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    • Update further reply:    The Pitman centres are all franchise businesses so individually owned businesses, any refund would need to be sought from the centre that you paid the money to.   Of course we are sorry to hear about your personal circumstances, howeve, you have purchased the diploma three years ago, generally students complete the diploma within 12 months. You haven’t said which centre you purchased the diploma from but I would  say after 3 years  I would tend to agree with the centre in that you would not be entitled to a refund.   Anyone able to help?
    • Lowell has written to me concerning this debt on the 23rd of Jan 2020. letter states: We have noted the contents of your letter and we understand that you have no knowledge of this account. We are able to offer the following information regarding the account. • Agreement start date: 19/06/2014 • Application address: Flat 4, 3 Kempsford Gardens • Tariff Description: Phone BB Hardware • Disconnect Reason: Cessation by BT • Original Creditor: BT Retail Consumer • Mobile Number:02078351401 ( this is a landline ) • Client last payment date: 16/12/2014 • Client last payment value: 86.16 this is not £499.00 • Default date: 27/08/2015, this doesn't square with last pay date. • Airtime Debt Value:257.94 • Early Terminate Fee:241.99, can they charge this? • Billing Date:27/03/15 LOW105_230120 497503_ MACHINE \ 116\247 \ lof2 \ Airtime Debt is for the services used and the Early Termination Fee is calculated to reflect the remaining months of your contract which remain unpaid from the date of your account closure. We have requested from BT PLC a copy of the statements for the account to help clarify this matter for you. We will write to you further once we have received this documentation and in the meantime your account is on hold.   I obtain the SAR. it is attached: this is all they hold. 1. Can you explain the implications of the response  and the SAR as far as Lowell being able to collect the debt?   2. I responded to Lowell with this letter: Lowell Financial Ltd. 4875 Dear Sir: I write to you in response to your letter of 23 January 2020. Insofar that a relationship may have existed between myself and BT I cannot recall this account (Agreement) and request that you supply me with a copy of the Account/Agreement and other documents listed in the bullet points of your response. I  deny any breach  of the purported agreement. You have failed to supply me with a copy of the agreement requested . I have never received any evidence that you are the legal owner of the debt, by assignment, sale and purchase agreement or otherwise. I have never received and am unaware of any legal notice of assignment or Notice of Assignment pursuant to Law and property Act 1925 Section 136(1). This document is not referenced in your response. I deny that I have failed  to maintain the required payments to BT. It is denied that I have failed to respond to demands for payment sent by you and/or its agents. Lowell is put to strict proof that any such demands have been sent to me by you. a). Lowell appears to  admit it is the assignee of a debt, it is denied that the Lowell has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act 1925.  b). It is further denied any funds are due Lowell  because the Lowell appears to have sold this debt to another firm in 2019.  Lowell must therefore show how it has legal right, either under statue or equity to collect this sum from me. I  deny owing any money to Lowell  and you are required to produce evidence to support your claims that this sum is in default, due and owning this includes: a. Show how the I  entered into an Agreement. b. Show how I  have reached the amount claimed for. c. Show that I  failed to maintain the required payments and the service was terminated as claimed. d. Show that the statute of limitations on this alleged debt has not passed. 7. As per Civil Procedure Rule 16.5(4) it is expected that Lowell must  prove the allegations that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed in its response letter.  8. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to consider the fact that the provider no longer has to provide and pay for their service.  You state that the balance due includes £241.99. You must remove this from any collection efforts, and I dispute that this and all other balances are owed by me. 9. Show that I was residing at Flat 4 3 Kempsford Gardens on the alleged defaulted date of 27/08/2015 or any other date after 16/12/2014.  Alternatively remove any debt you allege is owed  because back billing and billing for unused services is not allowed. 10. Please explain Lowell reporting to the credit bureaus that the debt outstanding to BT is £674. The account number concerning 3 Kempsford Gardens Flat 4 which I hold is another account number which is BT xx7 start date is 15/07.2013. 11. The account number you claim is owed to you is an original account number BT xxx 07. You claim the start date on this account is 19/06/2014. Please explain the discrepancy between these two accounts including ownership of both accounts, and why there are two accounts you allege for the same address with different dates. Alternatively, if you have no explanation: You must cease and desist from collection activity including reporting to the credit bureaus, pre claim letters and any other forms of collection activity with immediate effect. Please write to me confirming that you will take no further action. Failing this I will file a counterclaim and ask the court for costs. Kind Regards      I received the email below last night: "I can see that we also hold the following account details for you:   Account Number Original Client Original Client Reference Current Balance XXX192 Orange xxx321 £285.91 XXX875 BT PLC xxx207 £499.93   I can see that the above BT PLC account is currently on hold, as we are requesting information from BT PLC directly.   1. how long does BT have to respond? the date of Lowell letter was 23rd of Jan. 2. if BT doesn't respond within that time frame, what can I do to get the account removed from the Credit reports? . 3. how can I get Lowell to stop collection if BT doesn't respond? what is also interesting is I have a letter from Lowell for the orange account and also a BT account, but the balance is £199.11 and the account number ends in 192. There are too many account numbers with different balances for the same address. any suggestions how I address this with Lowell?   Lowell writes:   "The period for recovering your Orange account by court action has expired. We will not be issuing court proceedings to enforce payment. However, your debt still exists and legally we are within our rights to continue to ask you for repayment. With this being said, this account does not look to have a payment arrangement set up as of yet. How would you like to proceed with this account going forward? If you can let us know then we can look to assist you further".   If the time has expired to collect a debt from orange, how do they have a right to collect? seems the SOL runs for both. how should I respond?   In the meantime, I have placed your Vodafone and Orange accounts on hold for the next 30 days to give you time to get back to us.   Can you give me some suggestions on how I unravel this and respond? Thank you.  SAR_BT.pdf
    • Hello and welcome to CAG.   Could you tell us what your contract says about overtime please? It will help us to advise you.   HB
    • Hi there,   I've been on a on call rota for some years now which as been a 1 in 3 weeks and been paid a weekly allowance for this service and overtime paid extra should I be called out. My employer now wants to change this to a 1 in 4 weeks which now leaves me out of pocket just for the on call payments a year.   Do I have an argument that i am effectively been force to take a pay cut and that i should be compensaited accordingly ?   thanks in advance for any advise.   Fred.      
    • hi again     the original supplier was AO but was out of warranty with them so hotpoint took it up.    the oven was replaced around January time, with us notifying them we was not happy fairly shortly after delivery.  hotpoint said the exact same model, which was delivered HUD61PS - but is only the same on model number. (Which I think is naughty as they changed a major function)       
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Dalsim

VCS -PCN Claimform - no stopping Southend Airport stopping PCN

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Hi,

 

hoping someone can help... 

 

I received a PCN for stopping to ask where to park for a pickup, so only stopped for a few seconds.

 

I have been ignoring the letters they have been sending.

 

They have now sent the attached claim form.

 

Should I now appeal? 
 

 

please answer the following questions.

 

1 Date of the infringement - 19/07/19

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

[scan up BOTHSIDES as ONE  PDF- follow the upload guide] 26/07/19

 

3 Date received - not sure

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] N

 

5 Is there any photographic evidence of the event?

yes

 

6 Have you appealed? [Y/N?] N

Have you had a response? [Y/N?] N/A

 

7 Who is the parking company? Vehicle Control Services

 

8. Where exactly - Southend Airport 

 

For either option, does it say which appeals body they operate under. IAS

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

 

copy the windscreen or ANPR section to your thread and answer the questions...

……....

in either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE  PDF ONLY

 

 

 

 

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please answer the following questions.

 

1 Date of the infringement - 19/07/19

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

[scan up BOTHSIDES as ONE  PDF- follow the upload guide] 26/07/19

 

3 Date received - not sure

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] N

 

5 Is there any photographic evidence of the event?

yes

 

6 Have you appealed? [Y/N?] N

Have you had a response? [Y/N?] N/A

 

7 Who is the parking company? Vehicle Control Services

 

8. Where exactly - Southend Airport 

 

For either option, does it say which appeals body they operate under. IAS

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

 

copy the windscreen or ANPR section to your thread and answer the questions...

……....

in either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE  PDF ONLY

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I have removed your pictures posted directly to screen of the claimform

we don't need them

 

please complete this:

 

 

 

you only got htis claim BECAUSE you wrongly ignored EVERYTHING

you NEVER ignore a letter of claim. which you must have gotten 1st before the claimform

 

 


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

 

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did you get a letter before action? if so when?

 

acknowledge the claim, ideally online via the govt moneyclaim site, You will need a govt gateway username and password. Once you have ack'd you have  a total of 33 days to submit a defence. this only needs to be an outline of what you will be saying if it gets to court.

 

These no stopping claims don't get there, they are not a breach of a parking contract, they are prohibitive in nature, ignore the 10 minute grace period and they are also trumped by the airport byelaws. VCS know all of this but they are crooks and are using the court system to coerce you into paying rather than trying to enforce a real debt. Once you have settled into your position they drop the claim but that wont be yet, they need to know your intentions.

 

95% of peopel have paid them by the time they have to write somehting for court so even thouth they are dishonest it is a numbers  game for them

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Name of the Claimant ? - Vehicle Control Services

claimants Solicitors: I can't see solicitor name on the form 

 

Date of issue –  2nd December 2019

 

Date  to acknowledge) = 20.12.2019

 

date  to submit defence = 03.01.2020 

 

 

 

What is the claim for – 

 

1.The claim is for a breach of contract for breaching the terms and conditions set on private land.

 

2.The defendants vehicle *******, was identified in the Southend Airport o 19/07/19 in breach of the advertised terms and conditions, namely stopping in a zone where stopping is prohibited. At all material times the Defendant was the registered keeper and/or driver.

 

3.The terms and conditions upon entering private land was clearly displayed at the entrance and in prominent locations. The sign was the offer hereby entering into a contract by conduct. The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the defendant has failed to settle the outstanding liability.

 

4.The Claimant seeks the recovery of the parking charge notice, contractual costs and interests. 

 

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Private Parking company Vehicle Control Services

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

No, So the car is registered in my brothers name and he has since moved house. He has received 2 previous letters, one for the original fine and then a subsequent one for the increase after 14 days. 

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Hi DX00uk,

 

My brother never received the letter of claim, but this maybe because he moved house and the letter never got forwarded to him. 

 

So I am going to acknowledge the claim via the govt moneyclaim site. In terms of the defence what should I say? 

 

ericsbrother,

 

As per the above I never received the letter of claim. 

 

Thanks both for your help. 

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pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.

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

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]


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

 

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quick tip:

it is NOT a FINE.


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

 

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completed the MCOL, just need to complete the defence. Is there anything I should and shouldn't say in here? 

 

With the CPR 31.14, do I send it to the address I have for them and get it signed for? 

 

Thanks

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defence is not due till day 33

follow post 7 carefully.

 

you can use recorded post for the cpr 

but as they never reply anyway

a waste of money

just use 1st class stamp with free proof of posting from any po counter.


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

 

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Ah yeah brill, will do. 
 

should I be using my name in all of this as it was me driving or the defendant’s on the claim form? 

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The defendant will have to take on the claim himself.  VCS are suing him, not you.


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

 

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plenty of our two - five line generic byelaw defences here already

 

but you are far too early yet to bother about defence.

 

your job now is to get reading up any/all PCN claimform threads here in this very same forum

get upto speed.

 

 


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

 

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Am I right in thinking your brother is the keeper of the vehicle, and so VCS are suing him - but you were driving on the day?  In your first post you wrote "I received a PCN" but did you really mean your brother did?

 

if so, you can prepare the paperwork in his name if you want, and a decent defence later on will probably lead Simple Simon of VCS to wet himself and give in (if you look through the forum, there are very recent examples of this).

 

However, in the unlikely event that VCS go all the way to court, it will be your brother appearing, so it'd be a good idea if he too started to learn the legal procedure and how to beat these fleecers.


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

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note your corrected date to file a defence too.


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

 

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Correct, my brother is the keeper and so VCS are suing him. 

 

I've submitted the AOS in my name now and I can't change it... Could this be an issue? 

 

Thanks

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shouldn't be no.

 

as post 13 then

 

post it up here 1st mind.

 

 

 

 


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

 

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With the CPR 31.14 do I provide my new address and use my name? Or should I use my Brothers name and his old address as he is the defendant? 
 

Is it the defence you want me to post here? 
 

thanks, 

 

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the defendant of the claim. 

 

defence issue already addressed in post 13.

 

 


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

 

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you will have to ask the court to change it as you are not being sued so have nothing to do with the matter. You have no locus standi

 

If they are smart they may twig this and go for a summary judgement.

It is commendable that you help your brother out but you cant atkethe matter over. If you were driving you can get your brother to state this and see if they want to waste money starting all over agin by suing you but they wont, they will rely on keeper liability even though they havent created one.

 

as for CPR again your brother's job or at least in his name and address

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So my brother has received a letter from the court saying the claim has be returned as it is invalid because it has been signed by a third party. Please see attached.

 

My Brother has only just received this letter as he has moved house and the mail redirect is slow. The address on the letter is 11th Dec and the original claim form was 2nd December. He is going to submit the claim form again tomorrow via mail but I presume this is too late, am I right? 
 

Thanks ,

 

 

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images/posts removed
.
please do not post jpg picture images directly to a post
.
read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only

.
that way only logged-in,registered and approved caggers are the only ones that can download and see them
.
else anyone can see them caggers or not.

 

 

just get him to follow the advice in post 7

 

don't miss defence filing date

 


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

 

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So he sent an email to them with the correct details so hopefully they make the relevant changes. 
 

I am going to start the defence response for him now, is there any links to help with this?

 

thanks

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can he not just do MCOL?

has he tried?

 

the defence will be the std 2- 5 line one with regard to the land being covered by airport byelaws that trump everything and those cannot be not enforced by anyone other than the airport themselves.

plenty of no stopping threads here already.

 

dx

 


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

 

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Your support for your brother is commendable, but I think you have to consider him taking over this case as if it gets to court he will have to understand the legal arguments and take on the fleecers - you can't do it for him.  He's being sued, not you.  You've already made the basic mistake of sending documents to the court in the name of an unconnected third party.

 

Hopefully VCS will wet themselves and run away after the defence, but that's not guaranteed, better to prepare too much than too little.


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

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