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    • Hi.   Could you let us have the information requested in the forum sticky please? This will help us to advise you. In the meantime don't worry too much about this.     HB  
    • So last August my girlfriend went to Legoland with the kids (4 & 8) and her mum and then went to Pizza Express in Windsor. They parked at Castle Car Park.    They paid to park and went to eat. They were then a few minutes late back. There was already an attendant issuing a ticket. The attendant then waited until my girlfriend was over ten minutes late to issue the ticket despite her being there well within any grace period.   My girlfriend appealed to Ultimate Customer Solutions end of August but did not receive a response (they later said they emailed a rejection which my girlfriend never received until it was resent). Then in August she received the first debt collection letter. Then my girlfriend was advised to respond to UCS requesting an Subject Access Request (SAR) which they have not ever acknowledged or responded to.    So then we thought they had gone away until we received a letter from CSB solicitors (same address as UCS) advising they would be beginning court proceedings against my girlfriend. I told my girlfriend to complain that they haven't responded to any of our requests so she called the number of UCS and was basically accused of being rude to the t*** at the end of the phone. She wasn't but he wasn't very helpful and said they had responded to the appeal and sent it again. This was on the 16th January 2020.    On the 29th Jan this was sent after another chase to the solicitors:   I have reported UK Parkings ltd to the ICO as they are in beach of GDPR having ignored my SAR request. Further to this I was not notified that my initial appeal had been rejected and therefore cannot further appeal in a standard way and therefore I am awaiting further advice for ways to appeal against this unfair PCN.   As it stands should you decide to further contact me in regards to this matter without good cause I shall be seeking legal advice as per my statutory rights.   My girlfriend then received another letter from UCS threatening debt collectors (I told her not to worry about this) and so she wrote to the solicitors asking for an update:   Email dated 21/02/2020 I am writing to you regarding my email sent on 29th January, below. I still have not received a response from you and I left a voicemail for a solicitor to call me from CSB Solicitors, which I have also not received. I would like to speak to a solicitor regarding this PCN.   The solicitor responded via email the following: Dear Madam,   Thank you for your email.   Following your email below, we reverted this matter back to our Client for their instructions. We will only be able to respond more fully once these are received.   At this stage we have no further instructions other than to send out a letter to you dated 16 January 2020.   We hope to be able to respond more fully once these are received.   Yours faithfully,   Solicitor   So UCS are not actually doing anything they should do but nobody we have complained to has actually come back to us so not sure where to take this because I don't have time for court and I would rather just have someone take the (insert appropriate word here) to task on these unbelievably poor practices!   Any advice on next steps?   Thanks    
    • Hi Sneezer and thanks for your Site Donation which is much needed and much appreciated.   The info from the "Solicitor" makes sense if you were complaining about how CRS came to have your contact details. However, this is not relevant to your case. You didn't cancel properly and carried on paying for a gym you didn't use.   For the future, see the Guide here about how to cancel a contract properly and avoid trouble - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/     Come back anytime to update us but don't worry about CRS or anyone else who makes demands. Let us know if you need more for advice and reassurance.    
    • They were communicating with lawyers associated to me too   They can’t serve a SD on your lawyers, only you.   As I said earlier - the lawyer stopped communicating  around the date on the SD they incorrectly served.  And the bank told me the receiver was now handling things and not to deal with them anymore.   The receiver never asked me where I was.  But he did email and I did reply or he did get auto reply.   Since I did have email communication with them - I don't think they could say they did everything possible to find me,  All they had to do was ask!  And then we could have discussed the situation.    It almost is the reverse - they did nothing to try find me.  And if a PI is employed to do surveillance then he must have realised only one person - the wrong one - lived at the  wrong address.   Does anyone have any info re post #26 and #28 above?   The property is being marketed for sale and the receiver is negotiating offers, so there was no reason for me to expect bank/ lawyers to be trying to locate me to serve any papers.      Surely any loss to them has to be proven upon an agreed sale.  It hasn't sold yet,   They may still get a high enough offer to prevent any large debt?  There could then be a different discussion re terms of repayment?   So I was not expecting anyone to be trying to find me!   But this is a bit of a digression from what  should I be doing NOW? Should I send them an SAR?  If they do intend to serve me correctly this would be useful, yes?   I am sure they have added all sorts of unnecessary costs to the debt that could be challenged?   Also there is a question over if they even had a valid notice of assignment?  They would have to produce that in the SAR wouldn't they?   This was a real query for me ages ago but it never got pursued legally.
    • Expect them to bring up every communication and claim that you’ve been dodging them / not providing them with an address to serve to.......
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cosmicgirl79

Erudio/Drydens - claim court form - ADVICE NEEDED

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Hi, 

I sent the CCA request and CPR 31.14 - I sent this almost two weeks ago on the 2nd October. I have not heard from either. 

 

This is what I’m planning to add in the defence which I will tonight - it is due by Friday 18th OctOber this week. I just wondered if what I’ve written below is ok? Thanks to all for advice and wise words. 

 

1 The Claimant's claim was issued on (insert date).

 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

 3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied.

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that is our SB defence yes

simply copy and paste it into MCOL.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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This question on the MCOL WEBSITE? - Do you wish to make a counterclaim?

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Have we said that?

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please don't hit Quote...just type we know what we said earlier..

 

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I see on the website it says I will need to pay the appropriate fee as listed in the table before you can submit your counterclaim online. - Just wondering about that?!

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Have we said do that?


please don't hit Quote...just type we know what we said earlier..

 

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So it's a no and then it's sent? The website is just wrecking my head! 

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there are over 15 erudio claimform threads here with how people have responded to their claim by entering a statute barred defence

you need to be reading up as part of the self help of CAG

as what to do

how to do it

whats next

how things progress through the differing stages of the claim

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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Very helpful links - thank you 😃

 

Defence sent! 

 

Surprised Erudio or Drydens haven't responded to my request! 

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what have they got that they can respond too that counters your SB defence?

zilch.

 

as with every erudio claimform or PAPLOC thread on CAG

you solely got the claim because for whatever reason , to that date, everything was ignored.

 

once a response is made

they go away.

 

default CCJ avoided.

you must read up and understand how arrows [erudio!!] operate

 


please don't hit Quote...just type we know what we said earlier..

 

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I filed the defence two weeks ago. I haven’t heard a thing. Is this usual? 

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did you get an ack letter from the court that they have it?

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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1 hour ago, cosmicgirl79 said:

I filed the defence two weeks ago. I haven’t heard a thing. Is this usual? 

 

Well yes considering the claimant has 33 days to decide if they wish to proceed...you need to brush up here and read a few threads on what the normal process is.

 

Andy


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

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It has now been 35 days and I have not heard anything. Is this the usual if they can't counter the SB defence?

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read the letter the court sent you ack'in your defence


please don't hit Quote...just type we know what we said earlier..

 

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Drydens have recently responded to my defence. 

 

It says: “Having now had the opportunity of discussing the Defence with our client, we enclose the following documentation addressing the issues you raise in the Defence and in support of the our client’s Claim against you:

 

The relevant limitation period in respect of this type of debt is 6 years pursuant to section 5 of the Limitation Act 1980 (“the act”). By section 29 of the act, there is fresh accrual of the relevant limitation period upon each part payment. We can confirm that the last payment was 18 April 2017 in the sum of £25.00. The limitation defence which you have filled is therefore, without merit”.

 

Then it goes onto say, “we are in a position to progress our client’s Claim against you and would therefore, invite you to now settle this matter without the need for further legal action."

 

Then it says I have 14 days to make the payment or contact their offices. 

 

I’m concerned that it is “14 days” from when the letter was dated, however the letter only arrived this Tuesday (3rd December) although it’s dated 19th November. There isn’t a date stamped on the envelope. 

 

I really don’t want to make contact with this organisation. What can I do? Thanks 
 

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ignore their timeline the claim is well stayed.

 

so have you paid erudio anything since they wrote to you in 2013 was it?

you've mentioned anything before?

 

dx

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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I have just been checking my old bank statements and it appears I made a payment to Capquest?! 

 

So does that definitely counter my SB defence? 

 

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opps why didn't you say so

are you sure this payment wasn't made against a differing account number than the number in their POC?

 

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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I completely forgot, I didn’t think as it was Cap-quest. 

 

I checked and the payment matches with the number in the POC. 

 

I don’t want to call Dryden’s although I’m concerned about the “legal” action.

 

What do you think I should I do next? 

 

Nasty company!

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well the claim is stayed so don't panic for now.

 

is this the ONLY payment made

and how did capquest get this out of you?

by phone?

 

explain what caused you to make the payment and how you did it please

 

dx

 

 

 

 

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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From looking at my emails - they wanted me to set up a plan..  I made three payments of £25 in 2017. Which I forgot about. So is that right that the SB claim is null? 

 

 I stopped because I thought I had defered. But then I realised they had taken over the loan from SLC. 

 

I'm not keen to call Drydens - what can I do next? 

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Who said you have to call anyone

Yes it might upset your defence..however..

 

So how did they con you into paying when you have never earned over the threshold??

Can we see these emails suitably redacted please


please don't hit Quote...just type we know what we said earlier..

 

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They are only confirmation emails to say that I have made a payment. It doesn't have that much info on them. Is it worth calling Capquest? 

 

I also can't seem to find any paperwork from Capquest. I guess it was threatening letter - saying that Erudio have passed on my account. 

 

 

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no ringing these fleecers up is what got you in this mess in the first place!!

 

why after 10yrs of being here....

having numerous DCA threads...

being told numerous times NOT to ever use the phone or email

you DO SO and get had blind!!

 

note to future readers..

 

.NEVER EVER RING OR TALK OR EMAIL A DCA OVER THE PHONE OR AT YOUR DOOR!!

 

 

 

 

 

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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