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    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
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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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Palmer Biggs Legal Solicitors & ebay


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Hi all,

New to this site expressly because hubby's business has received 'the package' today - like Dempsey40, in relation to Mini / BMW and asking £1000. Your comments have so far proved invaluable.

Any updates please?

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  • 3 weeks later...

They are a law firm that represents BMW (amongst others) to stop people selling counterfeit goods....(Branding BMW goods).

 

 

http://www.pblegal.co.uk/index.php/about-us/clients

BMW is taking civil action in these cases - but can also pass the details to the police and Trading Standards....you have been warned!!!

Edited by WonderWoman Jenny
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It's not a [problem] - they are a legal firm that represents BMW (amongst others) to stop people selling counterfeit (Branding BMW goods).

http://www.pblegal.co.uk/index.php/about-us/clients

 

Thanks. That's a relief.

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They are a law firm that represents BMW (amongst others) to stop people selling counterfeit goods....(Branding BMW goods).

 

 

http://www.pblegal.co.uk/index.php/about-us/clients

BMW is taking civil action in these cases - but can also pass the details to the police and Trading Standards....you have been warned!!!

 

Thanks, but hubby feels we are OK as our company's goods are not counterfeit. In fact the registered package he received showed all the badges etc that BMW had registered and the one hubby's firm uses isn't one of them. This includes the one used on the 'test purchase' that Palmer Biggs Legal made. :???:

Our other concern about this 'legal firm' is that we know of other Ebay traders who have simply received a 'cease and desist' message from other companies directly, there has been no correspondence with a solicitor and certainly no demand for money towards legal costs.

 

Hubby got the second letter this week. In defiance of Palmer Biggs' insistence that their letter cannot be photocopied or passed on, he has replied that the entire package has gone to BMW, bypassing themselves as the middle man. THAT was last week, so far no reply from BMW. Watch this space.

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Thanks, but hubby feels we are OK as our company's goods are not counterfeit. In fact the registered package he received showed all the badges etc that BMW had registered and the one hubby's firm uses isn't one of them. This includes the one used on the 'test purchase' that Palmer Biggs Legal made. :???:

Our other concern about this 'legal firm' is that we know of other Ebay traders who have simply received a 'cease and desist' message from other companies directly, there has been no correspondence with a solicitor and certainly no demand for money towards legal costs.

 

Hubby got the second letter this week. In defiance of Palmer Biggs' insistence that their letter cannot be photocopied or passed on, he has replied that the entire package has gone to BMW, bypassing themselves as the middle man. THAT was last week, so far no reply from BMW. Watch this space.

 

I am not sure that they can prevent you from doing that ? You are entitled to confirm that their letter is genuine and in the event that it is seek advice - the only way you would be able to do that would be to show it to or copy it for reference !

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

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4: Staying Calm About Debt  Read Here

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BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Precisely what we thought!!!!

The exact words are: "Copyright protected - no consent for reproduction in whole or part of the contents of this LETTER." Not, you note, the package which accompanied it. If BMW confirm it is genuine then we will deal with the consequences, but our suspicion is that, while Palmer Biggs might well work for BMW, are they doing a little 'feathering of their own nest' under the BMW banner?

 

Whoops - by quoting their letter I have breached their terms... my bad...:wink:

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I am sure others will have comments to make about that !

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks, but hubby feels we are OK as our company's goods are not counterfeit. In fact the registered package he received showed all the badges etc that BMW had registered and the one hubby's firm uses isn't one of them. This includes the one used on the 'test purchase' that Palmer Biggs Legal made. :???:

Our other concern about this 'legal firm' is that we know of other Ebay traders who have simply received a 'cease and desist' message from other companies directly, there has been no correspondence with a solicitor and certainly no demand for money towards legal costs.

 

Hubby got the second letter this week. In defiance of Palmer Biggs' insistence that their letter cannot be photocopied or passed on, he has replied that the entire package has gone to BMW, bypassing themselves as the middle man. THAT was last week, so far no reply from BMW. Watch this space.

 

What exactly are these goods your husband is selling?

 

Is he copying BMW's designs?

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What exactly are these goods your husband is selling?

 

Is he copying BMW's designs?

 

No that's the point - they are not exact copies. You know how supermarkets use similar styles, colours, packaging to 'big brands' - they seem to have fallen foul of that.

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No that's the point - they are not exact copies. You know how supermarkets use similar styles, colours, packaging to 'big brands' - they seem to have fallen foul of that.

 

We know very little but there could potentially be a breach of intellectual property rights in the form of 'passing off'.

 

If in any doubt see professional legal advice.

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  • 2 weeks later...

I too have now been hit with the usual £1,000 cease selling etc etc by PB for alleged BMW infringement.

 

Did some research tonight on the forums and it looks like they were a bit of a sham business trying to vie for extra money to begin with but now more recent cases look like they have changed the beat a little and have tried to become a half legitimate organisation and learned from their past mistakes.

 

They still seem to have flaws and weakness such as no SRA number on the letterhead which is a violation of code of conduct but if its true about them being a representative of BMW that does scare me. Before they were not but one poster said they have confirmed by BMW UK they were being represented by these guys so I am going to chase this personally myself to double confirm this.

 

I'm currently not replying to them as they sent the letter only by recorded signed for which can be left at a property without signature so I can always say I never received the letter. I'm taking some print outs from the research done and the original documentation to CAB and see what they say.

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  • 3 weeks later...
Any further updates Skibeaky and tmastermind? How are you both getting on?

 

We sent the letter to BMW (even though it was marked private, confidential and not to be copied! That was their view, in ours there was no reason why we should not cooy it, otherwise how could we check its authenticity?) BMW asked to see the whole package which we sent a couple of weeks ago. Since then we have heard nothing from BMW or Palmer Biggs. Keep watching this space!

 

PS The SRA number now appears at the bottom of their letter, in the 'footer'.

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  • 2 weeks later...

I Spoke to PB legal. They didn't seem to have much of a clue but I stated that I removed the listings although it was in my opinion no violation was being made.

 

I had managed to speak to someone at BMW who said that if I had received a letter regarding infringement of products, I should look at it with all seriousness and take legal advise. She also however, infromed me that it was highly unlikely that they would appoint such a small solicitor group (with little experience being that there is only two appointed solicitors, both of which have no more than 2-3 years experience a piece) knowing that they have their own internal legal dept and outsource of a legal firm that is suffice to say...an extremal big fish!

 

After two weeks of hearing nothing or any further calls. I received was a letter from PB Legal saying no further action was being taken as long as I dont list the items again.

 

As I was facing fierce competition on the products and making little or no profit (others prob listing counterfeit and afford to sell cheaper than me), I decided its just not worth the effort to relist and go though the hassle with PB again to prove my items are legit as it would mean legal involvement, independent review of the products to prove authenticity etc which is just more costs and would only serve to prove a point.

 

So I have now drawn a line under it all, paid nothing out to anyone and just moved on with new products and try and make the best of a late start for the xmas period.

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  • 2 months later...

Hi all,

Can anyone help with some nice phrasing to go with a letter & cheque?

Basically, "Here's your cheque which is sent on the understanding that you now leave us alone!"

 

Thanks.

Edited by Skibeaky
Spiiling mistooks!
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