Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Hi,   it’s entirely up to the boss if they use furlough or not; but there’s no harm volunteering, and if you are ok with 80% and no top up, that’s good to say also. They can choose who stays and who is furloughed, yes.   Anonymous phone call to HSE is usually how I’d handle a safety risk where the employer is a bit tricky; risk assessment if they’re decent. But I imagine HSE are a bit busy right now.
    • Hello and welcome to CAG.   Here's a link to ACAS that should answer your contract questions. If you look around their site, you should find information about some of your other questions.   https://www.acas.org.uk/employment-contracts   I expect people will be along later with more answers.   Best, HB
    • 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.        
  • Our picks

Lotty_L

PRAC/BW Claimform - Payday Express /Express Finance

Recommended Posts

No i didn't have any phone calls from them apart from 2 weeks ago! 

 

I have read that they are known for harrasment, but I didn't hear? 

 

Do you think that would be a possible way to go? That account is closed though now but it was never registered at the address the loan was taken out. In fact I don't have anything with that address on it

Share this post


Link to post
Share on other sites

Is the account number (lloyds) quoted yours or not ?.......

 

And you didnt have a LLoyds account in Sept 2013 at the previous address ?


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 The National Consumer Service

 

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

Share this post


Link to post
Share on other sites

It was a joint account that I stopped using that was registered at the old address. 

Share this post


Link to post
Share on other sites

You just stated  above ......

 

That account is closed though now but it was never registered at the address the loan was taken out."

 

Now you state .......

 

" It was a joint account that I stopped using that was registered at the old address." 

 

Which one am I to accept ? 

 

 


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 The National Consumer Service

 

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

Share this post


Link to post
Share on other sites

It was closed years ago, about the same year this all happened. It has also gone off my credit file. I ment the same just worded differently sorry. 

 

It was a joint account, I stopped using it when I split from my husband. Because the account was never used it was closed. 

Share this post


Link to post
Share on other sites

who said the lloyds joint A/c Was closed?

did you both write and request it was closed?

 

why not ring Lloyds and see if they can tell you the last deposit date?

or if there WAS a deposit of the sum of the PDL around the date it was taken out?

 

I suspect the A/C wasn't 'closed' (whatever that means)

and your OH took out the PDL in your name without your knowledge?

 

just musing...


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Well these are the types of questions that will be put to you Lotty in court so if you dont have your ducks in line.....there's no hope.

 

This is how the scenario roles out as I read it up to now.......

 

On 9th August 2013 someone made an application for a payday loan to Payday Express using your name address (at that time) and your joint bank account details at the time.

lloyds account number xxxxxxxxxxx sort number xxxxxxxx.

 

image.png.6b4209eb5d0e81f5f1172cd670565147.png

 

This bank account was closed in 2010 when you split from your hubby...but was still active 2013 till 2010.The loan was approved and deposited into said account allegedly on the provision of the bank account details being confirmed and the debit card pertaining to this account authorising  continuous payment authority as security.

 

The loan was for a period of 27 days and the amount advanced was £225 (although the WS states £200.00 ) with a total repayment of £258.00 to be repaid by the 6th Sept 2013

 

As at 15th October 2013. the agreement was terminated with a balance of £349.00.A default note was issued 6th Oct 2013 by Payday Express .....a further default notice was issued by  Prac 15th  Dec 2017 although Im unsure why as the agreement had already been terminated as of 15th Oct 2013.

 

As far as your aware payment was never requested or the amount deposited.....Lloyds did not inform you of a payment being refused nor did Payday Express inform you that they couldn't collect which would seem highly improbable of them. 


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 The National Consumer Service

 

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

Share this post


Link to post
Share on other sites

the Lloyds account that was on the doccuments is the joint account.

I stopped using the joint account when i moved out, I went on to use my Natwest one which I still use to this day.

 

This account was actually closed 07/09/15, the customer services advisor just confirmed on the phone.

They do not hold any records for this payment going out.

 

There was various payday loans but not from Payday Express or any of its t/a names.

Due to being over 6 years ago they are not obliged to keep all records of closed accounts.

 

I did not have a computer at this address or a tablet.

I don't know how else it could have been set up?

 

Surely if it was from a computer it would have an ip address, or something?

 

 

 

 

   

Share this post


Link to post
Share on other sites
Quote

I did not have a computer at this address or a tablet. I don't know how else it could have been set up? Surely if it was from a computer it would have an ip address, or something?

 

A further valid point which you can add and adapt to my last post...then use that as your statement.

 

With regards to on line application in their statement I have posted the section above re " typing your surname and date " you give the necessary consent to be bound by the terms and conditions.Well you dont  ...you also have to tick the tick box which creates a digital signature...none of which is on the alleged application they disclose and rely on.


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 The National Consumer Service

 

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

Share this post


Link to post
Share on other sites

I would get onto drafting your statement now...using the claimants statement as a layout and guide and refute each paragraph and the reasons we have discussed ...you statement should have been served last week and you only have 4 days to your hearing...you may be barred from using it if its too late.


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 The National Consumer Service

 

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

Share this post


Link to post
Share on other sites

ok, I have made a start now, do I use the numbers on their statemnt and reply to them or set my own out?

Share this post


Link to post
Share on other sites

Respond to their numbers......

 

Here is a exampleWitness statement Lob.pdf defendant statement...you can use the opening and closing paragraphs if you wish


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 The National Consumer Service

 

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

Share this post


Link to post
Share on other sites

Thank you, is it also worth noting that at the time I was un employed and suffering from pnd?

Share this post


Link to post
Share on other sites

Being unemployed may be a factor as they granted an alleged PDL..illness not so.


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 The National Consumer Service

 

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

Share this post


Link to post
Share on other sites

Could you glance your ever so helpful eyes over this before I tidy up and submit :) much appreciated!

ws bwLegal.pdf

Share this post


Link to post
Share on other sites

Okay its a witness statement not a defence..heading should be Witness statement and in support of your defence date Aug 2019 not Jan 2020.The claimants claim was dated Aug 2019 not Aug 2020.

 

I would add a paragraph after your point 1 that you apologise in advance for late filing and serving and respectfully request the court allow leniency given that you are a litigant in person and was not sure of the procedure.  

 

I would remove "  Paragraph 28 states the Agreement were duly assigned from the originating creditor on December 9th 2016, how can the originator sell an agreement that was never entered into."

 

The debt can still be assigned..the fact that its not yours is irrelevant...that between the assignor PE and Prac

 

I think you should include the following point as it cast doubt on the whole claim....

 

"As far as your aware payment was never requested or the amount deposited.....Lloyds did not inform you of a payment being refused nor did Payday Express inform you that they couldn't collect which would seem highly improbable of them". 

 

Andy


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 The National Consumer Service

 

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

Share this post


Link to post
Share on other sites

Brilliant, once I have corrected those points do you think it is good to go? I have covered everything? I am all of a fluster!

 

Thanks again Andy you have been so helpful in this matter, I would have been lost without you!

 

Lotty

Share this post


Link to post
Share on other sites

See my edit above just now


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 The National Consumer Service

 

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

Share this post


Link to post
Share on other sites

Thanks Andy I have seen and have amended :)

Share this post


Link to post
Share on other sites

Sent! Fingers crossed! Thanks again!

Share this post


Link to post
Share on other sites

Thats a copy to the court and the claimants solicitor ?


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 The National Consumer Service

 

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

Share this post


Link to post
Share on other sites

Yes, copies to both and printed for me to take on Friday. 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...