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    • I wonder if anyone can help me. I had a loan with a high street bank from about 10 years ago and I had to stop paying because I lost my job. I reduced my payment to a token payment for a few years but I then ceased this some years ago because I took some advice from an online forum which said that I should ask a ‘Subject Access Report’. I did this and I also asked for a copy of the contract with both signatures which highlighted that myself and the bank had a contract and what its terms were. As the loan was made up of an overdraft and a formal loan I thought they would have paperwork. However, eventually the bank responded by saying that they had no contract and they admitted that as such it was not enforceable in court. Over the last year, the bank have again appointed Moorcroft Debt Recovery Limited to use their strongarm tactics. I have not been responding to the last couple of letters asking me to contact them to arrange a payment plan and now their letters are becoming more threatening. Here is the text of their latest letter……. Quote   We are aware that you have failed to agree an affordable repayment plan with us concerning the above account.   As no agreement has been reached we are now in the process of reviewing your account to consider the steps which may be taken in relation to further debt recovery action. The options include recommending one of the following:   ·         1. Continue in our attempts to contact you by letter and phone. ·         2. Instruct a local representative to arrange to call at your home address to try to re-establish contact with you.   To prevent possible further action you must contact us. Failure to contact us by the 22/10/19 will result in one of the aforementioned debt recovery actions being undertaken without further notice.  Unquote As you can see, they are now getting more threatening. I really do not want people knocking at my door – does anyone have any ideas as to what I can do to sort this situation? I do not want to pay for something that seems unenforceable but I do not want knocks at my door either. Any help would be appreciated.   Kind regards    
    • Yes it was a tomlin/consent order I have a recent statement its not showing any additional charges on it. The statement does not show the balance to pay each month, as the contract was terminated in March 17 and the termination bill was added to the account so my payments reduce the account balance £14262.38  Capital £6995.00 Interest £7213.38 Plus 3 x £18 charges  I presume if it went to court again I would be notified?    I thought court costs and charges could increase a balance owing but not be included in arrears or court proceedings when listing the amount owing, or am I wrong?    
    • Check to see if they are adding monthly charges inflating arrears as per DX.
    • .So I’ve been at the flat for a number of years , you had to be a certain age back then, now all ages and couples with young babies get put here , first floor , no garden not a good area not so bad either .   ive just had a letter to say I’ve been taken off the list to transfer to a more appropriate home ,  no notice just taken off, council are saying my age group no longer qualify.. I spoke to equality and human rights council they suggested I complain siting The Public Sector Equality Act 2010. ( The General Duty and Specific Duty)  relating to age discrimination.      But I’ve also come across this in LAW Quarterly online Mag.    LHA’s allocation scheme suspending applicant’s ability to bid (R (Alemi) v Westminster City Council) The High Court has held that Westminster City Council’s allocation scheme suspending certain applicants from bidding for social housing for 12 months breached section 166A(3) of the HA 1996 (setting out which groups of people should be given reasonable preference when allocating housing).   Interesting i thought?               
    • so you've had a notice of assignment then?   if so that's rare for nasty west to sell it on they typically litigate themselves so I bet the debt is vastly inflated with penalty charges and the interest they attract.   i'd be sending NW an sar get all the statements. then go thru them with a fine toothed comb.   could be £1000's to reclaim....   pers i'd stop paying   what was the original debt amount and what is outstanding now a bit more info on the history please   dx    
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joa1

Excel ANPR claimform - Ashton Retail Park, Ashton Under Lyne - gotta file WS by 23rd oct - help

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Yes, certainly.

 

You want both companies to embarrass themselves in court by being unable to show they have the authority to bring the claims.

 

The fact you couldn't find planning permission is excellent - it means they don't have it.  Another thing to put in your WS later and another kick in the nuts for Simple Simon.

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nothing is included with a DQ

MCOL involvement pretyy much ends once N180's are filled in.

 

and whats this 'letter' you've sent, about what and to whom?

 

get that PPC PCN CPR31:14 running

 

get constructing your witness statement

the time is ticking.

 

 

 

 


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Quote

I went on to the MCOL and all it shows I filed a DQ on 29/07/19, and that Excel filed a DQ on 30/07/19, and the claim was transferred to Manchester on 4/08/19.  Should I be able to see what Excel have put in the DQ?

 

 

I would imagine the same as you did on yours.....they really should have served a copy on you...as directed within the DQ.

 

Andy


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Hello Andy, dx100uk & FTMDave,  thank you for your time replying back to me, firstly the letter that I have sent is to Excel Parking & Manchester County Court, recorded delivery, it’s pretty much the same as the one I read on here.

 

In answer to your question regarding the DQ, the form said it must be served to the court and the claimant so that’s what I did, does that mean that Excel should have sent me there claim reply, or was the original claim they sent the DQ? Sorry I know I sound like an imbecile.  

 

I’m not sure what you mean dx100uk, by the PPC PCN CPR31:14 running (sorry) 

 

Jo

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On 07/10/2019 at 21:15, dx100uk said:

get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.

no need to sign anything

is the CPR 31;14 you should sent NOW if you've not already done it.


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2 hours ago, joa1 said:

firstly the letter that I have sent is to Excel Parking & Manchester County Court, recorded delivery, it’s pretty much the same as the one I read on here.

copy whatever it is you sent above to a PDF here please

 

the DQ N180 is what you sent to the court and excel, excel should have sent you a copy of THEIR completed DQ N180 as you did to them.

 

the original claimform is just that, the original large brown A4 envelope from northants bulk court informing you excel had raised a claim against you.

 

if ive read things correctly you are now awaiting the N157 from Manchester.


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Hi,

I have had the N157 claim form, I got it on 21st September.

Is this bad that I've got it already?

I'm really scared now.  

 

I found the letter before claim from Excel  when I was looking for letters from -VCS.

I will upload it,

 

and also the letter I sent to Excel & the court manager at Manchester County Court.

 

Thank you.

 

Excel-Letter Before Claim.pdf Letter to Excel&Court-Request Information.pdf

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N157 is a Notice of Allocation....not a claim form...it contains the court directions what you must do next and by what date.

 

Who advised you to send a CPR 18 Request ?

 

Andy


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:frusty:


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Hi, 

I tried to be forward thinking and sent it before asking for advice from you guys🙈. Once I started reading all the advice on here, I realised I was into deep and I wasn’t going to be able to defend the claims without some advice/help. Im really stressed with it all, can’t sleep or eat, I feel I want to just pay up just for my mental health,🥺 but then I think NO don’t let them browbeat you into paying  for for a beach of contract I wasn’t even aware of ! 😡

Have I messed up ? Badly? 

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hey you are here now.

you'll get there.

 

ideally like your other case should have been a CPR 31:14

 

dx

 


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52

Hi me again, 

 

Just got home to a letter from  Excel Parking 😣

 

Dear Sir/Madam,

 

RE: (claim number) Excel Parking Services v my name

 

We write regarding the above claim.

 

This matter has now proceeded to the  small claims track the directions have been set by the district judge.

 

We are confident that we have a strong case against you and we are entitled to recover the outstanding  parking charge notice and any additional costs, as set out in the particulars of claim. However, we are mindful that under the civil procedure rules litigants are expected to try and resolve their disputes wherever possible.

 

Therefore, we are willing to accept a reduced settlement charge of £125.00 payable within 14 days from the date of this letter. This offer is made on a  without prejudicebasis. Should you fail to accept our offer of settlement then we will continue with our claim for the full amount claimed and bring this letter to the courts attention upon the question of costs. To make payment, please transfer £125.00 to the following bank details using the reference 

 

We look forward to hearing from you.

 

Feels like Groundhog Day 🙄

 

Draining the life from me!!! 😦 

 

Is this scare tactics?

As received same yesterday from VCS........Or am I in out if my depth? 

 
 

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no its a begging letter

let things run.

 

did you sent those Cpr's today?


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Hi dx100uk

 

I thought so, as you said the same last night 🙂

 

Yes I sent them last night, Thank you for the kick up the #** I needed

 

Im just freaking out a little bit, I don’t understand why they are bombarding me with both PCNS as I haven’t had anything from Excel 🤔 

 

II need to get my statements done ASAP (as I’ve got 2 to do😾

 

Oh Lucky me........... 👍🏻

 

 

 

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Well, if I was going to court for an easy £226 win against an incompetent adversary, who I could humiliate and thus put off others who would dare not pay me what I was owed ...

 

... I would, er, get on with it and get myself to court.

 

I certainly wouldn't send letters saying I would accept £125 to avoid court.  Why would I give up £100?

 

Seems like Simon has got desperate after having to change his underpants and it is you, joa1, who is well on the way to victory.

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Hi,

 

Thank you FTMDave. I'm going to crack on with me defense statements now.

 

Wish me luck !!

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you mean witness statement

 

dx

 


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Yes Witnesses statement.

 

Thank you 😊 

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Knowing that Excel are amongst the greediest of the parking companies and would take you to Court for even the smallest of infringements if they though they would win, do you really think they would give up over £100. In any event if you were not the driver , the most they could legally claim was £100 plus interest [now around £20] and the £25 Court fee. So for £20 they think you would agree?

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Good morning  friends,

 

thank you you for the info. Just a quick question, do I have/need to acknowledge receipt of the letter to settle out of court? And if so, do I just write back saying thanks but no thanks?  

 

J

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I wouldn't start letter tennis, especially not by email. Sit on your hands for now and see if the others think writing back is a good idea or not.

 

HB


Illegitimi non carborundum

 

 

 

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god no!!

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi,


That’s good news. I thought the same, but just wanted to confirm. 


I didn’t want it to be something that could go against me in court


i. e. we sent the defendant a letter offering to settle out of court. 


As it says the court would rather both parties tried to come to an agreement of settlement without going to court. 

 

thank you

 

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