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    • I have added their poc in your above post for clarity.   you need to address para 3.    bump point 3 forward down 1 number and add in:   3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor .    if mcol is still flaky ….   MCOL is only one way of responding to a claim.  . If you are having problems logging in, or would prefer not to use MCOL,  you can fax, email or post your response to the Court instead.  If you send your response by e mail  please send it to ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim defence response” and quote the claim number in the subject field.  . neither by email nor MCOL do you need to inc I confirm that the above facts and statements are true to the best of my knowledge and recollection.
    • you should have done the pictures weeks ago not leave it till 1 min before you need to file a defence. you've been here +6yrs and have numerous court threads and numerous private parking ticket threads  but somehow always seem to screw up one way or anther..   if you look on google earth street view you can see the cameras and the entrance/exit layout which matches the photos from that link I gave you and your upload which I've now redacted properly now .   POC   1.Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019.   2.The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract).    3.ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period.   4.Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach.   5.As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)).   defence:   1. i am the registered keeper of the car Reg No. xxxxxx mentioned in the claimants claim.   2. the defendant denies that any monies are due to the claimant because there was no breach of contract to create a cause for action.   3. The claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied.   4.The defendant denies exceeding any free parking time in addition to said grace period as neither the land owner who may have employed the claimant to manage parking with a current paid for contract covering the date of the overstay nor the claimant have any legal authority to vary any free parking period granted by the relevant council upon issuing the original planning consent for the entire walkden retail park.    needs firming up people...   you can file by email if MCOL is playing up still though from research today 99'9% of all PPC claimforms are being postponed for many months by all courts now,      
    • OK, excellent, please take pix both of KFC signs and also the signs in the surrounding car park, as I reckon that KFC has unilaterally tied to change the permitted parking time in their bit of the whole car park.   Also park in the main car park, not KFC, as I've read reports of invoices being issued for motorists who have parked in the KPC bit even if it's closed at the moment!!!   Could you reply to what I asked in post 57 please?  If you don't reply, it's difficult to give appropriate advice.        
    • I’ll get a picture of the signs tomorrow and see where I get ringing the council about the planning. Also how long do I have to get the defence in? I know you said I will have leeway but I can’t have that much.    Thanks  Andrew 
    • now read the letter properly and carefully.... doesn't say WILL anything...   unless you are purposefully buying these in bulk and knowingly doing it their client will not be the least bit interested in you.
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toshyboy

two welcome finance loans

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Then they have not complied with the S.77 request

 

If you have not sent them an account in dispute letter already do so - if you have already sent it you can write to them and remind them off this fact.

 

You could also mention that you have pointed out CPUTR 2008 in your previous letter and that by them stating they have complied with a valid S.77 request they are attempting to mislead you, which is against CPUTR 2008 and OFT guidlines on debt collection.

 

Have attached a link showing what they shgould send you to comply with a CCA request.

 

S.78 request requirements.pdf

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Yes 8 weeks is the MAXimum time limit they have to sort out your complaint, when they don't you can automatically escalate your complaint above their heads.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Who would I escalate this too if i dont get a reply after 8 weeks?

 

Cheers dadofolly - i'm a little confused though - should i wrote a letter informing of dispute with welcome or to say they havent complied fully with request. Or indeed both??

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Just that they have failed to comply with your CCA request.

Here is the letter template - just amend it for your needs.

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

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Thanks for your help guys. I'll get that off in tomorrows post.

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Hi Guys

 

Got a further letter today dated 27th October. Exactly the same as the one I received on 25th which was dated 20th October, with a 1 page credit agreement attached.

 

I didnt send my reply to the 1st letter/agreement I received until 28th so to get another copy is quite strange

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Can you post up the agreement after removing

any identifying details??


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Are all the Ts & Cs included in the document.??

 

Brig.


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Hi Brig

 

This is literally all i got attached to a covering letter from mckenzie hall requesting payment in 7 days

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Did you send the account in dispute letter? if not send it asap, they have still not complied.

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I'm finding a huge number of Welcome

contracts popping up, some with years

of non payment BUT never defaulted,

loads of rewrites with the RW never signed

by them and never actioned.

This company has be run by gremlins IMO


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Brig You are not far wrong - the lost their CEO some directors and senior managers after they was found to have a £750 million black hole in their accounts.

 

They now only exists to collect because their financial backers were RBS, (now publicly owned). They have even defaulted on the PPI repayments and the tax payer is picking up the bill for that.

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yeah, i sent it at the weekend

 

Hi Brig, excuse my ignorance but what is the RW? Thanks

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Welcome had a handy but dubious ploy

of offering debtors who were in difficulties

rewrites of their loan agreements which were

to say the least detrimental to the debtor

these rewrites were often improperly or

never signed or executed and are basically

worthless.

 

Brig.


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Should my agreement have not been signed by a witness as their is a space for that at the the bottom of the agreement?

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Indeed so it is not always shown on agreement

now adays but often in the past a witness to the

debtors signature was part of the contract if this

has been ommitted the contract is open to challenge

in my opinion.

Often with Welcome contracts it seem another member

of their staff would witness the debtors signature, also

open to challenge.

 

Brig.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Interesting I wonder if thats why they havent sent me the t & c's

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They wont have the T&C's because they only ever copied the front page.

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This is why they are in the deep brown do do now!!!


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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be interesting to see how MH respond to my letter if they cant get the information

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Thats their problem - but no T&C's means they cannot enforce the debt.

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Hi guys

 

To update received a letter yesterday from MH saying they will request information from Welcome and should they not receive a response in 40 days they will pass the file back to them.

 

I was just wondering, if MH dont produce the documents and it goes back to Welcome is it still deemed "unenforceable" or would that just apply to MH.

 

After reading that Welcome now only deal in collections, my worry is if it goes back to them from MH that they would immediately issue against me to try and recover.

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No if it is in dispute it is in dispute - if welcome try it on just send them a copy of the original CCA request and dispute letters. Don't matter wh it is they cannot enforce the agrement without the T&C's.

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