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    • god where ever did you find all that twaddle rabbit hole stuff to go down .... no wonder you came here...we don't allow nor portray twaddle , neither lead people doen rabbit holes that then cost them money by sending PM's offering help of anything upto £360 for even a failed CCJ defence...   anyway enough of that BS. lets get you moving in the right direct , you should be ok as CEL are always losers if you do things correctly   can you fill this out please:   Received a Court Claim From A Private parking Speculative invoice?? - How To Deal With It HERE***Updated Aug 2016*** - Private Land Parking Enforcement - Consumer Action Group
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    • Hi All, I have received a parking ticket as RK (thats registered keeper right?) for overstaying by 16 mins in a well known wholesalers car park in Liverpool. I read some very confusing (and sometimes contradictory information on several sites) on how to deal with this. I followed the instructions to firstly challenge the validity of their claim. I wrote to them (no response) and emailed them. I had to guess at the email address because they provide only the registered office address or a 'claim line', which if i had contacted them on that, would have been agreeing to their idea of us having a contract in the first place (right?). i eventually got the admin email and sent it there, stating that i had already written to them with no response. I got a response saying that they do not respond to correspondence at that address and i should either write to them (already did) or contact via the appeals line or appeals email (again with the acknowledgement that its an appeal i need, rather than straight up confirmation). I asked in at the wholesalers customer/ member services in store about the car park ownership and they informed me it was a consistent problem and they didnt know the owner. I have contacted the head office in Herts for the information. (Customer services/ member services/ online services & complaints) for the information regarding ownership of carpark and the contract of agreement between them and the CE parking management with no luck. I received no further correspondence and therefore assumed that they had dropped their spurious claims. They acknowledged my letter with: "Response from representation team -  We refer to your recent correspondence. We accept for you to pay the original reduced sum of £100. The Parking Charge Notice has been passed to a debt recovery agency. All further enquiries, including payments, must be directed to them. Please follow the instruction on the correspondence you have received." I received nothing else until I receive a Northampton county court business service court claim. The amount is now in the hundreds (£274). I have acknowledged and sent back the form with nothing else written on it. now i have another week or so to mount my defence. I dont know anyone who speaks 'legalese' and frankly its giving me sleepless nights. Incidentally, at the time of the alleged 'contravention' there was a bout of sudden severe weather which was 'waited out' inside the wholesalers porch by several members and their children because the soft furnishings and electricals (for example) bought in store would have been destroyed by the downpour. Further investigation into the owner of the Civil Enforcement ltd has shown me that they are owned by CCP parking, who are in turn owned by Qa Nominees and are owned by people exposed in the Panama Papers scandal.   I am feeling like im a tiny part of a very big scam here, one that DVLA are profiting from. Under advisement, I have written a complaint to the wholesalers complaining about being treated so shoddily as a member. Under advisement, I have also written to CE ltd requesting a Subject Access Request. But I really dont understand the process or what steps to take now.
    • Hi Anney,   When you get the SAR, can you give us some more detailed info info like loan amount, date taken out, last pay't made, balance remaining,.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Hoist/cohen claimform - ex EGG now barclaycard debt


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4 hours ago, dx100uk said:

 

go find a ws in the legal successes forum for your same player s there are loads relating to WON - No default notice.

adapt it 

take it with you 3 copies.

1 judge

1 cohen

1 for you.

 

you could email the court and cohen.

but its really very late to do so...

 

investigating the assignment is not needed.

 

there is no agreement there

just pages of T&C that can be downloaded from anywhere including this site or hoists filing cabinet.

for those to BE a compliant Agreement there must be an online signup box with a tick in it

there also needs to be your printed name

and 

the time and date 

and

the IP address of the PC used.

these are fatal to their claim

 

there is NO DEFAULT NOTICE, that is FATAL to their claim.

 

plenty of examples of a defendants (your) WS's here already with exactly the above problems re T&C's and DN.

 

the above is what you want

you've already sent your defence, it was wrong. not SB'd.

so get a WS together that encompasses the above and rips their crap paperwork apart

and point to how important the lack of Default notice is to enforcement.

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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none you already filed your defence back in February

remember you said it was SB'd then found out after you filed it wasn't...

 

you are supposed to be making a WITNESS STATEMENT.

 

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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Solicitor suggested that it was an unlimited loan more like hire purchase citing balance transfers..

 

.I tried not to say too much or admit any liability and continued to say that I had no original documents or default notice...that all they had were assignment documents and that they had provided nothing within original timeframe for me to make an informed Witness Statement...no ticked box, name, signature, date (just a stamp saying 04/2008, and no IP address on Egg document in their bundle.

 

I kept repeating no. 3,4,5,6 above...went on a long time and he was in a rush but the Judge suggested that he could interpret the evidence as it is a County Court.

 

..judgement against myself the defendant..

.have to send proof of income to claimant and negotiate payment.

 

Thanks for the help none the less, the solicitor had to think about it and delved deep into Consumer Credit Act...

will make a donation as soon as possible...

 

I really appreciate all of your help, it's amazing generosity. I would just suggest that it is difficult for us as novices to really

 

understand how important particular "to do's" are, and it takes us time to follow the basic instructions/suggestions of 'CHECK CAG Library', or 'RESEARCH & READ File Threads' (in the library) {Navigating

the site is really tough and daunting for us beginners}.

 

Please don't take it personally as you are helping people for nothing, but it would really help if we the novices in panic and problems, could have a 'gravity' title above certain suggestions for example "IT'S (REALLY) IMPORTANT (TO DO THIS ASAP)".

 

It seems trifling but for people totally unfamiliar with the system here it would really help us to gauge on a scale how important certain things are.

 

I just explain this perspective in the hope of helping all involved as much as possible.

 

I will be making a contribution and want to thank you all very much once again for relieving a lot of panic as much as anything.

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On 30/11/2020 at 11:24, Gonadz said:

Notice of Allocation was in early August to the Small Claims track (Hearing) - not sure why but I didn't send any evidence...not sure if they paid the trial fee of £170 will phone the Court tomorrow...

 

Yes they did - 255 if I want to set aside with N.244.

 

Preparation is key...its not really about knowing all the laws and legalese... engaging with your thread and posting regularly at each step of the process...as highlighted above.....not leaving it 5 months. 

 

You could have turned this around with a well prepared witness statement...but because you didnt engage, everything becomes last min and a bit of a scramble and panic.

 

But many thanks for your proposed donation.

 

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 Topic please PM me a link to your thread

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Thanks again...I left it too long and paid the price. 

 

Another useful suggestion as all the pages look the same....

I thought I was on the thread page when I was actually on the private message page

(I'd bookmarked the PM page stupidly) so I couldn't see any replies.

Can I suggest a big Warning Sentence in BOLD or Capitals saying

BEWARE THIS IS NOT THE THREAD CHECK YOUR NOTIFICATIONS

Just a suggestion to help panicky users of the site who don't always think rationally.

 

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well its not a loan..

and had you followed the simple instructions here and just about any other claimform thread( of which there are 1000's

you would have done things properly, in the right order and in a timely matter to avoid the above ever happening.

 

not seen anyone have so much difficulty in understanding these things before here.

 

rather than faffing around on the site..why didn't you simply hit the link in the emails you get...much easier..

 

 

 

 

 

 

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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On what grounds ?

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 Topic please PM me a link to your thread

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