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    • In short you never communicate with a Debt Collector, they have no power here at all. The snotty letter is only used to respond to a properly worded Letter Before Claim. The only time you would be recommended to contact the PPC is to send the snotty letter. You do nothing but keep the tripe they send you unless you receive a letter before claim.
    • Probably to do with the Creditor accepting the reduced payments claim as part of the IVA. - Thats my guess anyway.  As for the mount outstanding... 60k is incredible and im pretty sure a DRO wouldnt cover that much even after the new legislation.    For you @Alfy - Please stay headstrong and stop worrying. My viewpoint on debt with debt collectors is simple. You are a figure on a spreadsheet loaded into a database for them to run a collection cycle through.  They dont care about emotions or your situation, they just care about paying off their shareholders and trying to turn a profit.  They use varying tactics to increase the pressure on you to the point where you will break. People then fall for this an either cave in to DCAs before doing their own due diligence on the debts that are purchased or turn to IVAs like you have.    They are better ways to handle this and Im glad you feel better after a good nights sleep - I hope you can keep it up. 
    • Good afternoon,    I am writing in reference to the retail dispute number ****, between myself and Newton Autos concerning the sale of a Toyota Avensis which has been found to have serious mechanical faults.    As explained previously the car was found to be faulty just six days after purchase. The car had numerous fault codes that appeared on the dash board and went into limp mode. This required assistance from the AA and this evidence has already been provided. The car continues to exhibit these faults and has been diagnosed as having faults with the fuel injectors which will require major mechanical investigation and repairs.    Newton Autos did not make me aware of any faults upon purchase of the vehicle and sold it as being in good condition.    Newton Autos have also refused to honour their responsibilities under The Consumer Rights Act 2015 which requires them to refund the customer if the goods are found to be faulty and not fit for purpose within 30 days of purchase.    Newton Autos also refused to accept my rejection of the vehicle and refused to refund the car and accept the return of the vehicle.    It is clear to me that the car is not fit for purpose as these mechanical faults occurred so soon after purchase and have been shown to be present by both the AA and an independent mechanic.   Kind regards
    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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VCS PCN spycar capture - claimform - no Stopping in Restricted Zone - Bristol Airport ***Claim Dismissed***


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You want a remote hearing, on the papers is a no no it  allows VCS to insert more lies you can't challenge.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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face to face.

 

 

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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It's says that you can ask for the claim to be "deferred until after the current Covid-19 restrictions have altered sufficiently to permit a hearing which the parties attend in court", but I'm not sure how I give good enough reasons why I don't think a remote (phone, Skype etc) hearing would be OK...

 

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you don't have to give a rock solid reason

the mere fact you don't want on the papers for whatever reason is your legal right, you are the defendant.

 

i wish only a face to face hearing as i wish to cross examine the evidence produced by the author of their witness statement.

 

 

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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  • 1 month later...

the court has gone ahead with a phone hearing regardless of my objections...

 

The ICO have responded to say that they are investigating a complaint about VCS unlawfully obtaining details from the DVLA - this came after the submission of defence - is it still possible to raise in the witness statement?

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well its it is face to face

it will be like zoom or skype.

 

you have a date?
 

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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and when do VCS have to pay the fee by?

 

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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Share on other sites

you mean november?

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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It says "Unless the claimant does by 4.00pm on the 11 December 2020 pay to the court the trial fee of £25.00 or file a properly completed application......then the claim will be struck out" - seems like an error to me as I assume it would normally be paid before the court date?

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yea..

oh well.

so time to get moving on your WS

 

lots here already inc

 

 

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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Share on other sites

  • 3 weeks later...

Wrote to the court about the fee date being after the hearing, and they admitted it was a mistake so it's now 13th November, statements by 16th, hearing 9th December.

 

I've made progress on my WS, but I assume if I leave it till last minute to send, I can find out if VCS actually pay the fee before I do (if them not paying the fee on time actually gets the case dismissed rather than postponed)

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its far better to exploit you LiP status and await theirs before you file yours.

however

no harm in getting it ready and checked 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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Share on other sites

Thanks.

 

I've seen exhibit cover sheets mentioned on a few other threads - what do they need to include? Is it just a separator page before each exhibit itself with the exhibit number on it? Does it include the "title" of the exhibit too?

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plenty of VCS witness statements here already

use our search top right

 

but yes thats the basic idea

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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Share on other sites

I've done some reading and making some progress - should I replicate anything/everything that I've already submitted in my defence?

 

Also, I've seen a WS that includes a counter claim - should/can I include it? I didn't declare a wish to counterclaim on any of the MCOL/court paperwork.

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you do not counterclaim in a WS , you can however mention costs in a sep letter

you don't repeat your defence

your WS is in support of the points you made in that, further expanding upon them and including relevant Exhibits where necessary

it is also used to pull a claimant WS apart point by point

 

 

 

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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Share on other sites

just paper

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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Share on other sites

I was hoping to get some decent pictures of the signs at Bristol Airport ahead of the submitting my WS, but with lock down 2.0, I won't be able to. I've got a screen grab from Google Street View that shows one of the signs at an angle, but if anyone knows where I can get a better picture of the one attached, I'd be grateful - its the second sign on your left as you go in!

 

image.png.e0a36f5744be3ae91bace6497683ff4f.png

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plenty of byelaw no stopping WS's here already.

 

the very important bit here is that byelaws override any civil parking contracts that might exist. 

byelaws breaches can't be adjudged in a county court.

 

 a breach of byelaws is an issue for a magistrates court and the byelaw authority and byelaws enforcement cannot be passed to a third party.

 

any money goes to the purse not to the authority nor any third party.

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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Yeah, I've had a look through but not been able to find any with photos of the signs though, but I'll check again though.

 

In my WS, should I include specifics of the day - e.g. where the vehicle was, the fact it was only stationary for 11 seconds, not parked etc? I've seen those sort of details in some WS, but not others.

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Relate the 11 second stop using a definition of parking, as in stopped and planning to remain there and leave the vehicle impossible as it was a no stopping area VCS have form for invoicing people stopped to let pedestrians cross at a pedestrian crossing on Airport roadsas well

 

In any case as No Stopping is a prohibition and Airport is under Bylaws, its not in VCS remit to demand anything from you.  Re read the thread and check on what ericsbrother has said also.

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

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

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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