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    • 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    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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Mumanddad4

2015 PCN Edinburgh - Pollock Fairbridge Schiavone Solicitors threatening court action

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HI, apologies for randomly contacting you

https://www.consumeractiongroup.co.uk/forum/showthread.php?488162-VCS-final-demand-before-court-action

 

- I have received a similar letter from PCN today re a PCN in Edinburgh from May 2015-

can I ask what you did re your case?

 

It was def my car, but I was not driving it at the time of the PCN!!

 

Thanks

Edited by dx100uk
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your circumstances are vastly different as the law in Scotland is very different.

So far all you have got is hot air delivered by RM but tell us all about the event and we can tailor a suitable response should one be needed

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you are in Scotland...IGNORE!!


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HI,

 

I have just received a letter from Pollock Fairbridge Schiavone Solicitors with a heading - "DO NOT IGNORE - DEMAND BEFORE COURT ACTION". Reply within 7 days of letter dated 3rd October, I received it on the 8th.

 

This apparently relates to a parking charge on 9th May 2015 in Edinburgh, and associated reminder letters. PCN was £100, and with a debt recovery fee of £60 , totalling £160 due.

 

Although the car was mine at the time, I did not leave it there for the alleged time and I cannot remember which of the 4 people on my car insurance at that time, who was driving it.

 

Letter from the Solicitors has a very threatening tone, and to be honest I am not sure whether I am being scammed or whether these monies are actually due to them.

 

The original ticket - and any letters that were received relating to it - I do not have.

 

Help please. Before I head to a solicitors and incur even more costs.

 

Thank you.

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https://www.consumeractiongroup.co.uk/forum/showthread.php?488162-VCS-final-demand-before-court-action

 

Thread moved to the appropriate forum...please continue to post here to your thread.

 

Andy


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please complete this:

 

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

 

and scan up this silly letter to PDF please

read upload

 

thread title updated


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Ok short response.

 

" I was not the driver at the time, tell your client, Simple Simon, to go and bother the person who was."

 

 

as for you playing grandmothers footsteps by saying it could have been w,x,y or z as they are insured, I am insured to drive your car and people without insurance such as police officers and soldiers under orders can do so as well. You dont need to say anything, there is no keeper liability so it is for them to show who was driving at the time, not for you to give them clues.

 

 

 

And for their imaginary costs, they arent going to win a court claim so no costs apply

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your circumstances are vastly different as the law in Scotland is very different.

So far all you have got is hot air delivered by RM but tell us all about the event and we can tailor a suitable response should one be needed

 

 

Thank you for your help here.

I am really worried about this.

I did receive a PCN and a further request for payment but was advised that this was not actionable in Scotland

- ie I didn't have to pay, and I did not leave my car there.

It was definitely there apparently but not by me.

 

I have no idea where the original paperwork is as I probably binned it after a year.

I suppose, being an avid TV watcher, that I am concerned I will get a bad credit score (after 5 decades of having a good one) and that the case will be taken to court and judged without my knowledge. M

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unless they get a decree, which they cant, nothing can show on your credit file.

and you will never need a solicitor no matter what happens

 

IMHO you've ignored to date.

you are in Scotland POFA etc does NOT apply so they cant just take you to court assuming you were the driver even if they could.

 

and

as there is no such thing as trespass in Scotland so again that's the only other reason they could do court...so it aint going nowhere.

if you could possibly scan up this letter you got to PDF please so we can see it [read upload] we can better advise.

 

as long as they have your correct address, i'e you've not moved since the event and you car is registered to your present address and not an old one then their is nothing they can do without you knowing about it.

 

so...absolutely nothing to be worried about....you continue to ignore

 

dx


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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I am sorry I have tried to upload the letter with no success - obviously not to pc literate. I have taken a photo with my phone but am happy to type the whole thing in this text box thingie if that would work? And thank you SO much for your help so far. M

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have you redacted the photo so all pers info is blocked out

if so use officelense program rad the guide


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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so what? there is no POFA in Scotland so they cant win that argument.

Send what I have written and stop fretting about stuff you see on the telly that has no bearing on your case.

 

The more strident you are the less likey they are to want to start a fight they cnat win. They use the threat fo court to coerce you into paying money you dont and cant owe but that abuse of process wont stop because it works 85% of the time. Be part of the righteous minority.

BTW Simon Renshaw-Smith is the owner of VCS, Excel, Mr Clampit and other companies. He has in the past told judges they dont knwo their job and then wonders why he loses his speciosu claims. Using a soliciotr to write a threatogram is designed to make you think there must be some gravitas to this. Nope, soliciotrs just rub their hands and count the money without giving a s*** about the morality ior rights of the claim.

 

 

Thank you for your help here.

I am really worried about this.

I did receive a PCN and a further request for payment but was advised that this was not actionable in Scotland

- ie I didn't have to pay, and I did not leave my car there.

It was definitely there apparently but not by me.

 

I have no idea where the original paperwork is as I probably binned it after a year.

I suppose, being an avid TV watcher, that I am concerned I will get a bad credit score (after 5 decades of having a good one) and that the case will be taken to court and judged without my knowledge. M

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