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    • Capital assessments are based on the:   amount or value of the asset at the time of the application outcome of checks carried out to protect against fraud As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest. Just found the above in the law society website.  So am I screwed.  So confused.   
    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired.   For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   So no mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage   and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.    All it states is that the operator can pursue outstanding PCNs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say.   Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ] to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal.   Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative.   Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.   I have not looked much at your WS though it is looking good.   I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007.   that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations.   It calls into question their right to apply for motorists data from the DVLA.   I would wait for their WS to arrive so that you can pick holes in that too. however watch that if they are late that you send yours off just within the Court guidelines.   What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
    • UncleB - where you write "This could lead you to facing the Bank in Court..."   1stly -  would that mean now?  by remote hearing?  Or when the courts open after the summer?   2ndly - Does the application for set aside automatically prevent the B hearing going ahead?   3rdly - Will sending in an application to have the B petition set aside mean that I have to disclose an address for service?   I can only give a mailing address   4thly - Could having an early (remote) set aside hearing potentially quicken up the process for the bank if I am obliged to give them a suitable place for service?  At the moment I assume the hearing was adjourned for lack of physical service.   I want/ need to get a set aside.  But don't want to shoot myself in the foot.  
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andrew1402

lowell Claimform - OH's old EON util debt ***Claim Discontinued***

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how long have Lowell got to give us the information (CPR 31.14)? reason being I have until 27th August (08/08/19 +5+14)days

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CPR 31.14 is a civil request....they dont have to respond at all.

 


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well we have 7 days left to form a defence if we have one 

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not due till the 9th Sept by 4pm


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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08/08 +5+14 =27/08 I thought or have I missed something out?

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33 days from the date on the claimform. where by that is 1 in the count.

 

explained carefully in the link you did for post 16 info

and again at the bottom of post 18...…………...


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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I thought the extra 14 days is for filing a defence at the moment there is no defence to file I'm confused with all this 

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how do they know you have no defence nor not?? uh?:noidea::crazy:

 

its totals as clearly explained in post 16 link....

you get 14 days to AOS [they add 5 days to ensure service [postage] to you] = 19.

once you AOS they give you an extra 14 days to file a defence

14+19=33

the date top right on the claimform is ONE in the count.

 

8/8/2019+33=9th sept

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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we got some info from Lowell today I will upload later today see what you think 

Edited by andrew1402

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Sorry it's a bit late had a few other problems to sort out but here's what Lowell sent 

 

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Unapproved...claim number reference numbers showing.


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ah I see I thought we covered them sorry 

Edited by andrew1402

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hope this is alright this time

 

also something to remember our gas meter is outside in front and easy access to anyone with key and that in mind we do not remember anyone from EON knocking on to read meter in this time period

 

which in any case trespassing is against the law anyone who enters the property including front access via front gate without permission is trespassing (Council told us this )

 

docs1.pdf

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7 days left to form a defence If have one 

Edited by andrew1402

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Post #31 of the following thread ?

 

 


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thanks Andy I've never wrote a defence before which parts of post 31 in my case or is it all just put my wife's part 18th December 2013 instead of January and where do I put this defence on MCOL sorry if I sound thick that's because iam with this sort of thing 

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All of the defence....have a go at editing it to suit your particulars and then post a draft copy here for opinions and I will check it over for you.


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Particulars of claim for reference only.

 

1)The defendant entered into a supply and service agreement with E.on  Energy Solutions limited under account reference xxxxxx ('the agreement).

2.The agreement later ended but a liability remained outstanding for payment.

3.The agreement was later assigned the claimant on 24/05/18 and notice was given to defendant.

4.Despite repeated requests for payment, the sum of £166.64 remains due and outstanding.

 

And the claimant claims (a)the sum of £166.64

(b)interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue,accruing at daily rate of £0.037.but limited to one year,£13.33

(c)costs 

 

Defence

 

1.I the  Defendant contends that the particulars of claim are vague and generic in nature.The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. It is admitted that I have had a supply and service agreement with EON Energy Solutions in the past.However , from March 2014 my supplier was switched to SSE and therefore it is not possible to leave a remaining unpaid balance.

 

3.Furthermore, the claimant has given no details as to the breakdown of their claim what dates it relates to ,so I am  unable to defend specifically until the claimant can particularise and quantify its pleadings.

 

4. The claimant openly admits that they do not have access to the agreement nor was the Assignor required to retain a copy.Therefore their claim is unsubstantiated. Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a  written agreement:-

 

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s)  should be available at  the hearing.

 

With the court’s permission the Claimant is put to strict proof to:-

 

a) show and disclose how the Defendant has entered into an agreement;

b) show and disclose how the Claimant has reached the amount claimed ;

c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.

 

6. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.

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So we have to remove your point 2.

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol

) ? yes


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I have done a slight edit on your 2 & 3...think your good to go now.


We could do with some help from you.

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

 

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Ok anything else need to change or is it ok ?

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Done the changes as per my last post


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 The National Consumer Service

 

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

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