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    • Hi Ericsbrother   Whoops! Think this may have to be posted in another thread?
    • Yes, if everything works out the car would be yours and free from finance.
    • @ericsbrother It's just what i received not long ago from a legal motor protection company which offered to help me draft a defence as I am struggling to make a good one myself.
    • What is this ill conceived piec of waffle? you say send it to the defendants solicotrs yet you are the defendant and you dont have a solicitor In shiort it is arse about face
    • @ericsbrother As well, I went to get some help with my defence from some legal help. They replied to all the information i sent them and this was there reply via email   Having given the matter some thought, my view is that the actual court proceedings wording needs to be challenged as they have done a typically lousy and generic job of wording the particulars of claim.   This approach has worked when I have attempted it in the past, with the court striking out the claim.   I attach the draft defence document for you to peruse and if you are happy with the contents,sign and date the statement of truth and file 2 copies with the court and send a hard copy to the Defendant's solicitors.   You do not of course have to proceed with this Defence and you can of course seek to challenge each individual ticket. The only real challenge that exists is whether the court considers you have properly displayed the permit or not on each occasion. The images you have sent would suggest a PCN was attached to the windscreen on each occasion. Do you dispute that happened?   If you file the Defence attached, within the covering letter to the court I would suggest you also insert the following wording   "In light of the contents of the Defence, I request that the Defence is put before a proper officer of the court or Judge to consider the striking out of the Claim at this stage, prior to issuing directions questionnaires to the parties"   If you disagree with the contents of the Defence or the approach that comes from it, then you still have until 24th May to get an alternative Defence filed.       They also sent a defence so please have a look and if I could get your opinions on it, that would be amazing. It is as follows;   In The County Court Business Centre       Claim No: XXXX     UK Parking Control Ltd                                                                                                                            Claimant -V-   XXXX                                                                                                                          Defendant   __________________________________________________________     DEFENCE & REQUEST FOR CLAIM TO BE STRUCK OUT __________________________________________________________       1-     The Defendant does not admit the pleaded claim as he is unable to determine from the pleadings what the Claim is actually for and what it comprises of as it has not been adequately pleaded, nor can the Court.   2-     The particulars of claim fail to comply with CPR r. 16.4 (1) (a) in that they do not contain a concise statement of the facts on which the Claimant intends intend to rely or any breakdown of the sum that has been claimed, how this is arrived at, so the Defendant cannot plead a full Defence to the action or assist the court with determining the issues.   3-     They also fail to comply with Practice Direction 16 paragraph 7.5 where they fail to set out details of the agreement they assert was breached.   4-     The Claimant is represented by a firm of solicitors. One would presume they are fully conversant of the Civil Procedure Rules and might be expected to submit a fully compliant set of Particulars.   5-     The Particulars give the impression of being a template intended to deal with a variety of situations that therefore fail to address individual circumstances so the Defendant is unable to plead further at this stage, other than to deny the alleged claim.   6-     In light of the above circumstances, the Defendant requests the Claim be struck out forthwith.   7-     In the alternative event the Claim is not struck out by the court pre-allocation and the Claimant files a CPR-compliant amended particulars of claim, after seeking permission from the Court and, being granted permission to do so, the Defendant shall file an amended Defence within 14 days of service of such notice requiring him to do so.     Statement of Truth   I believe the contents of this statement to be true to the best of my knowledge and belief.   Signed ………………………………………. – Date   ………………………………………...    
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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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      • 0 replies
Ruddockus

Barclaycard Debt

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Hi There,

 

Not posted for a long time, but here goes!

 

Owe Barclaycard £9000 and have sent them a CCA, they have replied with a letter sending me a copy of the agreement but not signed by me. They are saying the account is not in dispute because of any delay in providing your copy documents as section 78 (6) (b) was repelled on the 31st May 2008. It is now no longer an offence for a creditor to fail to comply with s78 (6) for more than one month.

 

What is my best plan of action now.

 

Thank you in advance for your replies.

 

Steve H

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is this the one that was sold to cabot or another one?


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Hi There, This is direct with Barclaycard. Am i right in thinking that without an agreement they cant take me to court?

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original creditors don't do court anyway

they'll sell it on .


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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Hi There,

 

Should I just stop paying them the £50 a month and let them sell to a DCA then, and then tell them they cant take me to court as they have no agreement?

 

Regards

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it not being signed does not make it unenforceable under the CCA

age however plays a part.

 

I think you might have sent a really old CCA request by the sound of it as the 30days criminal offence bit went +10yrs ago..

 

theres a lot more than that to it now, especially with reconstructed CCA that might well meet the act but not strong enough for court claims.

why don't you scan up the CCA return to one multipage PDF

read upload


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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Hi There, Do you mean upload what they have sent me? How do i do that?

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Read the end of my post above


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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