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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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ECP/Gladstones PCN claimform - operator Photos - Chamberlain Buildings,


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just the usual 2 or 3 lines one we always use roland.

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... 

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I have taken the points below from Ericsbrother's earlier post to use in my defence, would this be sufficient.

  • You have failed to produce a contract with the landowner that assigns you the right to enter into contracts with the public and to make civil claims in your own name so I do not believe you have " locus standi" in this matter.
  • I further believe that you have failed to get consent for the signage under the Town and Country Planning Act 2007  and thus the signs offering terms are there illegally.
  • Therefore it is not possible to enter into a criminal compact so there was no contract between the claimant and the defendant.
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The claimant

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... 

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On 04/04/2019 at 17:22, roland60 said:

Thank you ericsbrother for getting back to me, interesting to know that they have no contact with the landowner.... I haven't filed the defence yet which is due next week and i do need some guidance in putting one together, would appreciate it, thanks.

 

 

I didnt say they had no contract, I said they havent produced one so you can say you do not belive they have one  as a statement of truth. There is a big difference

You must read what is there carefully and not read into it things that arent there. with your version you will  be screwed if they produce one at the last moment, with ours they will be forced to produce one or fall at the first hurdle (locus standi - right to make a claim)

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I will be submitting my defence today as its due this week, please check if it 's good to go. Thanks

  • The claimant have failed to produce a contract with the landowner that assigns you the right to enter into contracts with the public and to make civil claims in your own name so I do not believe you have " locus standi" in this matter.
  • I further believe that you have failed to get consent for the signage under the Town and Country Planning Act 2007  and thus the signs offering terms are there illegally.
  • Therefore it is not possible to enter into a criminal compact so there was no contract between the claimant and the defendant.

 

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Hang fire and wait for ericsbrother and co to offer advice. You need to expand a little on that, and also don't use "you" - use "the claimant" or "they".

 

Also, what about the capacity in which they're pursuing you - driver or keeper? Has the driver actually entered into a contract with them....i.e. no period of parking? Have they created keeper liability by complying with POFA? These are possible lines of defence that you need to ensure are available to you further into the process.

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yes, make sure that you use the third person so not you or I but claimant and defendant.

 

also dont join each point by saying therefoe, let them stand alone and number them 1,2 and 3

 

so

 

1. the claimant has failed...... so the defendant does not belive they have locus standi in this matter.

 

2. the defendant believes that no planning consent was obtained for the sigange  as required under the Town and Country Planning Act 2007. this means the signage is there illegally and it is not possible to enter into a criminal compact.

 

3. In any case there was no contract between the claimant and the defendant so no cause for action.

 

this last point allows you to chuck in anything else you want to if it gets as far as a hearing including questioning in what capacity they are chasing you.

 

you could make this another point but I would wait until you get the allocation letter and then return that with a letters saying that they havent followed the Civil procedure rules regarding showing a proper cause for action and ask for the claim to be chucked out for being rubbish.

 

You may get lucky but what normally happens is they are asked to rewite it or they get questioned about it by the judge on the day before you get a chance to say anything.

 

As they are using a lwayer there is no excuse for shoody paperwork but they get away with it a lot of the time because it doesnt get challenged

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If you could please check the defence before I submit it today, thanks

 

1.    The claimant has failed to produce a contract with the landowner that assigns them the right to enter into contracts with the public and to make civil claims in their own name,  so the defendant does not believe they have locus standi in this matter.

 

2.     The defendant believes that no planning consent was obtained for the signage as required under the Town and Country Planning Act 2007, this means the signage is there illegally and it is not possible to enter into a criminal compact.

 

3.     In any case there was no contract between the claimant and the defendant so no cause for action.

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Compact is fine too and tends to be preferred in this context.

 https://legal-dictionary.thefreedictionary.com/compact

(I know that's an American site, but it came up first and it's too late for me to filter :-) )

Better - https://en.oxforddictionaries.com/definition/compact#h70028605475880

Edited by Mrs O'Frog
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Never knew that.  And I'm an English teacher!!!  I thought it was a typo.  Cheers Mrs O'Frog 😀

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in just about every Gladstone claimform thread here already roland 

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... 

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Yes the typical, oh damn there is a robust defence that will give us problems if the defendant wants their day in court, so we will try to get it "On The Papers" best to ignore Gladdys and insist on a proper hearing,

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 OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

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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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see any other post in this regard,

 

they are right that they need to do it to save their clients money becuse they haven't been honest about the costs of prosecuting the claim and the business model relies on you wetting yourself and paying up, not fighting them in court.

 

they will cause their clients to lose £75 whether they win or lose the claim because they do this on a contingency fee basis and don't attend themselves but have to pay a local solicitor to turn up at a moments notice and they have allowed only £50 for their services and this attendance in their claimed costs.

 

so you ignore them and tell the courts that you need an oral hearing so you can cross examine their witnesses.

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  • 2 weeks later...

so if they send in a letter to court asking for it to be heard on the papers you object, other than that it will go to your local court for a time to be set for a hearing.

This is when the muppets usually give up as they know they have been rumbled. It is also common for them to wait until they see your defence before chucking the towel in  but if the discontinue after that date you can go after them for  a costs order for wasting your time by their unreasonable behaviour under CPR 27.14.2(g). We will help you out with that letter nearer the time, you use the same if they turn up anyway as the claim is pants ( written badly) and they know it has no real prospect of success

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  • 2 months later...

Hi All

 

The claimant were given time to pay court trial fee of £25 or file a properly completed application, which they just paid before the deadline. Now the hearing will take place on 23rd August.

My dilemma is I have had an accident at work that shattered the bone in my toe, which I have to keep elevated and can't put any weight on for 4-6 weeks.

Is it possible for my brother to attend on my behalf and what are the chances of them turning up?

 

Roland

 

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  • dx100uk changed the title to ECP/Gladstones PCN claimform - operator Photos - Chamberlain Buildings,

I'm no expert, but I don't think that anyone else can represent you.

 

Best to write to the court with medical proof & ask for an ajournment.   

 

But await the experts in the morning. 

 

 

We could do with some help from you.

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you can pay for a solicitor to attend but if you gEt a lay rep YOU have to be there. 23rd aug is miles away and TBH a broken toe isnt that bad, i have bust mine a couple of times and4 weeks to let it heal is plenty of time.

 

Now set about writing your witness statement and gathering all of your evidence together including pictures, copies of other relevent cases, evidence of lack of planning for ther signs and equipment etc.

 

When you do your WS the first thing you do is rubbish the details of their POC saying that it conflates the driver/keeper to being the same when they arent and deny being the driver at the time if applicable and then point out that they ahvent stuck to the POFA so no keeper liability so why are they suing you and also lay into their charges as the POFA only allows them to demand the amount on the NTK form the keeper and not a penny more. the request that the claim be booted out under CPR 16.2.

 

after you have completed the WS and evidnec bundle you write a short letter asking for a full costs recovery order for the unreasonable conduct of the claimant under CPR 27.13.2(g) and include 5 hours research time @£19.50/hr plus stationery, travel, loss of income etc. Itemise every penny

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