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    • I have added their poc in your above post for clarity.   you need to address para 3.    bump point 3 forward down 1 number and add in:   3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor .    if mcol is still flaky ….   MCOL is only one way of responding to a claim.  . If you are having problems logging in, or would prefer not to use MCOL,  you can fax, email or post your response to the Court instead.  If you send your response by e mail  please send it to ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim defence response” and quote the claim number in the subject field.  . neither by email nor MCOL do you need to inc I confirm that the above facts and statements are true to the best of my knowledge and recollection.
    • you should have done the pictures weeks ago not leave it till 1 min before you need to file a defence. you've been here +6yrs and have numerous court threads and numerous private parking ticket threads  but somehow always seem to screw up one way or anther..   if you look on google earth street view you can see the cameras and the entrance/exit layout which matches the photos from that link I gave you and your upload which I've now redacted properly now .   POC   1.Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019.   2.The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract).    3.ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period.   4.Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach.   5.As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)).   defence:   1. i am the registered keeper of the car Reg No. xxxxxx mentioned in the claimants claim.   2. the defendant denies that any monies are due to the claimant because there was no breach of contract to create a cause for action.   3. The claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied.   4.The defendant denies exceeding any free parking time in addition to said grace period as neither the land owner who may have employed the claimant to manage parking with a current paid for contract covering the date of the overstay nor the claimant have any legal authority to vary any free parking period granted by the relevant council upon issuing the original planning consent for the entire walkden retail park.    needs firming up people...   you can file by email if MCOL is playing up still though from research today 99'9% of all PPC claimforms are being postponed for many months by all courts now,      
    • OK, excellent, please take pix both of KFC signs and also the signs in the surrounding car park, as I reckon that KFC has unilaterally tied to change the permitted parking time in their bit of the whole car park.   Also park in the main car park, not KFC, as I've read reports of invoices being issued for motorists who have parked in the KPC bit even if it's closed at the moment!!!   Could you reply to what I asked in post 57 please?  If you don't reply, it's difficult to give appropriate advice.        
    • I’ll get a picture of the signs tomorrow and see where I get ringing the council about the planning. Also how long do I have to get the defence in? I know you said I will have leeway but I can’t have that much.    Thanks  Andrew 
    • now read the letter properly and carefully.... doesn't say WILL anything...   unless you are purposefully buying these in bulk and knowingly doing it their client will not be the least bit interested in you.
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Reed313

Welcome want to offset PPI against loan subject to failed CCJ Attempt

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Sorry for the long post.

 

I had several loans from welcome in the early 2000s and on the last one i thought had finished and welcome said i had another year to pay and i disagreed.

 

Welcome took me to court in around 2008 and the judge threw it out and agreed with me.

 

I have recently claimed ppi on the loans and it was upheld but i have received a letter stating that i owe over £3000 and the debt was sold to a third party and the money would be offset against the debt.

 

I called welcome and said what had happened at the court and they said they have no record of them taking me to court and the onus is on me to prove they took me to court and i dont have the papers cause it was such a long time ago.

 

I have called the court and they said as a judgement was not made against me then they would have closed the case and also have no record of it.

 

What can i do???

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retitled and moved to the welcome forum

 

sadly regardless to them losing the case they can still offset.

losing a CCJ doesn't prove you don't owe them anything on their books

the debt still exists.

 

they would have to buy the debt back from the DCA

and prove this by NOA

but we've seen this before sadly.

 

have you sent them an sar to prove they have no data?

 

if not do so.

 

were all the loans prior to 2005?

and were they a refinance chain?


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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No i haven't sent an sar, the judge agreed that i didn't owe them anything.

It seems so unfair.

Am fighting a losing battle?

 

yes the loans was before 2005

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well if they are saying you owe them money they must have proof

so sar time!!

 

get everything they hold eh?

 

ideally you should never do a PPI reclaim without an sar.

as how do you know the claim is even correct?

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I have all the original paperwork including the ppi documents and was told by the man that i had to have the ppi to get the loan. I will request for a sar.

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yes quite typical...

 

were these a chain?


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Yes they was

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then I bet they have not calculated things properly

each time you took a new loan the PPI from the previous one would have had extra interest added to it in the rollover and even MORE ppi added with even more int each time.

 

how did you calculate what you were due back?


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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They did the calculations and sent it to me. They also up held 1 hire purchase ppi and 1 loan ppi but declined the second loan ppi.

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urm..pers I wouldn't trust them as far as I could kick them.

 

are they lumping ppi refunds prior to agreements in 2005 with stuff after 2005

and if I said FSCS does this ring any bells with what they have written?

 

might be beast to scan up what they have returned with to one multipage PDF

read upload.

 

both prior and post 2005 can be refunded against an outstanding debt yes

but these each come under differing rules

 

they cant just lump all the PPI refund as one lump and say that's coming off a claimed debt.

 

it needs careful investigation


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Is there any way i can send it to you to have a look?

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read what I said about upload


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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names showing on one sheet ...now hidden

 

write back refusing the offer

enc an sar.

 

this smells


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thank you, i will do that

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