can snatch some time. Thought this would come through post & it would try to go the mediation route.

So photocopy before I sign for the solicitors copy?

Do I complete the local court box? (Really don’t want it going to court)

 

I agree to mediation. You say I can not agree closer to the time if no copy of agreement received?

Link to post
Share on other sites

further blanks are on the .gov court site or in the legal section of our library.

 

you agree to mediation until the actual day it happens

they will call and ask the same three questions before it starts

if to that time you still have not received the required information to enable you to make informed decisions, then you say NO to that question.

 

doesn't mean it going to court...if lowells have nothing then odds on they wil let it get stayed or discontinue.

 

see the successes forum off this one.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

well done

 

thread tidied of 24 unnecessary previous post quotes

no need to keep hitting reply with quote just type..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 4 weeks later...

Received email today regarding mediation & to complete agreement to 3 statements.

So I’ll respond agreeing to mediation

No to all documents received as still not received copy of agreement or statement? - do I state this in the No box?

 

Do they tend to still proceed to court in these circumstances as don’t want it to go to local court etc?!

Link to post
Share on other sites

post 86

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

If mediation fails..and it will judging from you last responses...and you have submitted your DQ then of course it will proceed to trial.....Notice of Allocation next on your list to deal with this will contain the courts directions of what you must do next to prepare and by what date.

 

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 3 weeks later...

Notice of Allocation N157 next Ronnie....post when you recieve it .

 

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Yes and the dates the directions you must comply by .... to submit your statement and disclosures

  • Thanks 1

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 3 weeks later...

Court letter received saying the case is listed for final hearing on 27th June 2019.

 

Unless the claimant does by 4pm on 30th May pay to the court the trial fee of £55 or file a properly completed application for help with fees then the claim will be struck out with effect from 13 June

 

By 7th May each party must send the court & every other party copies of all documents upon which that party intends to rely at the hearing this includes written statements....

 

Its my daughters birthday the day case has been listed for.....though I’m really hoping it doesn’t get as far as actually going to court! 

Link to post
Share on other sites

IN THE ***********

Claim No. **********

 

BETWEEN:

Claimant

Lowell Portfolio Ltd

 

AND

Defendant

****************

 

_________________________ ________

 

WITNESS STATEMENT OF …..

_________________________ ________

 

 

 

I **************** being the Defendant in this case will state as follows;

 

I make this Witness Statement in support of my defence in this claim.

 

1.) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.

 

As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

2.) On or around the 26th November 2018 I received a claims form from the County Court Business Centre, Northampton, for the amount of £440.66 but £475.91 with interest. Then total amount £560.91 with costs added. The claimant contends that the claim is for the sum of £475.91 in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The Consumer Credit Act 1974 ( CCA).

 

3.)The Claimants pleaded case is that the Defendant entered into an agreement with Studio under account reference *************  I am uncertain as to which account this refers to. It is accepted that I have had financial dealings with Studio in the past however I have no recollection of the alleged account number the claimant refers to.

 

4.) On the 6th December 2018 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974. I also requested a copy of the Notice of Assignment.  

                         5.) I received a letter dated the 13th December 2018 I received a letter from Lowell stating they have requested from their client a copy of                             the agreement and statement and will contact me once a response received. A copy of a notice of assignment was enclosed.  The copy of                           the notice of assignment dated 23rd August 2017 says I had an account with express gifts which was sold and assigned on 28th                                             June 2017 to Lowell. I  have no recollection of ever receiving the Notice of Assignment . 
 
                         6.) I received a further letter dated the 13th December 2018 saying that Lowell have asked their client for a copy of the agreement and                                   statement and will contact me with a response. To date - 15.04.19 this has not  been received. Also please note they state Studio not                                     Express gifts in this letter.

7.) Contained within the claimants particulars the claimant pleads that the defendant has failed to maintain the required payments and is in breach of the agreement, however I have not seen this ‘agreement’ 

 

8.) As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim is based and relies upon.

 

Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.

 

9.) As of this date the Claimants have yet to file and serve a copy of their evidence and statement on which it claim relies upon. In the event that they fail to comply with the courts directions dated 2nd April 2019 it is respectfully requested that the court considers imposing sanctions or even strike out of the claimant claim.

 

 

Statement of Truth

 

I, **************, the Defendant, believe the facts stated within this Witness Statement to be true.

 

 

Signed: _________________________ _______

 

Dated: _________________________ ___

 
Sent from my iPhone
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...