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    • Hi slick!    On 22 July they said they would refund me £74.07 Theres no DD in place as my membership was a once off payment in November last year.  Hi Dx,    I paid through PayPal last year as a one off payment. 
    • I'm trying to understand it all but I certainly tend to agree with my colleague @dx100uk that it looks as if you may have been taken for a ride. You found an advertisement for a bag on an online sales site. Instead of going through the established procedure of that site, which presumably allows them to recover a commission from the seller you started dealing directly with the seller who is an unknown person to you and of course that allowed the seller to avoid paying the commission. At whose suggestion was it that you went off-site? You then pay by PayPal but instead of logging it with PayPal as a payment for a purchased item, you tell PayPal that it was actually simply a gift or transaction between friends and family. This also allowed the seller to avoid paying a PayPal fee on the money. At whose suggestion was it that you paid in this way?       I don't say that you definitely have been scammed, but it doesn't look very good. This is how it might have happened: after you agreed to take the transaction off-site, so you lost the protection of the established system – and the seller avoided the commission and also avoided the sales site knowing that they had sold their item, you then agreed to pay the seller some money – but not for a purchase – simply as a gift. This has two consequences. Firstly, the seller avoids a PayPal fee and secondly, because PayPal has been misled as to the purpose of the payment, you lose the protection of PayPal if it turns out that you've been scammed or there is some other problem with the transaction. The seller then apparently sent you the parcel and they sent you pictures of a package with your address on it. Separately they sent you a Hermes tracking number – but there is no evidence that the package was actually posted to your address. The seller might simply have taken a picture with your address and sent that to you by way of reassurance – and then changed the label and posted the parcel to themselves but sent you a tracking number which is inaccessible to you and in respect of which you will be prevented from getting any information. All you've seen is a parcel with your address on it. All you've been given is a tracking number which satisfied you for a while until the parcel did not arrive and then when you started to make enquiries, you found that you were unable to access any details referring to the tracking number. Of course the tracking number says that the item was delivered – because maybe it was – but in that case it was delivered to the address on the parcel which might have been the seller's own address – or the address of a friend. I don't want to say that this is definitely how it happened, but it is a plausible scenario. Of course Hermes is an awful lot of parcels – but on the other hand I expect that most of the parcel is that going to Hermes hands are delivered successfully. We only get the bad stories on this forum. I can imagine that Hermes rate of successful deliveries is better than 97% because otherwise people wouldn't simply just hate them, they would go out of business.   We can help you bring a complaint against Hermes if you want. However, on the basis of what you say, the odds are stacked against you but it would be useful to try and find out the address which was associated with tracking number. As far as your apparent willingness to travel hundred and 50 miles to ask for your money back, don't bother. If you did actually go there, are you sure that the seller actually lives at the address that you have been given? What evidence do you have that? Of course if you found that the seller didn't reside at that address then it is slamdunk that you have been scammed. But then what are you going to do? You can try to inform the police but of course it won't get you anywhere. You can inform the sales website – but they will say that you brought it on yourself because you agreed to go off-site. You can inform PayPal – that they will say that because you sent the money which was calculated to avoid their fees, you have lost the protection. If you travelled the 150 miles and found that the seller did reside at that address, do you really think that they are going to hand your money over to you? If they are acting dishonestly then they will simply say that it is nothing to do with them, that they addressed it all correctly and they don't understand what has happened and that this is simply Hermes up to their old tricks. What are you going to do? You simply risk getting into a very nasty argument and depending on how bad it went, you might even find that the police are called and I'm afraid that they would be looking at you – not the seller. Maybe you can answer the questions that I've post above as to who it is who initiated the various ways of doing business.    
    • The legal campaign's going well then. The recount in Wisconsin gave Trump more votes but Biden even more, at a cost of $3m. And a donor to the organisation bringing the failed cases is suing to get his $2.5m back.   https://www.theguardian.com/us-news/2020/nov/28/joe-biden-gains-votes-in-wisconsin-county-after-trump-ordered-recount
    • Yes Unicorn feed tax again, can't sue the keeper for more than the Original Charge, so any additional Debt Collection fees aka the £60 they add is abuse,iof process as per HHJ Harvey at Lewes county Court What lookedinfroinfo is indicating is that the main signage on entry and dotted around is merely an " Invitation to Treat", not the offer, the Offer and Acceptance occurs at the payment machine, so wording there is key.
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horizon/gladstones windscreen PCN claimform -Bromborough croft retail park .***Claim Discontinued***


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Received court letter today to file a defence with the court & the claimants solicitors is this ok to send

 

the image of the sign show membership of the BPA and you are not part of them.

You are not POFA compliance to create ANY liability let alone a keeper liability. 

You didnt let me use POFA to appeal so I am asking the court to send it back there (but of course as you are not part of BPA members they cant so would ultimately be in contempt of court.

You have breached the GDPR by telling lies to the DVLA to get my keeper details.

You have refused to show the contract with you and the landowner.
 

Ps I have already sent a CPR request and not received nothing back

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The courts do not inform or serve notice of Discontinuance BN...its for the claimant to serve notice on the defendant (N279)   Andy

you already filed your defence months ago.

you mean you have a court date and need to exchange WITNESS STATEMENTs by 14 days before the hearing date?

 

 

 

 

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 then tell us properly not your interpretation of what the letter says!!

 

whats the court date?

what date does the claimant have to pay the fee by?

 

PS that's NOT a WS you filed earlier, far from it.

 

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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Notice of Allocation to smalls claim track ( hearing )

 

 

the final hearing is 16th December

 

the trial fees are non refundable , does not give a date for fees , it says if parties settle before the trial fee id due then the trial fee will not be payable , if a consent order settling the matter is requested after the trial fee has been paid then the consent order fee will be payable .

 

 

 

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Court Directions are issued by the Local County Court (N157) Notice of Allocation...and as paying hearing fee is a direction its not shown on the MCOL console as its already been allocated out.

 

You can ring your local county court nearer the date to see if the hearing fee has been paid.


Andy

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  • 2 months later...

hi my brother has now received a response from Gladstones solicitors .

firstly the 1st page is from company's house showing when his business started and ceased and dates when a new business was set up .

they have also sent pictures of the van and all the signage on the croft retail park plus all correspondence from him and horizon.

they have also sent contract information

also they have sent a claimants witness statement a 3 page document from the land owner

 

just wondered what he should do next

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in other words the claimants' witness statement

 

you need to scan it ALL up to ONE multipage pdf

read our upload guide carefully esp the use of pdf merge and pdf reducer websites.

 

scan up each page to a .JPG picture file.

redact each page using any photo manipulation software to obscure ANYTHING that could be used by the enemy to recognise this is you here on CAG seeking our help jeopardising your anonminity here.

leave in all times and dates and names and address that are not YOURS.

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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so no proof of payment of the contract since 2014 then:lol:

 

sorry for the confusion over the company house pages.

 

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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they are wrong when it comes to liability of company B for company A's debts. If that were true then anyone could sue Galdstones solicitors and Will and John personally for the wrong doings of IPC members by claiming they are all in it together.

 

There is also the issue of whether a company can ever have a liability under the POFA as if the contract is with the driver - so they need to prove the driver and the company are one and the same.

 

With a one man band this is not impossible but showing a personal liability for a company that doesnt exist?  not seen it happen other than in cases of criminal deception etc.

 

Now courts have gone both ways on a company or its director being liable for its employees actions but that isnt applicable here.

 

The WS makse it clear to me that they are not relying on case  law to make their case but fishing for a decision in their favour based on "its not fair"

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you've already filed your defence

 

you've got to file your witness statement just like they have 

this must be with the court by 2nd December by 4pm.

 

luckily you have their WS so should be easy POINT BY POINT to pull apart theirs with the info EB has given you above

 

 

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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Hi I am new to all this so is this ok for my witness statement 

 

The company did not exist at the time of the PCN so there can be no one to sue.

 

A debt can not be passed on to a new incorporated ltd company from a ltd company that has been dissolved, all debts are dissolved at the time of the company being dissolved.

 

A company can not be sue'd under POFA it's the driver

 

Is this ok

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use our search

type in

 

PCN witness statement.

 

that gives you the format [like theirs is done]

 

respond to and ref to their points [the para numbers]

 

in relation to the claimants point xx on their witness statement..

 

make your reply.

 

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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Do I really need to do a witness statement ??? Because I clueless with all the technical wording I don't know were to start.

Will it go against me if I dont file one or is my defense statement I have filed to the court enough.

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Its not got to be legalese at all just plain english as EB used here but it simply needs fo be in the correct format as theirs is

numbered etc

thats all!!

 

very easy on parking claims

 

no ws = you will lose!!

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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Is this ok for my witness statement 

 

I ****** ******* was the director of ****** ****** 

 

1. I was the director of the above company which was dissolved on **********

 

2. I feel that with this parking charge being after this date that it cannot apply as the company did not exist, and debts cannot be passed on to a new incorporated company.

 

3. I did respond to the solicitor over this matter explaining that the company no longer exists.

        Statement of truth 

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matters not what you feel.. that's immaterial 

state facts not feeling.

 

 

im sure eb will help fluff this out

as that is a bit bare.

 

 

 

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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  • 4 weeks later...
In the Birkenhead county court claim no 
 
 
( defendant )
 
And
 
 ( claimant )
 
 
I .................. was the director of ............ until it was dissolved on the ....................
 
1. There is no cause for action as the company you are trying to sue no longer exist nor does its liabilities.
 
2. This was a photographic capture so no information about the driver was gleaned at the time.
This claim is an abuse of the law, its process and English language by issuing a NTK tried to create a keeper liability but failed to follow the protocols of the POFA so none exists.
 
3. The claimant has failed to show any locus stand in the matter as the contract they have produced that allows them to manage the site expired in 2014.
 
4. The claimant does not have the necessary planning permission for the signage and equipment as required under the town and county planning act 2007 and it is a criminal offence and it is not possible to enter into a criminal compact with the claimant even if one wanted to.
 
Statement of truth
 
I believe that the facts stated in this witness statement are true
 
Signed ..............
 
 
Print .................
 
Dated ...............
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On the day of court the judge said all I need to do is sit there & smile, because there is no one to sue as the company does not exist.

The claimant said he's never heard of nothing like this before, & is now wanting to sue for costs.

All that concerns me now is the judge has advised me to seek legal advice, before the next court date.

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  • Andyorch changed the title to horizon/gladstones windscreen PCN claimform -Bromborough croft retail park .***Claim Discontinued***
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