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    • When it comes to animals my heart is just shallow. Sorry to hear that.
    • go back and read what andyorch said in my above links about a DEED of assignment NOT being a Notice Of Assignment. its a general document for a portfolio of MANY debts they bought on a spreadsheet, NOT specifically relating to YOUR Agreement. but your was like all others, a single line in a spreadsheet.    the sheriff has specifically asked for the NOA and the Default Notice ...neither of which the fleecers have provided, merly a load of ole twaddle like trump does to divert attention away from those NOT being provided.   forget the stuff about LOP 1925 etc that a NOE is NOT applicable in scotland , the sheriff has asked for it..end of!!   bedtime reading particularly regarding default notice sec 87 https://www.consumeractiongroup.co.uk/forum/showthread.php?484300-Cabot-nolans-SPC-Claim-Old-Next-CAT-Debt(2-Viewing)-nbsp&p=5119630#post5119630   read from about post 70.   as for the written submission. i'll find an example later.   dx      
    • Plevin is not a calculation. its a refund of commission they got as they had a backhander of greater than 50% of the PPI sum paid for selling it on behalf of the insurance company that underwrote the PPI policy.   you are after reclaiming the PPI itself. and that is what all our PPI stuff is geared too.   have you still a copy of what you originally sent though as you don't even KNOW what plevin was , how could you have ever have asked for it.!!   pers i'd write back. (you seriously need to stop talking on the phone!!) stating quite clearly that you REJECT totally their refund under the Plevin Rules. my Claim was to reclaim the PPI a paid, not for a refund of your hidden commission!!   i give your 14 days to refund inline with the enclosed spreadsheet , else i will raise a complaint without further notice to the FOS.   please reply in Writing Only.            
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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ParkingEye ANPR PCN Claimform - Town Quay 2, Southampton


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You can provide your interpretation of the law in support of your defence, but that's just your interpretation, unless you qualify it with pointing to the legislation that applies, or other suitable sources referring to it. Therefore,  quoting relevant legislation and case law is how you'll demonstrate that you have a winning argument. The claimant has done just that in their WS.

 

Say as much as you need to in order to make the best possible impact with your arguments.

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Ok, this you need to respond to. You state that "the land is not relevant land as far as the POFA goes so there is no keeper liability in this matter so there is no cause for action against

no sar needed send pe our std snotty insulting letter in many ppc threads here. [search Gladstone snotty letter ]

Ah, ok. The attachment you posted is called 'Claimants WS', so I thought you'd had theirs. I only glanced at it briefly.   Any detail that you feel is needed to support your defence and then

Thanks, will do.

 

By the way when you say "the claimant has done just that in their WS", what do you mean exactly? The claimant hasn't served their WS on me yet.

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Ah, ok. The attachment you posted is called 'Claimants WS', so I thought you'd had theirs. I only glanced at it briefly.

 

Any detail that you feel is needed to support your defence and then the brief arguments presented at the hearing should be included within your WS. This is 'the' time for detail.

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  • 2 weeks later...

Hi, hope everyone's doing fine.

 

Court date is getting nearer and nearer, the date for submitting my witness statement even more so (I am going to submit by mid-week this coming week).

 

Here is an initial yet substantial draft - it's still a work in progress - I am going to add more one or two more points/arguments to it, do some tidying up, and of course proofread it all 

 

Any tips/suggestions, additions/fixes are greatly welcome.

 

Claimant's WS has just arrived too, I've had a quick gander through it, nothing sticks out to be honest, apart from the fact that the Claimant is going to try to argue that the land is not 'relevant land', which I found quite amusing as it's a weak argument. Hoping the judge sees through it. As usual PE will be sending an LPC legal perp to represent them and state the facts in the case - so the person who prepared the WS won't be present/attending the hearing.

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Please dont use hosting sites

Attach the pdf to a post.... click choose file in the base of the msg box

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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Because it isnt relevant land they cant create a keeper liability under any circumstance.

 

Now the LPC person HAS to be on the SRA roll of solicitors or they dont have a right of audience and wont be able to speak.

 

Now judges have a lot of powers so they may allow them to present their case but go armed with a copy of the civil courts rights of audience legislation and argue that as the rep isnt a lawyer and not employed by PE they arent in a position to state that what is presented is actually a statement of the truth and certainly cant be cross examined on its veracity so you ask that not only is the rep bisbarred from speaking but you want their WS treated as hearsay evidence or dismissed in its entirety

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Thanks EB.

 

Just a question - can I quote civil cases in my WS where there's no publicly available transcript?

I'm guessing the answer is no?

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scan it ALL up to ONE multipage PDF please read upload carefully.

 

dx

 

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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we need to see the claimant WS first please,

 

dx

 

 

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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need the exhibits too but not each cover sheet.

 

dx

 

 

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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Would rather you mention a specific exhibit that you're after (aside from maybe the landowner contract which I'm hesitant on disclosing due to confidentiality reasons), since there's pages and pages of the stuff.

 

Let me know which ones you want, and I'll post up. Obviously there's NTKs you've already seen, LBA letters you've already seen and pages and pages of Beavis arguments, which are irrelevant, since I'm not even going to bother disputing that angle (genuine pre-estimate of loss etc.)

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ofcourse didn't mean the existing printed out cases they refer too.

what about photos or sign layouts and types?
 

anything that we've not already seen that they intend to rely upon.

 

dx

 

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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Posted (edited)

All the signage is included in the pdf i (wrongly) labelled 'claimants WS' on page 5 of the thread. This same extract of the signage was presented in the WS.

 

The claimant also provided photos of some of the signage in their actual WS, obviously not in this thread yet, will post this up asap.

 

As you can see from my WS I'm intending to dispute one of the signs. 

 

Also, any guidance in relation to changes you'd recommend I make in point 8 in my WS will be appreciated.

 

Sorry for the bad quality in some of the images, tried to adjust the lighting in the room but wasn't hugely successful.

 

If you want me to retake any of them let me know, ta.

 

new_doc_2020-03-10_19_54.04_20200310195702.pdf

 

Just a heads up - I’ll be posting my WS by COB today in order to meet the deadline, so even if you could review parts of it, that would be useful, ta.

Edited by Incontro
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what date is the hearing..

 

dx

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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ok so need posting by close of play Friday or sat am.

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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No, because instructions are for recipients to receive copies fourteen days in advance of hearing date. Latest I can leave it to is tomorrow before Royal Mail last collection time, but I’m not risking and sending it today. 

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as indicated earlier

you are a litigant in person and given certain leeway.

14 days is Friday sat am is quite acceptable as is Monday am.

you could even deliver it to the court by hand Monday that would br acceptable too.

 

as for posting PE copy, there is no rush on that at all can go by 2nd class with free proof of posting.

 

dx

 

 

 

 

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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Already sent after a proof-read and some minor changes. I don't have a printer at home, and was out and about today, so today was ideal for me to send.

 

Thanks to all that helped. I spent a lot of time and effort preparing for this, and also did a lot of research. Lost countless evenings and multiple weekends. However at least I'm now confident I have a reasonable chance at winning. 

 

If I have any questions about the day, I'll post up here. In the meantime, any pointers/tips on what to mention on the day (in terms of talking points) can be useful.

 

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On 10/03/2020 at 16:21, Incontro said:

Thanks EB.

 

Just a question - can I quote civil cases in my WS where there's no publicly available transcript?

I'm guessing the answer is no?

It is always public just that the costs of getting a  transcript is crippling. The court report by another party witht eh claim number and court plus the date of the hearing is fine, you will see that elsewhere if you look

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