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    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
    • I suspect the judge is giving you the opportunity to change [should your wish] anything in your initial defence now that the claimant has played their hand. it doesn't say witness statement but formal defence.   dx  
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You wait until you get a proper letter Before Action, then send a snotty letter as per ericsbrother's missives telling them you and they know there is no case, look up some of EB's gems. meanwhile gather evidence of signage etc.


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why do you want to tip them off they've made a mistake under pofa?

yes keep it up your sleeve.

 

dx

 

 


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7 hours ago, ericsbrother said:

 we want pictures of the lack of signage as well as close ups of the signs. When I say close ups I need to be able to read the small print on the IPC  logo because there are 2 IPC's the International Parking Community and the Independent Parking Committee.

The latter is a spoof by someone who registered the name under the noses of Will and John of Gladstones who are also the IPC and forced them to change thier name to the former from the latter.

If the sign logo reads independent paking committee then the sign breaks the law and no contrcat can be formed and the parking co cant legaly apply for your keeper details.

This small point may be enough to get them to drop their claim later on as Will and John will be too embarrassed to continue when they have publicly stated they will sue any using the old name in relationship to their activity

 

Site is on right of pictures 1 and 2 here, further pictures show parking are and signs.

 

https://m.imgur.com/gallery/6ctHFLj

 

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so nothing at the entrance to inform the motorist they are being offered a contract to park there. It has been decided in other cases that it is the responsibility of the driver to read the signs but also that the parking co has to make them obvious and clear and this menas at the entrance to the land as well as scattered about. There are size implications, colour and size of the font, clarity of the written word, expression of core terms and so forth. The there is the detail needed to fulfil the protocols of the POFA and the CoP for the trade bodies. This signage fails the lot.

Insufficent signage covers a wide range of sins and the upkeep of the signs is also covered by this. There is a comparator for local authorities to adhere to so the parking co will ahve to show that theirs is better than this minimum standard even though the law is not strictly applicable.  For example, use of yellow lines and other markings that mean something on the public highway. If they fial to meet the requirements they do runa risk of being clobbered for passing themselves off as something they arent and that applies to the use of the little yellow and black lined bags the tickets come in, the use of the same number codes as proper PCN's etc.It would be rare to get a parking co prosecuted for such pretences but one got done some years back and nearly all of the others quickly changed the wording of their tickets very slightly.

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