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    • doesn't matter you've admitted about the DN and anyway where have you done that and to whom?   by assignment arrows are the creditor regardless to your acking of that fact or not.      
    • Just ignore the letter.   Block/bounce their emails or let them come through so you know what they're up to, and keep us posted.............   😎
    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • For PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH       For either option, does it say which appeals body they operate under. Yes    …………………..     This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system.   The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see.   The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system . I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.      My statement and evidence to POPLA. in response to CE evidence highlighting main arguments.   Par 18 . The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured...….. Me Not from where I was parked. A photo from the bay shows a pole with the sign facing away.  Par 18 . Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.......  Me I treat this paragraph with contempt. There is nothing to "highlight" here as I maintain I did not see any signage; Regardless ? I could have legally parked right outside the Surgery as there were spaces at the time but having "regard" for disabled and elderly, parked further away having to cross a busy road to the Surgery. Par 20....,. Furthermore, the Appellant failed to utilise the operator’s helpline phone number,,, (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.... Me How could I have done this ? I only realized there were signs there when the PCN arrived. Summary. I stand by statements and maintain that I did not see any signage entering or leaving the car park. The main sign at the entrance is too small and easily missed when you have to turn right though busy traffic and once through carefully avoid pedestrians, some walking their dogs. The main sign is blank at the back. When you leave the car park I would have noticed the private parking rules if the writing was on both sides. Roadworks signs close to the parking sign at the time did not help either. [see photo] CE evidence is flawed, illegal and contemptuous. Photos submitted are from months ago, Today I have driven into the car park and noticed the same signs turned 90 degrees including the one opposite my bay. CE have done nothing to rectify this disregarding my evidence and the maintenance of the car park. Showing number plates is a total disregard to patients privacy and I object to these photos being allowed as evidence on the grounds that they may be illegal.    POPLAS assessment and decision....unsuccessful   Assessor summary of operator case   The operator states that the appellant’s vehicle was parked on site without a permit. It has issued a parking charge notice (PCN) for £100 as a result. Assessor summary of your case   The appellant states that he parked on site to attend a dental appointment. He states that the terms of the site had changed since the last time he parked two years ago. He states that signage at the entrance to and throughout the site did not make the terms clear. The appellant has provided various photographs taken on and around the site. Assessor supporting rational for decision   The appellant accepts that he was the driver of the vehicle on the date in question. I will therefore consider his liability for the charge as the driver.   The operator has provided photographs of the appellant’s vehicle taken by its automatic number plate recognition (ANPR) cameras. These photographs show the vehicle entering the site at 14:17 and leaving the site at 15:13. It is clear that the vehicle remained on site for a period of 56 minutes.   Both the appellant and operator have provided photographs of the signs installed on the site. The operator has also provided a site map showing where on site each sign is located.   Having reviewed all of the evidence, I am satisfied that signage at the entrance to the site clearly states: “Permit Holders Only … See car park signs for terms and conditions”.   Signs within the site itself clearly state: “DENTAL PRACTICE PERMIT HOLDERS ONLY … ALL PATIENTS AND VISITORS MUST REGISTER FOR A PERMIT AT THE PRACTICE RECEPTION ... IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100.”   The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice.   The operator has provided evidence to show that a search for the appellant’s vehicle has been carried out against the list of vehicles for which a valid permit was held on the date in question. The appellant’s vehicle does not appear on this list.   The appellant states that he parked on site to attend a dental appointment . I accept that this may have been the case, however I do not accept that this entitled the appellant to park on site outside of the terms.   The appellant states that the terms of the site had changed since the last time he parked two years ago. The operator’s photographs of the signage on site are dated 27 March 2019.   It is clear based on these photographs that the terms had been in place for at least three months by the time the appellant parked, which I am satisfied was a reasonable period for any regular user of the site to adapt to any change to the terms.   The appellant states that signage at the entrance to and throughout the site did not make the terms clear. He has provided various photographs taken on and around the site.   As detailed above, I am satisfied based on the evidence as a whole that signage made the terms sufficiently clear. I am satisfied from the evidence that the terms of the site were made clear and that the appellant breached the terms by parking without registering for a permit.   I am therefore satisfied that the PCN was issued correctly and I must refuse this appeal.   docs1.pdf
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SouthernWater/UKsearchLTD/Shulmans court claim form

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I received a court claim form on the 7/11/18 (issue date 5/11/18) for unpaid water charges amount totaling £5,095 for the period 1/4/2007 to 31/3/2019

 

I have lived at the property for longer but never actually paid anything for water rates, due to being unemployed and not being to afford it.

have been i receipt of yearly water bills and various uk search limited letters for amount owing.

recently shulmans got involved and sent a few letters before court action.

all of which i have ignored due to large debt amount.

 

I have rung up northampton county court to verify if the claim form was send by them.

they acknowledged the letter and told me the service date is 10/11/2018.

 

Any advice on how to proceed would be very much appreciated as i'm unsure of what i can do and how to go about it.

 

I rang southern water yesterday and enquired to my account and was told it had gone over to their litigation team.

I have not rung their litigation team as of yet as i dont want to say the wrong thing.

 

Thank you in advance for any help offered

Edited by dx100uk
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Just off to work now, will try and get a reply done around 6.30pm while on break

Thank you for response

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Thread moved to General Legal Issues Forum...please continue to post here to your thread.

 

Regards

 

Andy


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Name of the Claimant : southern water services

 

Date of issue : 05/11/2018

 

Particulars of Claim :

1.The claimant is a statutory water and sewage undertaker pursuant to the water industry Act 1991 (the act)

 

2.The claimant claims the sum of £5,094.64 for unpaid water and/or sewerage charges payable under s.142-144 of the Act and Claimant's Charges Scheme.

 

3.The unpaid sum of £5,095 is for water and/or sewerages services provided to the Defendant(s) at ###################

For the period 01/04/2007 to 31/03/2019

 

4.The Claimant claims interest under section 69 of the County Courts Claim Act 1984 at the rate of 8% a year from 01/04/2018 to 02/11/2018 on £240 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £1.12

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Received letter from shulmans llp - letter before court action

 

What is the total value of the claim? £5,094.69

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Water

 

When did you enter into the original agreement before or after April 2007 ? Been at the property longer than 1/4/2007

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Don't know

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. SW

 

Were you aware the account had been assigned – did you receive a Notice of Assignment Just standard letters from uksearch Ltd acting on behalf of southern water

 

Did you receive a Default Notice from the original creditor? Received a bill totally the amount owed only

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Received yearly totals of debt owed only

 

Why did you cease payments? Haven't made any payments

 

What was the date of your last payment? No payments

 

Was there a dispute with the original creditor that remains unresolved? No, however I remember asking southern water to send copies of all bills but this was before 2007 and never received them

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Not that I can remember

Edited by dx100uk
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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

[adapt the current account version].. ask for copies each yearly bill from 2007 to present day and any other paperwork they intend to rely under the claim.i

.

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.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Will get MCOL done in the morning and have

CPR 31:14 hopefully all ready to post on Monday.

Thank you for advice

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get both done tomorrow!!

that will be 7 days already wasted of your allowed 33days if you wait till monday


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On CPR 31:14 , do I remove bullet points 1 to 6 or 2 to 6 and add the request for all bills 2007 onwards and other relevant paperwork?

Sorry if it seems like a silly question, I just don't wanna send it off and it be wrong

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Yes..blue bit above good work!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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I have responded on MCOL website and have sent CPR 31:14 off as recorded delivery.

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Thank you so much for your help and advice

 

 

In regards to the response pack sent with the claim, do i need to send it off aswell even tho i've acknowledged claim online?

what should be my best way in moving forward with my defence?

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No...start looking at others here for style form and layout


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Dont forget to inc the bills outside of 6yrs are statute barred too


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Will have a look and start getting my defence ready

Thank you again for advice

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Getting somewhere with my defence, but before I post up on here to ask if it's ok, I just need a little help wording the following.

 

When I received county court claim, I rang up southern water and explained that I hadn't received any bill and had now received court claim. The lady I spoke to said, they couldn't take any payments from me until the amount on the account had been zero'd as it's been passed onto there litigation team to deal with. I was given a phone number for this team but was hesitant to call it. I have since rang the number and it turns out to be uk search limited. No details were given over phone.

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Was wondering how to write that and include it in my defence?

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Why do you want to include that in a defence?.....you only respond to the particulars plead in an initial defence....Accept or Deny


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Ah ok, sorry am very much a noobie to all this. Thought I might have to expand on the accept or deny to the particulars

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Plenty of water utils claimform defences on cag

Use the search cag box oof the top red toolbar


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Quick update.

 

Just got in and have received alot of paper work from shulmans.

 

Mainly southern water household charges scheme from years 2012 to present

Also yearly bills and a few default notices, from 2009 to present as they don't have paperwork for prior years.

 

My cpr request for "any other documents you intend to rely upon under the claim" was invalid under rule 31.14 as it wasn't stated in the particulars. "

The request is entirely disproportionate and unreasonable at this stage".

 

They provided all yearly bills.

But stated in the annex as 1 April 2009 to 31 March 2009 (surley a typo)

They have recalculated the balance on the claim and applied a credit of £2,304.07 for period upto 30 September 2012. In order to remove statute barred element.

 

In addition the most recent bill has me charged for a 2 bedroom when infact this a 1 bed flat.

Rang southern and they have amended that bill and last year's based on me being a single occupant.

Edited by dx100uk
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so what are SW going to do about the claimform/claim?

its obv now incorrect?


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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

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The CAG Interest Tutorial Read Here

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That's what I was thinking...

Shulmans have stated that they've recalculated balance to 22 November 2018.

£3,119.98

Interest at £0.61 until judgement or sooner payment.

Shulmans invite me to make full payment or to forward a reasonable offer of repayment for our clients consideration.

 

This figure includes amended court issue fees(£105), legal representative costs on issue(£80),interest calculated 1/4/2018 - 22/11/2018 (£144.36)

Balance outstanding (£2,709.62)

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but that's not what the claimform states.

can you not simply ring sw, make an arrangement and get them to drop the whole claim as it was wrong figures, that way no legal fees and that will put shulmans back in their box


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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