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    • You can draft the letter before action yourself and send it against the individual that's not giving you clear responses. No need to involve solicitors at this stage.   I would recommend you do it today, start maintaining a paper trail. 
    • Obviously the real proof will come when the contract is revealed. In the meantime you could write to the DVLA asking who applied for your data back in 2017. And show them the signage where both companies are listed and ask in view of who asked for your details, did the right one apply and what is their view on both companies showing on the sign. Is this legal and explain that you are in the middle of a Court case and they may be called.
    • dear simple simon. with ref claim xxxxxx on xxxx date you sent me proof of the signs at the time of you issuing the parking charge notices listed in your particulars of claim of the above court claim    these signs are not in the name of the claimant stated on the claimform ref above....   should you wish to continue with the said claim , i give notice this file will form part of my evidence should you wish to proceed and waste court time.   just musing
    • Applications for Summary Judgment are not awarded on who did or didn't do what......they cant get a default judgment on either as you have submitted a defence...they could get Summary Judgment.   Summary judgment is only awarded in the follow circumstances...   ·        A claim or issue or a defence to a claim or issue has no real prospect of success and ·        There is no other compelling reason for a trial. (CPR 24.2)   Summary judgment a Quick guide.docx
    • What I’ve read elsewhere (and from being in touch with someone who has won using the above argument - but who also notes that others have lost using the same argument- it seems to be dependent upon the court/judge) is that it is possible to win BUT I’m not entirely certain if it holds actual legal weight.    @dx100uk write a letter you say? To DBL or VCS?   something like this??;   I am writing in respect to the above noted County Court Claim issued by your legal team in connection to three separate Parking Charge Notices (PCNs) issued to vehicle registration mark XXXXXX. I was the named keeper of the vehicle at the time of the PCN issue but do not claim liability.   I wish you to note the following; whilst you may ‘think’ that you have adequate grounds to make this claim, the simple facts are that you have absolutely no right (in law??) and the evidence I have uncovered as a direct result of your claim, along with the evidence and wording contained in the communications you sent to me (dated XX August 2017) irrefutably show that you (Vehicle Control Services) have absolutely no claim in law.   Please be aware that should continue to pursue this claim not only will you incur your own costs but also costs that I will be claiming against you for bringing this unfounded and malicious claim which bears no legal weight whatsoever and is in breach of the IPC Code of Conduct (Versions 5 and 6).  Subsequently, I will be reporting you to the ICO for improper use of KADOE and to the IPC for breach of the Code of Conduct.   Yours faithfully,     Scans coming later.... 
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

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3 minutes ago, Monty Putron said:

if no letter of claim

OK will take stock, see where we are with the letters.

 

If I can find that they have gone PAP I will send the pro-forma letter in 5.

 

Will update in morning, I am sure I am missing some mail.

 

What if I don't have a PAp that they've issued?

sit on your hands

 

if you want to help others

scan EVERYTHING you've ever received up to ONE multipage PDF

read upload

 

it would be very useful

and if everyone did this

it would help everyone.

 

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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Here we go. ML PAP located. My reasons to dispute are many though, so if I just put no documentation provided as the reason I am not prejudicing anything. Scanning 2 docs into 1 is tricky but will upload asap.

 

 

Here is their FD rec'd 27 08. Initial contact was on 11 08.

MOR 2708 FD.pdf

 

Here is their FD rec'd 27 08. Initial contact was on 11 08, here's that one.

MOR 11 08 1.pdf

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for what reason?

 

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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3 hours ago, Monty Putron said:

This firm are now in the bargaining stage where they hawk respondent's details around in the hope of persuading one of their 'clients' to launch an action.

not sure who or what you are referring too here?
 

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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not sure how many more times in various ADBC/moriarty PAP LOC topics here I have to keep saying this....

 

Moriarty are not debt buyers, they are not a DCA.

 

they are solicitors that can only do something when they are told to and legally engaged to do so, by their stated client.

 

they have no legal powers whatsoever to willy nilly do anything without being told to as they are not the legal owner of the debt and never can be.

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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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Should they issue a claim without issuing a PAP then any defence must contain the following paragraph.....which has an adverse effect on costs .

 

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

Andy

 

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I may have missed a letter/letters.

 

I got a Moriarty text message referring to a different reference number than from the PAP I already replied to.

 

Should I also 'Pap-reply' to this reference number just in case?

They may be trying to backdoor CCJ me.

 

I have received nothing in the mail, but then my mail does go 'missing' a lot from my flat's shared mailbox.

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What does the text state in full ?

 

Reference number error ?

 

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 The National Consumer Service

 

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you should be blocking all text/emails.

they have your correct address from the other pap reply.

so they will be in hot water should they try a backdoor ccj on anything now...

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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But it still would not be a backdoor claim

You'd not miss every letter nor a claimform from the court

Be pretty unlucky if you did

 

 

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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2 hours ago, Monty Putron said:

Dear Mr X Please contact Moriarty law on xxx quoting ref xxxx

 

Its the 2nd text msg I've had, the first one had the right ref number, which I ' pap

replied' to

 

 

So they have yet to actually send you in writing a Pre Action Protocol and Letter of Claim ?

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

 

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Right...your post reads like you had two text messages.

 

" Its the 2nd text msg I've had, the first one had the right ref number, "

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

 

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I did get two text messages.

 

1) I got a written pap and I sent a written standard pap reply

2) Then I got the first text asking to contact them. It quoted a ref number that checked out. Ignored.

3) The second text came just last week, with a different ref number that was not the one on their written pap or 1st text. Ignored and blocked.

 

Just worried about that second text as it has a different ref number that I don't recognise.

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Irrelevant unless they send a further PAP with that reference number.

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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 Topic please PM me a link to your thread

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