@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 ………………………………………...
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....
A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp bank complicity – coming soon @A_Gentle_WomanA 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/
Hot news for anyone who has suffered mortgage arrears charges, irresponsible lending or other unfair lender conductThe 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.
Do you have a mortage arears claim to make? Then post your story on the forum here