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    • My ex Landlords and I have been come to a settlement agreement to avoid going to is a big weight off my shoulders. It was less than I initially asked for but am happy to leave the stress behind. I’ve also made a small donation towards the running of this platform.  Thanks to envy/everyone who gave me some help and advice on this matter.  
    • Ok, this is what i have typed out so far. I just to refer to the evidences i have and put it in a good order. Just another point to clarify in my write-up, the address i was living in was different to my address on my driving license as it was only short term so i never changed it, so all the NTK's were sent to my Licence's address yet i never actually received the intent to claim at that address (it is my parents) i have mentioned this in my write up. please have a look and let me know what you guys think.   Claim from: County Court Business Centre Claim No. XXXX Judgment Date: 02/01/2019 Claimant: UK Parking Control Ltd Defendant:  XXXX   Witness Statement 1.       I lived at the address, XXXX from 06/12/2014 to 05/06/2015. 2.       Between 20/12/2014 and 10/01/2015 I received 7 parking charge notices from UKPC. 3.       I contested the charges and corresponded with the claimant by post and email on several occasions, an example of both can be seen in the attached supporting evidence. 4.       My appeal was upheld for the first two charges and these were cancelled by email as can be seen in the supporting evidence, yet they were included in the claim. 5.       I wrote a letter to UKPC on 25/02/2015 informing them that I received 7 charges yet I received no notice to driver on the vehicle and that I spoke with an employee on 06/02/2015 who advised me that I request they be revoked which UKPC refused to comply with. 6.       I wrote a final letter of correspondence to UKPC on 31/03/2015 requesting that before the matter escalates any further, I would like UKPC to send me any and all relevant evidence regarding the alleged breaches of and if I did not hear from them within 14 days ( by 14/04/2015) I would consider the matter closed. I received no such evidence from UKPC on request, only a letter dated 15/04/2015 stating that they had made their final decision. 7.       I received no further correspondence from UKPC and assumed the other 5 charges had been cancelled. 8.       I moved to my new address on 05/06/2015 which was 66 days after my final letter of correspondence and I still had received no evidence for the accused breaches. 9.       I am unaware of UKPC having sent further correspondence to my former address, but if they had, I was not aware of this. I had always corresponded with them in a timely fashion previously. In the absence of a response, they should have had reason to doubt that the address was still my place of residence. 10.    UKPC sent all Notice to Keepers to the address XXXX, yet when it came to sending the claim documents and court documents, there was no receipt of these which leads me to believe UKPC had sent it to the where I lived previously XXXX. Therefore, if UKPC knew my address from my registered keeper details, I fail to understand how they did not manage to send me all the correct documentation to the same address as the notice to keeper.   Defense Below are the key points which constitute my defence regarding the alleged breaches of contract. Supremacy of contract, due to being a tenant on the property (as seen in evidence referenced page 3). At the time of the claimant issuing the tickets, I was a tenant on the property which provides me with supremacy of contract. The tenancy agreement has precedence over the contractual agreement that UKPC issued the charge under. 1.       Signage. The signage at the entrance and inside the car park reads “no unauthorized parking” and “Permit holders only”.  As I was a tenant at the address and was provided with a permit and a fob to open the shutter to gain access to the car park, I was authorized to park at the address and I was a permit holder, which can be seen in the evidence provided. 2.       Contract. I deny that I ever entered any contract with UKPC. A contract is an agreement between 2 or more parties where terms and conditions are discussed and agreed upon and signed into, which I deny ever doing. Furthermore I was in a contract with my landlord held by my tenancy agreement allowing me to park at the address in the allotted bay. 3.       The practice direction on pre-action conduct was not followed - No intent to claim was ever received at the address that UKPC had where they sent the Notices to keeper. Furthermore, I was not provided with any documentation regarding the alleged breaches, despite requesting it (as seen in evidence referenced page 1). 4.       UKPC had previously sent Notices to Keeper to my correct address but had not attempted to contact me at my correct address regarding the claim which UKPC was in possession as seen in all the notices to keeper. Furthermore they could have tracked my address via the electoral roll. 5.       Two of the parking tickets (pcn ref. XXXXand pcn ref. XXXX), which form part of the claim, had in fact been cancelled by UKPC on 11 March 2015 (as seen in evidence referenced pages 4, 5 and 6), therefore the claim made against me was not valid as 2 of the pcn’s have been cancelled and are no longer valid. 6.       No Notice to Driver was placed on the windscreen of the vehicle with the exception of 10/01/2015 where I appealed the charge. Therefore under POFA 2012 schedule 4, the time by which the Notices to Keeper should have been received were overdue. 7.       No notice to keeper was ever received for two of the charges (1255650100601 on 10/01/2015 and 1255650050516 on 05/01/2015 which is a violation of POFA 2012 schedule 4. 8.       Lack of Evidence. There was no evidence provided to myself showing the alleged breach with the number plate of my vehicle in view and any signage in view. There are only the images of the back of the vehicle showing the bay number and the vehicle registration printed on the notices to keeper that were provided.       Below is the chronological order of events as they took place.   I lived at the address XXXX between 6 December 2014 and 5 June 2015 (as seen in evidence referenced page 3), where there was private underground parking which was Managed by UKPC. The parking provided was closed off by an automatic shutter gate which required a remote to open. This is where i received a total of 7 parking charges in the space of 1 month - despite displaying a valid residents parking permit which was provided to me by the letting agency as part of my tenancy lease agreement ( as seen in evidence referenced page 3). The charges were received by me as Notices to Keeper at the address XXXX. After a lengthy and unnecessarily difficult appeals process, the first 2 that were issued (pcn ref. XXXXand pcn ref. XXXX) were cancelled by UKPC (as seen in evidence referenced pages 4, 5 and 6). I then received yet another 5 charges and after numerous correspondence back and forth where they became uncooperative and failed to provide me with the evidence requested (as seen in evidence referenced page 1), at this stage the cost escalated from £15 to £160 for the 5 tickets and they stated that they felt the tickets were issued correctly then refused any more correspondence regarding all tickets. I responded with a final letter in reply (as seen in evidence referenced page 1), stating that if they did not provide me with any and all evidence for each ticket within 14 days (from 31st March 2015) I would consider it an admission of incorrectly issued tickets and the matter concluded. I did not receive any further correspondence from UKPC and assumed the matter was closed. In February 2019 during a routine check of my credit report, I found that I have a default CCJ had been issued against me due to court action taken by UKPC without my knowledge, for all 7 tickets totaling £1,270 including fees. No intent of claim was received at the address XXXX yet this is the address where the notices to keeper were originally sent.   I believe the claimant has behaved unreasonably by not agreeing to the the appeals when a permit was provided, Not providing Notices to keeper either in time or at all, not using the correct address which they had used to send the notices to keeper. According to publicly available information my circumstances are far from being unique. UKPC’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system. Statement of Truth: I believe that the facts stated in this Witness Statement are true.
    • Sorry to be a bother but is there something I am forgetting to do.   Sent sar request but no response yet from shop direct.   Do I need to resend or not?   Just worried as this will soon be in court apparently thanks pete
    • @dx100uk thanks! Took absolutely ages on my phone to edit them. Apparently I can do at least one thing right lol      
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Tbirdo

PRA/Barclaycard Court Claim Form

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hello everyone.

 

just started this thread for a colleague, who needs some advice and is not very good with computers.

 

history of debt

 

Barclaycard credit card 01/2008

debt management 08/2009

 

arranged with Barclays a reduced payment plan which was accepted while on the debt management plan.

 

PRA GROUP was assigned the debt from Barclaycard 08/2015

 

Last payment made 02/2018

Name of the Claimant ? PRA Group

 

 

Date of issue 17/01/2019

 

 

What is the claim for –

 

1.The claimant claims the sum of £1834.29 for an outstanding debt owed.

 

2.On 22.01.2008 the defendant entered into a an agreement with Barclays Bank PLC for a credit card under reference …..

 

3.On the 06/2018 the defendant defaulted on the agreement with an outstanding balance of £2019.29.

 

4.On 17/08/2015 the debt of £2301.02 was assigned to PRA Group(UK) Ltd. Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925.

Payments of £434.52 were received up to 06/06/2018 and adjustments have been applied in the sum of £32.21.

 

5.AND THE CLAIMANT CLAIMS

1. The sum of £1834.29

 

A Barclaycard CC debt £1834.29 + court costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (pre action protocollink3.gif) ?Yes

 

What is the total value of the claim? £2019.29

 

what is the claim for:Barclaycard credit card

 

When did you enter into the original agreement before or after April 2007 ? 01/2008

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?NO

 

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.Debt purchaser PRA

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't remember receiving this information

 

Did you receive a Default Notice from the original creditor? No, after ringing Barclaycard they claim that the account was never defaulted.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Just letters from PRA stating you are behind with your payments

Why did you cease payments? Got into financial difficulties

 

What was the date of your last payment?06/02/2018

 

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planlink3.gif? Yes I was on a debt management plan

 

He has done the AOS on MCOL.

CCA request ready to send to claimants

CPR.31.14 ready to send to claimants solicitors

 

Any help and advice appreciated. Donation will be made

thank you

Edited by dx100uk

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Bet they cca return with the usual 620000 crap

See a few hoist bc claimform threads here

 

Dx


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Thanks DX for quick reply, yes he will have to wait for the CCA return, will scan up once here.

Reading through other threads regarding PRA they don’t seem to come up with legitimate documents.

 

I am already reading up on a few defence statements to fit the POCs.

Will post up here first closer to the deadline Friday 15/02/2019

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you say claimform was 17-12 above

you mean 17/01?

 

if so defence date is 18/02


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Apologies

Claimform issued 17/01/2019

Yes defence is due by 18/02/2019, I put down 15/02/2019 being a Friday before the weekend.

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Good morning.

 

I have been reading other threads and have drafted a defence to fit the POCs.

 

1.The claimant claims the sum of £1834.29 for an outstanding debt owed.

 

2.On 22.01.2008 the defendant entered into a an agreement with Barclays Bank PLC for a credit card under reference …..

 

3.On the 06/2018 the defendant defaulted on the agreement with an outstanding balance of £2019.29.

 

4.On 17/08/2015 the debt of £2301.02 was assigned to PRA Group(UK) Ltd. Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925.

Payments of £434.52 were received up to 06/06/2018 and adjustments have been applied in the sum of £32.21.

 

5.AND THE CLAIMANT CLAIMS

1. The sum of £1834.29[/color]

[/color]

 

Defence (final edit):

 

1. The Defendant contends that the particulars of 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.

 

2. Paragraphs 1 & 2 are noted and it is accepted that I have in the past had financial dealings with Barclaycard. I am unable to recall the precise details of the alleged agreement but recall it was on or about 2008.

 

3. Paragraph 3 is denied. I am unaware of any service of a Default Notice pursuant to section 87 of the consumer credit Act 1974. I have sought verification from the claimant regarding this matter and to date they have failed comply.

 

4. Paragraph 4 is denied. I am unaware of any legal assignment or Notices of Assignment pursuant to the Law and Property Act 1925 Section 136(1), as stated on the claim, by the Claimant or by Barclaycard. I have sought verification from the claimant regarding this matter and to date they have failed to comply.

 

5. Notwithstanding the above, requests for information pursuant to the consumer credit act (section 78) and

CPR 31.14 were made. A Section 78 request was sent on 28/01/2019, and shows as received 29/01/2019. A CPR 31.14 request was sent 28/01/2019 and shows as received 29/01/2019. The claimant has still not complied to my Section 78 request and to date has failed to comply to my CPR 31.14 request.

 

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant, and therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. On the alternative, as the Claimant claims to be an assignee of a debt, 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 82 A of the Consumer Credit Act 1974.

 

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

any thoughts and advice always appreciated

Edited by Andyorch
edited
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Just a few edits...credit cards are section 78...so you only refer to section 78...not 77-79...rest is fine.

 

Andy


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Thanks Andy , it needs to be submitted by Monday 18/02/19 4pm.

 

I will update when done.

Donation has been made and will continue to do so on a monthly basis.

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:high5::high5:

nice work tbrido.

 

wish all defendants could make our life this simple on claimform threads.

 

dx


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Thanks DX

As you say in your replies to other threads

CAG is self help aswell 😀, and also i have learnt a lot and have a better understanding of how things work with DCAs. All thanks to you guys

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Good morning.

Defence submitted and shown as received on MCOL. PRA have yet to comply to both CCA and CPR requests.

So in the mean time while we wait for them to send anything, more research in the forum threads.

 

Totally of the topic question

The donation I have made will this be paid every month (I think I chose this option) automatically or will I have to do it Manually ?

 

Thanks again for all help

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Automatically if you opted for that option...check your statements.


We could do with some help from you.

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Thank you Andy.

Will keep updating

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Good morning.

 

i have received the following letter from PRA 

“We write further to the above case and confirm receipt of your defence. We have written to the court and wish to inform you that we intend to proceed with the claim”

 

Still no response to the CCA or CPR requests. Reading through other threads this is normal procedure from PRA.

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Normal procedure for all of them......N180 next ......Directions Questionnaire......which will allocate the claim to track and transfer it to your local county court.

 

Post up when you receive it 

 

Andy

  • Thanks 1

We could do with some help from you.

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

 

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Nice one thank you Andy 

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any update here?

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Just received DQ, 

i will be posting today

 

1copy for myself

1 copy to the courts signed

1 copy to DCA solicitors

 

 

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Use the above to complete on screen and run 3 copies.

 

Yes to mediation

Yes to small claims track

State your local county court name.

1 witness yourself.....the rest is self explanatory.

 

Andy

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Hi Andy, just wanted to ask as this thread was opened for a colleague, would it be possible for me to attend court with him (if it gets to that stage) , as he is really nervous and scared ?

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Yes have a read of the following..you would have to seek the county courts permission in advance.This is for support purposes only..you will not be allowed to act for your friend.

 

https://www.gov.uk/litigation-friend/suitability


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Thank you

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Quick update, you might find this amusing

 

i have just the DQ from PRA solicitors, yes to mediation, local county stated, only thing is the form has somebody else’s name on it

 

 

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Well it is PRA and as you see their knowledge of process and debtors is questionable and not to be relied upon 😎


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