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    • I would say so yes but ofcourse only in the years the charged it not running till today.
    • please complete this:     and scan up the PCN bothsides to one multipage pdf read upload   dx  
    • Must satisfy POFA if they want to ground Keeper Liability, so no Keeper liability, their RoboClaims always try to sue both as if they can jointly and severally, but the Courts should be looking at the was Driver or Keeper and chuck the claim out for being vague, but they don't  They might if POFA fails and they know they are onto a loser, might have a last gasp and try to rely on Elliott v Loake a criminal case so not applicable to a Civil claim, and CPS v AJH Films, again not applicable as is about employer/employee, they will do this to try to get someone to cough up before a case they know they are going to lose to salvage what they have already paid ou to go to court.  I would delete the  line   As the keeper of the vehicle, I decline as is my right to name the driver (s) at this time"  That is an oblique reference to the duty to name driver in a Criminal case, and is the Elloitt v Loake scenario.   Others will have better ideas, but lloking decent.
    • Good morning request sent off yesterday to moriarty law  but today got this load of tosh  Combine Jul 17, 2019.pdf
    • In response to your question, I have a copy of the title deeds showing ownership and also the leases. No idea what to do with that info though!   I should be most grateful if you would review the attached brief draft defence on page 1. The page 2 thoughts are a work in progress.   The POFA point is weak in my opinion, but having read a lot of analysis of the requirements, I haven't managed to come up with anything beefy.   I should be grateful for any ideas on that, as it seems like a failure to follow procedure would be a strong defence.   Also it asks for the driver's details on the PCN and then the claim states the Defendant was the registered keeper and/or driver, but I don't really understand whether there's a point of defence there.    DRAFT DEFENCE 1)      The claimant has failed to prove that VCS had a contract with the landowner (The West London Property Corporation Ltd.) in August 2015, and therefore failed to show either a legitimate interest in controlling parking at the Berkeley Precinct, or the authorisation to make charges on their own behalf, for any overstay in the carpark, including for first-time offenders (relevant to Tesco lease). (no response to CPR 31.14 request delivered and signed for at 10.32a.m. on 9th July) 2)      The claimant has failed to prove that VCS obtained a planning permit from the Sheffield Planning Department under the Town and Country Planning Act 2007 (also requested in my CPR 31.14 letter) and that there were prominent signs in existence at that time, showing clearly the terms and conditions for parking and the charge payable for any breach. Therefore, the three elements of offer, acceptance and consideration required for a contract were not met, and no contract existed. 3)      The claimant failed to issue the PCN in the timescale required under the Protection of Freedoms Act 2012 for keeper liability and, allowing for the 2 day delivery time afforded to Royal Mail, it arrived a day later than the 14 day deadline. The parking company has not met the keeper liability requirements and therefore keeper liability does not apply. The parking company can therefore only pursue the driver. As the keeper of the vehicle, I decline, as is my right, to provide the name of the driver(s) at the time. As the parking company have neither named the driver(s) nor provided any evidence as to who the driver(s) were, I submit I am not liable to any charge.    
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westham1

Vauxhall Finance Notice of assignment of debt to Debt Managers

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So let me get this striaght and i apologise for my lack of educatuon re this matter.

 

if The CCA request that i sent isn't met by the Debt company they can still send bailiffs round and harass me ?.

 

And if the 12+2 days lapse and nothing is sent what do i do from there? 

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bailiffs??

where the beep do they come into it?

has this been to court

you lost the case

and its more than 28days since the judge told you to payup?

 

a DCA is NOT A BAILIFF

and have

ZERO legal powers on ANY DEBT.

 

 


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Ok well that makes me feel alot better then.

 

No it hasn't been to court, and to be honest I'm just worried about it all. 

 

As told above, I've stopped all payments, sent a CCA request to the new debt company and a SAR to Vauxhall. I shall wait untill the 25th and return with news hopefully. Thank you for the help I really do appreciate it.

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pers id start on a serious complaint letter about the way Vauxhall finance have treated you as I outlines earlier.

 

atleast you HAVE the agreement, so will know that id the fleecing DCA do send anything. it must be IDENTICAL to what you hold.

I bet it wont be if they do respond.

 

dx

 

 

 

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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Good afternoon. 

 

Well the 12+2 days are up for the CCA from the Debt company. 

So what's the plan now?, do i just wait and ignore other letters or are there others I can send in return to sod them off lol.  Many thanks you have all been so helpful.

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Ignore any correspondence until they can comply with your request


We could do with some help from you.

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What happens if they persist, threaten legal action or come knocking at my door ?

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Let them threaten...until they can comply with your legal request pursuant to section 79 of The CCA1974...they would be  foolish to attempt litigation.

If they do eventually provide then you can enter into a payment plan if a legitimate debt exists and they have provided all the necessary paperwork that entitles them to persist...threaten legal action.


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already answered in post 62..

nothing

a dca is not a bailiff and are totally powerless


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.

 

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Ok that's great . So may I ask, why is there a time limit for them to answer the CCA request ?

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its part of the consumer credit act.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Because that what the Consumer credit act dictates ...12 days is ample time for the owner of the debt to provide disclosure and show they are legally entitled to enforce the agreement....without an agreement its not going anywhere near a court room.


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Ok that's great. Once again many thanks for all the help and let's hope they just fade away . 🤞🏼

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Good morning all .

So after a quite a while the debt management company have replied by sending two letters to me - please see attached. They have also annoyingly called my parents to see if I live there which was not appreciated, even tho I've told them my new address. Please advise. Many thanks 

20190511_114015.jpg

20190511_113829.jpg

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Ignore

Pdf only next time please


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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Sorry.

 

And thank you

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Its all meaningless until they can provide and comply with your section 79 request.

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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 OTHERS

 

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

 

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Goodmorning 

 

It seems the debt company are ramping up the threats which I don't appreciate and is making me very anxious to be honest. Is there anything I can send letter wise to stop this or reafraim that they are harassing me for no reason. Many thanks 

20190517_115847.pdf

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Option 1 is not an option as they have not complied with your section 79 request.

Option 2 simply means more letters  to pick up off your doormat and open to file.

 

Dear Sirs thank you for your letter dated 11th May 2009 of which the contents are noted.However it appears that I am still waiting for a response to my section 79 request dated xxxxx.

 

This may be an oversight on your part now if you cant comply this may be an active choice on your behalf.If you ignore my request I will remind you that pursuant to sections 77-79 of the Credit Consumer Act 1974 you are compelled to comply within 12+2 days.Until such time you can comply please bear in mind....

 

Section 79 CCA1974

 

(3)If the owner under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;F2

 

Regards


We could do with some help from you.

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That's great thank you. 

 

My wife is so anxious now she just caved and said "just call them" .......... NO CHANCE

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ive hidden your upload

you might want to remember in the future to remove the QR box and the long ref number above that.

 

as they might read here and see your wife is quaking in her boots about powerless visitors poss coming.


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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Ah bugger!!! Sorry missed that thank you.

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Good evening. 

The vultures have replied once again to my most recent letter sent. 

Please see attached the letter received from them. 

 

Sounds alot less vicious than the last.

 

Altho still confused, if they know where I live why ask for my original address that the car was registered ?

 

Many thanks and thank you all.

20190528_183257.pdf 20190528_183109.pdf

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ignore then until they comply

 

 

don't enter into any more pointless letter tennis

they know the score.

 

dx

 


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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