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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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LOWELL claim form - old provident doorstep loan poss SB'd ***Claim Discontinued***


Nibbles83
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thanks dx100uk

 

yes im 1000% sure its SB .

 

ive not made a payment since 2012  the orginal company provi then transferred it to debt recovery westcot having no joy they sent it back to provi ,

provi then sold the account in 2014 to lowell and ive never had any contact with lowells over it either .

 

Nibbles

 

 

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ive got to admit as I said in post 12

99% of these are sB'd as all the claims we've had here already.

 

sadly its a sign of the times

a speculative claimform..hoping for a undefended rubberstamped default judgement where no human checks anything or the defendant blindly panics and coughs up...

 

some 750'000 are issues every year

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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Well if im truly honest even if i did panic and cough up i have nothing to cough up to give .

my credit is shot anyway and im slowly working through it .

 

but this time no i need to do something about it and proud that i am .

though my axitey is at a new all time high and as i sit here replying im shaking like theres no tomorrow , but matters are a must and need to be done .

ok filing the defence now . wish me luck lol

thanks ever so much for the help its very much appreacaited .

 

tho i will keep you guys updated .

 

Nibbles

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hey don't let them grind you down

most DCA's that people pay have NO legal right to even demand payment

they are NOT BAILIFFS.

 

you say your credit file is shot?

 

why not start a new thread in the debt management self help forum

list your debts and we'll help you.

esp if any were Payday loans...

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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yeah i know about DCA's they dont even bother visiting now lol just send the useual garbage letters that dont even get opened 😀

 

yeah it shot it sits at like 390 and has done for a while / few years .

 

yes i will , ill gather the credit report and make a new thread and list those . there are a few pay day loans i think .

i admit i have burried my head in the sand for some years .

 

Thanks dx100uk you have made me feel a whole lot better about the situtaion .

 

Nibbles.

 

 

 

 

 

 

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hey no sweat..

its better not to bin every letter

open scan the whole lots INC the envelope

and relax.

 

in today climate its not worth the aggro of ignoring a letter before action and a PAP reply pack

these can be replied too and headed off at the pass avoiding CCJ's or claimforms.

 

and don't be thinking a debt being statute barred stops them...as you've witnessed here!!!

unless you were resident in Scotland when you took whatever credit out, SB does NOT prevent a claimform...

[more for future readers than yourself...

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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well i wont be from now on . i will gladly open them lol

 

and yes i understand it doesnt stop them from filing a claim .

 

I've noticed alot try even when its SB . but again as you say people panic and pay up .

 

Nibbles

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yes in the payday loans forum

 

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... 

Link to post
Share on other sites

 

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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Afternoon Guys ,

so received a letter from northampton county court today , acknowleding my defence .... tho the letter isnt signed so one would asumme it could have come from anyone within the court . !!

 

it states : a copy of my defence is being served on the claiment and that the claiment may contact me to resolve or proceed. and has 28 days after receiving a copy of my defence to contact the court . so how will i know when they have been served it, to know when the 28 days has started ?

 

Nibbles .

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std letter they always send out

now time to go look at other claimform threrads in the downtime so you know whats next and what to do when it/if something does or does not happen

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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LBA its referred to ..Letter Before Action or Letter Before Claim

 

Thats why we ask the following question in the link you completed Nibbles at the start of this thread.

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?
NO

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Click the link in my last post.....they should follow Pre Action Protocol first before issuing a claim.Let them add the court fees if they wish its irrelevant and dependant on whether they get a judgment.

 

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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It goes in your defence when you submit it......

 

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

But only if you're sure you have never received it.

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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get on with it...no good asking for help if we are 'in the blindspot' 

nothing you have received and ignored to date can hurt you further now but may well help you if we have that info of what you have received.

 

 

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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hey guys just an update ,

 lowells solicitors sent me a Directions Questionnaire.

attached for you to see .

for mediation , they state that they have also sent it to the court .

now do the court send me mine ??

and also what is this for ?

The questionnaire that is enclosed is LOWELLS COPY . Filled and signed by them .

as the only out come for this would be for them to except that it is statue barred, and to close their file but we all know that isn't going to happen .

suggestions are welcome here :)

 

Thanks Nibbles .

 

2019-03-16 Lowell DQ threat-o-gram.pdf

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we typically recommend refusing mediation on SB defence claims

see what andyorch recommends in your case

 

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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