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    • Around 16yrs ago my partner took out a couple of loans to complete renovations on our property. Around 2 years later we both had to give up work due to our new born child having a serious illness. Without going into too much detail we lost our house that we'd literally put 30k savings into along with another 25k taken in loans to complete it.    We had to give up work to care for our child which meant we couldn't pay most of our large debts. 2 loans for around 22k were outstanding and were eventually passed over to a collections agency whom agreed to accepts £1pm. These debts were passed to several others collection agencies every few years with them attempting to either agree a deal or get more funds. I think the latest company has been around 4 years with us still paying £1pm.    Is there anything I can do to get this debt wiped? I appreciate I could contact them to make an offer as full and final settlement however I wasn't sure if there was something else that could be done due to the timeframe involved?    Just for info. Neither of us are employed and still care for our child. I don't envisage this changing in the immediate future.  The default on the debt is around 13-14yrs & the loans were taken out around 16 yrs ago.
    • So do I just challenge each point like this….. ( my answers and statements in red)   1.     The claim is for a breach of contract for breaching the terms and conditions set on private land. The defendant’s vehicle (reg no) was identified in the Headford Mews on 22/12/2020 in breach of the advertised terms and conditions; namely Parked without displaying a valid ticket/permit. – I had not entered a contract with VCS, Nor EXCEL Parking. I was merely parking in the allocated space for the property I was working at with the permission of the tenant and letting agent who acts on behalf of the landlord.   2.     The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct - There is no contract because the terms were not made clear to me or were incomplete.   3.     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. – Original PCN came from Excel not VCS and I have no way of appealing. The letter I received contained insufficient detail of the claim. They sent me a vague and un-evidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol. Their letter lacked specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. The letter came from VCS not Excel   4.     The sum claimed is a NOT genuine pre-estimate of loss. I did not receive a penalty charge notice I received a speculative invoice.   5.     The leaseholder/ landlord client who owns or rents the parking space has 'supremecy of contract' over the agreement the VCS and Excel have with the landowner and I parked there under my client's instruction.   6.     Wording of signage and charge notice makes it clear that the charge is a penalty  disguised as a contractual agreement. For this to be a genuine contract in the terms stated by the PPC. There is no offer for motorists to park at the tariff of £100 or even £60 per day, merely the statement that a breach of the terms will result in the motorist 'agreeing' to pay a charge. In making a charge conditional on NOT doing something this makes the charge punitive and clearly designed to dissuade and any charge must therefore be reasonable and represent either the actual loss or a genuine pre-estimate of loss to the landowner or PPC. Since the car park is essentially free for residents no loss was incurred. The PPC has indicated that they are not required to prove loss as this is a free service to the landowner and the charge was agreed with the landowner in order to cover business overheads. If £100 was to be a GPEOL then in offering a discount to £60 for prompt payment the PPC would be running at a loss of £40 per ticket. The charge is therefore disproportionate, designed to penalise a breach and is unenforceable.   5.The claimant seeks the recovery of the parking charge notice, contractual costs and interest. The sign is for £100 consideration, not £245.      
    • You can only push 'you need to give us what we want or we will sink our ship with everyone but us aboard' for so long .. especially when they just carry on sinking the ship anyway
    • I bought a glass washer for my pub, went off recommendations for a good local company and the supplier came out to do a site visit to see which machine would be most suitable. Spent just short of £3k on the washer. Since installation I’ve not had one clean glass, the supplier has been back a few times to adjust settings and then said we needed a water pump, so we bought a water pump through them to increase the water pressure to help the final rinse.  Still no clean glasses (glasses have rinseaid residue on them so they look very streaky)  Tried more settings, swapped the machine in case it was a faulty machine.  Still no clean glasses. I got in touch with the manufacturer, as by this point the supplier (distributor of the manufacturer) was ignoring my calls/ messages. They sent an independent engineer out to site to see what the issue was. Independent engineer identified we don’t have enough water flow for this machine - that in actual fact we needed a different kind of machine that stores water for the final rinse rather than using it from the water pipes (bit like a toilet tank) Original supplier said ok we’ll swap the machine out but we’ll only give you 80% back for the water pump as it’s now second hand (had it about 5 weeks because they told us we needed it) and the new washer will also cost more (I can accept the new washer is more as it’s a pricier model)  All agreed. Invoice sent, although I wasn’t happy about the water pump. Next day I get another invoice - the manufacturer sent the supplier/ distributor an invoice for the independent engineer, the supplier/ distributor has now sent it onto me (£350) and said if I don’t pay it he’ll no longer swap the machine. So…where do I stand? He’s the ‘expert’ that did a site survey and sold me a machine that isn’t suitable for my site I was never informed of a potential fee for the independent engineer. When the invoice landed for it I asked when he informed me of this, his response was ‘well I’m telling you now’ (after the event) claiming because there is nothing wrong with the actual machine and it’s an issue with my water supply I have to pay. If I don’t pay I’m left with a machine that isn’t suitable for use and down nearly £3k. I called the manufacturer and they said they won’t get involved, but they apparently did tell the supplier/ distributor they would charge him for the engineer if it wasn’t a fault with the machine. The invoice is from the manufacturer made out to the supplier/ distributor not to me.  Where can I go with this? Distributor agrees they should have been aware of the water flow when they did the site survey, but says they’re having nothing to do with it and it’s between me and the supplier to sort. Supplier started making threats on the phone saying if I tell other pubs he’ll take legal action and that he’ll only swap it all out if I accept less for the water pump and pay the independent engineer fee and pay more for the new machine.
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Creation Finance/Shoosmith Claimform - old Flybe Card - Now N244 to lift stay and request SJ


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What is the status of the claim on mcol?

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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IN THE.pdfIN THE.pdf

Out of interest which credit card and whos the claimant ?   Looking back at your history Webby...Im amazed with all the court successes you have had that we have advised on you opted for the

had to hide the post with the WS in as the PDF's have your name showing on lots of letters  now   sorted  

Claim Status

A claim was issued against you on 06/02/2020

Your defence was submitted on 11/03/2020 at 23:23:45

Your defence was received on 12/03/2020 at 08:05:42

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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So the claim is stayed

yours in not the next move then

 

when you filed your defence did you also then or previously sent cca/cpr request s??

 

Can you scan up all they have sent to one multiple page pdf please

 

Not single page files please use pdfmerge in our upload guide

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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yes to CCA/CPR request

 

doing the files now

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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One file only please

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

this is part of the pack Shoosmith sent the entire contents are 54 pages and when merged into pdf it come to 33mb even with the images at 200dpi. The parts I have not posted are the statements from June 2017 to Sep 2020 and a financial means form.

 

docs return .pdf

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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where the signup tick box and time and date of that 

and evidence of the IP used?

was this an online sign up?

 

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... 

Link to post
Share on other sites

yes it was an online sign up

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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Cant see them wasting £244 to try court without a signed agreement online or otherwise.

 

the funny thing is in the last 2 dealings ive had with sigma there was never the signup sig sheet either. Nor the proof of ip address used.

 

 

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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do I sit tight and wait for their next move or fill out the Financial Means form?

 

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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Why?

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
  • 1 month later...

Received this letter today, what should I do?

img-210220180228 edited.pdf

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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i advise you to use DAZ washing powder...

 

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... 

Link to post
Share on other sites

thanks DX, I kind of guessed they we're trying to swing the lead

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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  • 4 weeks later...

Received this last week, should I do anything?

Dear Mr

I act for Creation Financial Services Limited and write further to my letter dated 18 February 2021. I note that we have not received a response to that letter and attach a copy for ease of reference.

 

I ask that you contact me with your response by a date no later than 24 March 2021, failing which I will have little option than to seek my my client’s instructions to make an application for summary Judgment.

 

Should such an application be necessary, I will also be seeking an Order from the Court that you pay our client’s costs.

 

I trust the above course of action will not be necessary and look forward to hearing from you by no later than 24 March 2021.

Sarah Hancock
Chartered Legal Executive

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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ignore, letter,or email? was it?

 

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... 

Link to post
Share on other sites

Email, but thanks again

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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you've been here long enough to know you should be ignoring, blocking and bouncing all emails from any fleecer or their dogs.

it's just a cheap way to harass people...but sadly some will wet themselves and fall for it...so its worth for a free email. just remember they have no way of knowing you ever read it anyway..

 

as long as you've not moved since the stayed claim, then should they really be that intent in issuing an n244@£255 then they will do so .

 

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

very true dx I've been here a while now, lets see what they harass me with on the 24th March

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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  • 1 month later...

Help needed, received this from the courts stating they want the stay to be lifted, I'm not sure how I stand with this because as part of the agrement I'm still paying them the £2 a month as agreed and as stated in paragraph 14 of the witness statement also in the letter dated 13th January

 

Claimants N244 WS + Exhibits.pdf

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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On 12/03/2020 at 01:21, dx100uk said:

aha...sigma bank.

now I've been in court twice with Flybe (sigma bank) debts and they couldn't get the CCA for either of them.

however this is the Original Creditor as a claimant not a DCA like mine cabot.

 

 

 

so still no enforceable agreement then.:pound:

 

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... 

Link to post
Share on other sites

what's my next move?

 

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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Share on other sites

says that on the order.

 

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... 

Link to post
Share on other sites

Evening Everyone

Received another letter from Shoosmiths today which is attached but I've added the letter sent to me a year ago.

 

I'm guessing even though they have accepted my £2 a month offer they have worded it well enough to be able to take this to court.

 

I'm getting worried because i do not know how or what is a skeleton argument and how to make one, I've read up on it but worried I'll get it wrong

 

Many thanks

 

 

 

I think this one should work

Shoosmith_18-05-21_and_20-02-2020 blanked.pdf

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

Link to post
Share on other sites

had to hide the post with the WS in as the PDF's have your name showing on lots of letters  now   sorted

 

  • Like 1

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... 

Link to post
Share on other sites
  • Andyorch changed the title to Creation Finance/Shoosmith Claimform - old Flybe Card - Now N244 to lift stay and request SJ

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