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    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the 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.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
    • you still got that spreadsheet I did for you?   dx  
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Hi there, need some advice!

 

My son is severely mentally ill with paranoid schizophrenia and psychosis and an extremely vulnerable adult.

 

To cut a very long story short, about 4 weeks ago whilst I was on holiday I received a telephone call from an enforcement officer requesting a payment of £513.00 for an outstanding parking fine.

 

I explained to him very clearly that my son was currently in hospital in the psychiatric ward.

He totally dismissed this and said that whilst he was sorry that my son was in hospital he had to take payment and if not that he would take his car regardless of the fact that it was financed as he had the power to do so.

 

I explained that he is a vulnerable adult and that I was pretty certain he could not do what he was saying.

He continued to say that he could and he would remove his car if I did not make the payment.

As I was in Spain I felt that I had no choice but to make the payment which I did. 

 

I am now back home and my son is still in hospital and had a little time to look into this further.

 

My question is should the enforcement officer knowing that my son was in hospital and mentally ill referred this outstanding fine back to the creditor ie Lambeth borough council due to the circumstances and also waived the enforcement fee ?

 

As looking through the disability act this is the impression I am getting. 

Any advice on this would be greatly appreciated.  

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In exceptional circumstances we may be able to contact Marston on your behalf and get them to have a look at what has happened.

Please would you send me all of your contact details and the reference number of any documentation. Please send it by email only to our admin email address.

I can't guarantee anything but I can promise you that it will be looked at by a responsible person.

Please email me these details straightaway


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Thread moved to Bailiff/Enforcement Officers forum..please continue to post here to your thread.

 

Regards


Andy


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

 

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

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Nothing received so far


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I am sorry to hear about your son's illness. 

Given the seriousness of his mental health, does your son receive any disability allowances? 

Does he have a Blue Badge? If so, is it on display?

 

I am concerned as to WHY you would have received a telephone call from the bailiff? 

 

Before getting to the very late stage of a personal enforcement visit, Lambeth Council would have sent 3 separate notices (a Penalty Charge Notice, Charge Certificate and Order for Recovery)  to your son over a period of about 8 months. Do you know whether your son received any of these notices? If not, then there would be grounds for an Out of Time witness statement (or statutory declaration) to be filed. If accepted, a refund would follow.  

 

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Sorry for the delay getting back to you but had a very long day at the hospital with Drs and community mental health team sorting out the discharge today and care plan.

 

My son is in receipt of DLA higher rate personal care and lower rate of mobility. He does not have a blue badge.

 

The bailiff arrived my sons flat and my other son who stays at the property answered the door and explained that he was in the psychiatric hospital. He panicked as did not know what to do as bailiff was threatening to take the car and was insisting on payment even though he was told that he was in hospital was unwell and a vulnerable adult. Because he was so frightened by the bailiff he gave him his dads number who in turn gave him mine. The bailiff actually told me that he had spoken to his dad and that is how he obtained my telephone number. 

 

I can also say that that I am certain that the notices you have mentioned would have been posted through the letterbox but the ill son would not have opened them. The reason being, which came to light today is that he was not aware that any fine was issued and this is because the other son was the offender in the first place and he was hiding the letters ! 

 

The plot thickens 🙁. In fact after today’s meetings my son is being placed on the adult safeguarding register as other things have come to light. 

 

I will I’ll send my contact details via the email address you have mentioned, along with my sons details. All I have is email receipt of payment and reference number regarding this from Marston Holdings ltd which I will send to you as well.

 

Very kind regards and much very grateful for your time.

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Received, thanks


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