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    • scan up the agreement to PDF  read upload carefully please   easy peasy if you have that   dx  
    • Understood. Maybe as a first step it would be a good idea to write to Amazon and tell them that I would have selected the prepaid hermes drop-off option, like I always do, but I wasn't able to as that option wasn't available for the laptop. Additionally, after Hermes not collecting the item on two consecutive times with the Hermes home pick-up option, I was advised by a customer service assistant to organize the return myself as there is no point in choosing the home pick-up service for the third time. Following his advice and returning the laptop myself being the only available option to send it back to Amazon, I have decided to organize the return myself. I was told that I can use any of the shipping services. To quote I was told: "I could only find the pickup option. So you could arrange your own return using parcel monkey: www.parcelmonkey.com or any similar service. Keep the receipt and send it to: ...url... And we will refund you the postage fees". I didn't get any other instructions and I did what I was told by the assistant to the letter.  What else should I add? Should I mention anything else?   I understand that. I am not afraid of that, I do think that nothing protects them from having to compensate a consumer where they have failed to take reasonable care in performing the contracted service. They have a general duty of care, and they have also failed to provide the service paid for. I really hope that the judge sees it that way too. But maybe Amazon realize the mistake they made and I won't have to sue Hermes. To be honest I think it is disgusting what they do... There is no way to lose a package of 70X40X15. It is way too big. And what are the chances that they lose another package of mine that I send with the laptop at the same time? Obviously someone stole them. What else could have happened? How can they not find the driver who was responsible for the package at the time of moving it from the ParcelShop to the sorting warehouse? And if something happened to the car/driver, it must be logged somewhere. And I would like to see that log (I actually asked them to provide that in my last letter). The whole thing is just unbeliavable.
    • if other details match and this is as a result of say a marriage then yes. CCJ's are not against an address.    
    • Thanks DX and BN.   He did keep saying he’s done loads of parking cases in the past, over the 10 years he’d been doing it, so as you say he’s bound to have come across VCS stuff before isn’t he.   hopefully that’s the case then he just wants to go through it in a bit more detail. Either way you have given me a lot more confidence again now thanks.
    • From Alasdair Macleod , 40 years in stockbroking and financial  analysis  The Eurozone is bust. The deterioration of TARGET2 imbalances have been hardly noticed, but in recent months it has been alarming. Despite official denials over the years that it is a matter of concern, it is increasingly obvious that the national banks of Italy, Spain and other nations with increasing bad debts are hiding them within the TARGET2 system. The first wave of Covid-19, which is leading to bankruptcies throughout the Eurozone, is now being followed by a second wave, which will almost certainly take out a number of important banks, in which case the cross-border euro system will implode.   https://www.goldmoney.com/research/goldmoney-insights/the-destruction-of-the-euro
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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?
       
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      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. 
       
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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.
       
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      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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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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