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    • Apologies, misunderstanding on my part. I was thinking of a shop called Cotswold. Please ignore me.   HB
    • 1st Draft - reviewed several statements    I was a bit unsure about adding more about the section 78, although they took a very long time the did provide the CCA - any help appreciated    In The *******County Court Claim No. ********* Between **********Claimant and *************** Defendant     I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.   1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchase’s debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   3. It is accepted that I have in the past had financial dealings with HBOS. That being a Credit card Agreement.   4. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   6. I therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request for the alleged amount.    7. A Letter before claim pursuant to Pre Action Protocol was issued by the claimant 06/09/2019. I made a request for the following documents:   ·         A copy of the Default Notice ·         A copy of the Notice of assignment ·         A complete set of statements detailing exactly how the debt has accrued detailing ·         All transactions ·        Any additional charges applied since the account was terminated ·         A statement  of all payments received.   The claimant to date has failed to comply completely with my request and has not provided me with the required Default Notice.      8 .On the 13/11/19 the claimant issued a claim form through the county court business centre. On receipt of the claim form I made a CPR 31.14 request.    9. A CPR 31.14 request was sent 25/11/2019 via Royal Mail signed for and shows as received 27/11/19. A Request for the following documents was made:   ·            Default Notice ·            Full statement of account     The claimant to date has failed to comply and disclose the default notice.   Conclusion   To date no Default Notice has been produced.    The claimant has still yet to comply with my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant.   Arbitration confirmed that the claimant could not produce the Default notice document    Therefore for the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.   Until such time the claimant can comply and disclose a Default Notice they are not entitled while the default continues, to enforce the agreement pursuant to section 87 (1) of the Credit Consumer Act 1974.    I **********, the defendant, believe that the facts stated in the witness statement are true.     Signed…………………………. Dated……………………………
    • time for an sar first make sure you read all the posts in the sar link too.   dx  
    • its a car park at the side of a lake   simplest thing to do is ignore them until or unless you get a letter of claim.   then comeback here.   i will gather you didn't buy a ticket at all?   dx  
    • Hi HoneyBee13,   Thank you for your time - The nearest cornerstop is about a mile away in South Cerney village.   Kal
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Stormbitch

An expensive £780 cinema ticket - court action advice

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Noting the branding on a cinemas car park, I parked to watch a film.

 

Not noticing any clear notifications to pay, they clearly are there. Naturally this is a Br2ttaN3a managed carpark.

 

I now have two letters.

 

1. Letter before action from the dubious BW

2. A final 16 day demand before court.

 

I have done the following but have had no response.

 

1. Recorded delivery letter to parking management company, asking for evidence, print outs, and offence.

 

2. Recorded delivery letter to BW asking for data restriction. ( they replied saying not applicable )

 

3. Letter to my MP

 

4. Letter to the cinema asking for them to make their signs to the car park clearly state you have to pay - and to step in and make contact.

 

I enclose the two letters.

 

I have sent a follow up email to the cinema stating I will write to the board and the local press - and that my complaint is under unfair contracts.

 

Shall I post the letters here, obviously edited?

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Post documents in PDF format please.

 

Have you taken pictures of the car park and signs et cetera?

 

What do you mean by "data restriction"?


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so where does the £780 come from? You have told us nothing useful about how this all came about Start again with date, time, place. patking co, whether you got a screen ticket or a letter through thepost with ANPR capture, what date this letter was sent, when it arrived, what correspondence you snet them and what they said in response, whether you appealed following the protocols or not and anything else.

After that we need pictures of the site from the public highway, pictures of the signage and any associared machinery and who the cinema is as if it is a chain writing to the local branch will have no effect as they dont make any decisions.

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Gte this sorted pronto and we can suggest a suitable response that may well yurn the tide. Even if it doeant it will show that they will be on to a hiding to nothing if they do go to court

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