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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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Colz24

DCBL Bailiffs clamped fathers car for my debt - took £8000 to release

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Hi, hope that someone can help with some advice here.

 

To cut a long story short, I have had an ongoing dispute about some charges from a lease company when the car was returned to them a couple of years ago for non existent damage and excess mileage.

 

They filed a claim in the court to which I defended during a period that I was moving house.

 

We were for a short period of time in a hotel before we could move into our new house and a post redirection was set up briefly to my Fathers home.

When we moved, the redirection was then amended to my current address.

 

During this time a letter from the court has been lost, I had not been aware that there was a date set and carried on as normal. The last thing I knew was the claimant was to pay a fee or the case would be struck out.

 

Last week my Father (pensioner) was at his home and had two HCEO bailiffs on the doorstep. They had clamped his car and told him that they were removing his goods to pay for my debt which was £5000. My Father not knowing what to do has paid them over £8000 to leave.

 

I have never lived at my Dads address and after getting a copy of the writ from the court the only address mentioned was my old address.

 

I have complained to the bailiff firm but they have a process of 28 days to resolve, I need him to be refunded now, this should not have happened and so many rules have not been followed.

How would I go about this quicker.

 

Please ask any questions as determined to sort this for him, he has become sick as a result of this.

 

Meant to mention that this is DCBL

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Do a chargeback


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Last week DCBL turned up at Father'e house (who is a pensioner) and at a place I have never ever lived or been linked to and clamped his car. They made him pay over £8000 as they were levying goods and quite honestly bullied him.

How can they visit somewhere or someone not named on the writ?

How can they treat an old person like this?

How can they levy on goods that are not clearly connected to me?

How can they take payment from someone that is not named on the writ?

 

I really am not sure where to go with all this, it has put my Father in a deep depression

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Sorry, what is a chargeback? With the card provider?

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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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Do a chargeback

 

 

 

 

In this instance not a good idea, they will return & just remove goods. Then the process will begin about making a claim for the goods which could be protracted.


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I certain aspects I can understand that but not in this case??

the payee was not the named debtor and the named debtor has no assets there at all and never had.

 

dx


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I said the above because it will be easier to be able to do this without the threat of another knock on the door. While I appreciate your dad is £8k out of pocket at present. The problem you have is do you actually owe the money? It would appear that maybe a Default Judgment has been obtained against you possibly from an old address. Whilst it is true that you could apply for Set Aside on these grounds you could also just be swapping one CCJ for another if you do not have a good defence against the original claim.

 

 

Because no payment was made your Claimant transferred the matter to the High Court for Enforcement which is how DCBL have got involved. In turn they should have sent a Notice of Enforcement first warning payment was needed before a visit was made. Unfortunately DCBL have form for allegedly not sending the initial Notice out and when attending charging for 1st Enforcement, 2nd Enforcement & Sale Stage Fees all at once. If you have contacted DCBL then you should have asked for a breakdown of all the fees charged.

 

 

There are a couple of routes open:

a - with regard to what is said above you could apply for Set Aside and if successful then not only will this reset the Claim back to the beginning but all enfocement fees & charges must be repaid.

b - argue with DCBL over the fees charged - if you think you will be on dodgy ground for Set Aside

c - ask for a Detailed Assessment about the fees where DCBL can be forced to justify what they have charged.


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I certain aspects I can understand that but not in this case??

the payee was not the named debtor and the named debtor has no assets there at all and never had.

 

dx

 

 

 

 

In most cases I will agree but given who we are dealing with it is a different matter.


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yea that's the elephant in the room isn't it

play by their own rules everytime.


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yea that's the elephant in the room isn't it

play by their own rules everytime.

 

 

 

 

Not a very helpful reply unfortunately. DCBL will go down the voluntary route and possibly paying on behalf of a family member.


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bet their body camera footage will prove otherwise..

 

find the bit that's gets them saying..well you could pay this off on behalf of XXX but you don't legally have too..

 

you know and I know they pulled a fast one here.


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and all this happened whilst you did nothing to intervene?

HE needs to go to court as what was called an interpleader ( new name same process for a couple of years now) with proof of all of the above. He will get his money back

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bet their body camera footage will prove otherwise..

 

find the bit that's gets them saying..well you could pay this off on behalf of XXX but you don't legally have too..

 

you know and I know they pulled a fast one here.

 

Requesting a copy of 'body worn' camera footage is far from simple and even more so, in the case of DCBL.

 

In the first instance, the request would need to be made by the OP's father.

It is known that DCBL will make excuses for not providing a copy. Only a few days back I read a response from them where they claimed that the footage is only retained for Health and Safety and training purposes and that once viewed but their company, is destroyed after 7 days.

 

My understanding is that their reluctance to provide a copy is down to the fact that DCBL do not own the BWV's. They (and the footage) are owned by the TV/production company.

 

Coming back now to requests for BWV footage from other companies. Until about a year ago, it was the case that a copy of the footage would be provided on request. Because of the extremely high number of these videos that end up being uploaded onto YouTube, it is more commonly the case that a bailiff will be instructed to visit the debtor so that he can view the footage on a mobile device (iPad for example).

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Sorry, what is a chargeback? With the card provider?

 

Any request for a 'chargeback' would need to be made by your father and given that a period of approx a week has already passed, I would doubt that he would be successful. If the payment was made by credit card.....he would stand a better chance.

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Hi, I had no option to intervene as I live nowhere near my Father and I only learned of what happened after the event.

Just to add to this, they clamped a car that was on finance and a DVLA check would prove was not owned by me, they did release the clamp before any money was paid but were rummaging around his house apparently writing serial numbers of items down, they told him a van was 20 mins away but also when they first arrived said that they were looking for someone with an entirely different name. It was when he proved that he was not a "smith" for example that they actually said they were looking for someone with my surname which I share with my Dad.

They also did not have his address on the writ and to be frank it is quite obvious that nothing in that property would be mine. He felt bullied and towered over and he is a pensioner whom has never had anything happen to him like this before.

If he did the chargeback, they do now know that I am not present at that address, how would they be able to reattend, he did not sign any documents and was left with a piece of paper that has charges all the different stages of collection which he has paid, not once did the bailiff ask to speak with me or even mention me at any other point.

He has also complained to the company and bailiff as have I, I do admit I owe a small portion of this money(around 1000) but this has been an ongoing battle for some time

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Surely he has come back for chargeback as this was misrepresentation

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Hi,

I had no option to intervene as I live nowhere near my Father and I only learned of what happened after the event.

 

Just to add to this, they clamped a car that was on finance and a DVLA check would prove was not owned by me, they did release the clamp before any money was paid but were rummaging around his house apparently writing serial numbers of items down, they told him a van was 20 mins away but also when they first arrived said that they were looking for someone with an entirely different name.

 

It was when he proved that he was not a "smith" for example that they actually said they were looking for someone with my surname which I share with my Dad.

They also did not have his address on the writ and to be frank it is quite obvious that nothing in that property would be mine.

He felt bullied and towered over and he is a pensioner whom has never had anything happen to him like this before.

 

If he did the chargeback, they do now know that I am not present at that address, how would they be able to reattend, he did not sign any documents and was left with a piece of paper that has charges all the different stages of collection which he has paid, not once did the bailiff ask to speak with me or even mention me at any other point.

 

He has also complained to the company and bailiff as have I, I do admit I owe a small portion of this money(around 1000) but this has been an ongoing battle for some time.

 

The payment was done by a credit card and my Father can prove that this was paid due to misrepresentation surely?

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How did DCBL come to have his address on the debt and did they have yours ?


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I have absolutely no idea where the address details came from other than that we had redirected mail there for a couple of months, then amended and redirected for a further four months to where I live now.

 

Never been on the electoral register even in the county where my Father lives and my credit file has never been connected to there either

DCBL had my old address on the writ and that was it,

 

I called the court to get a copy of it which I have and no address other than that one is listed.

I am not hard to find, am on electoral register here as well as credit file reporting me living here (banks etc)

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Just to add to this, they clamped a car that was on finance and a DVLA check would prove was not owned by me, they did release the clamp before any money was paid but were rummaging around his house apparently writing serial numbers of items down,

 

It would not be normal to run a DVLA check at the time of the visit.

 

If your father had refused entry, I doubt that any payment would have been made but hindsight is a wonderful thing.

 

Has your father called his credit card provider?

 

Is the judgment against you registered at your father's address?

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this story gets more amazing by the minute, good it was a credit card

 

ive moved posts from another thread relating to this here too.

 

dx


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

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Wouldn't have thought it could be registered to Father's address if mail was simply re-directed. Perhaps DCBL did a faulty trace, they are not the sharpest chisels in the box.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Sorry for starting two threads.

 

He has started to do a chargeback under false representation, as that is what they have done.

 

They never listed any items and I do not live there and if they turn up again then he just needs to call the police (they told him that after the event). He feels like he has been burgled and is very depressed, hence me looking to make this right.

 

Should I report this bailiff now are after the compliant is responded to.

BTW they also said to him that they are from the TV programme and that the cameras were not with them today but can be in future!!

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