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    • Ok, so just been to see my friend, she still has her head firmly in the sand and had a pile of unopened post, thankfully nothing serious apart from this case!    In answer to your question it says N24 General Directions Order at the bottom of the page, then on page 2 where the line says "As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) " this is N271 Notice of transfer of proceedings.  Within the stack of letters I found 2 from Kearns Solicitors,    02-12-2022 Document pack with covering letter stating under the s78 CCA please see enclosed  1) A copy of the executed Credit Agreement, 2)  A copy of the terms & conditions 3) A copy of the varied terms & conditions applicable at termination / assignment, and  4) A statement regarding the conduct of your account as requested by s78(1)(a) to (c)  (Would you like me to describe the documents attached?)   18-02-2023 Generic letter asking for her to contact them to discuss settlement or they will take to court for further legal action. 
    • well you made the cardinal sin by phoning these scammers at least once so their persistence could go on. however you are new so there you go. you never ever ever phone any of these likes of scammers on these fake schemes that seem plausible.  just like a DCA chasing any old debt .. they are NOT BAILIFFS and have  ZERO legal powers to actually do anything. dx  
    • Okay understood now just based on personal experience how long does this go on for 
    • civil recovery schemes run by the likes of RLP DWF etc etc are a scam. totally IGNORE EVERYTHING. no if's or but's dx  
    • I’m 17 years old and Received 2 letters from dwf with my name spelt wrong and they are asking for for £230.40. I rang dwf civil recovery the first time upon taking advice from citizens advice to explain to delay to deadline as I was in the process of receiving advice which wasn’t much help. When that deadline was done I then called again to delay the deadline as I’m struggling financially and it’s lot of money they are asking for and I tried to dispute the cost to which they said okay we will delay it another 7 days for you to dispute the cost but I asked them how do I dispute this to you or Sainsbury’s and they said “we can’t advise you on this matter” I’ve read a lot of threads saying to ignore them but I was unsure now as I’ve made contact and have tried to dispute the payment and pay it which might mean I have admitted. Would they just persist harder and take me to court eventually or file for a ccj.   I would like to ignore them still but I would like to send a strong email so they know I’m clued up and then ignore them. I also want to pay the reasonable amount and get this matter solved. any advice on the law or similar situations are helpful when I called them I asked for an itemised bill. £101 stolen goods  ( supposedly caught me because they watched me on cctv over the duration of the week) also why did they not stop me in the first day. £20.40 recovered goods £150 security costs     Thank you 
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VCS spycar? PCN Claimform- No Stopping - Bristol Airport*** Claim Dismissed***


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On 04/05/2021 at 13:37, dx100uk said:

 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]
 

…………...

 

 

 

dx

 

 

already detailed earlier

 

dx

 

  • 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... 

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  • 2 weeks later...

Hi,

Thanks to all for helping with this. I have been so busy with work I have yet to get around to filing my defence but would like to just get it done this weekend.

 

To clarify my partner was driving not me apologies for not mentioning this right at the beginning!

Does that effect the wording I use? 

Shall I use the above defence as suggested by @FTMDave ?

Or go back to the template? 

J

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18 minutes ago, jleviit said:

To clarify my partner was driving not me apologies for not mentioning this right at the beginning!

You did mention it in post 23, so no problem!

 

The template is out of date, we need to do some work on it.  File the defence below which I've retweaked.

 

Watch out that MCOL often doesn't work at the weekend.  Try to file but if you have problems, don't panic, simply file the defence on Monday.

 

1.  The Defendant is the recorded keeper of [motor vehicle].

 

2.  It is denied that the Defendant entered into a contract with the Claimant.

 

3.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

 

4.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 

 

5.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

  • Like 1

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did you do CPR?

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

55 minutes ago, FTMDave said:

You did mention it in post 23, so no problem!

 

The template is out of date, we need to do some work on it.  File the defence below which I've retweaked.

 

Watch out that MCOL often doesn't work at the weekend.  Try to file but if you have problems, don't panic, simply file the defence on Monday.

 

1.  The Defendant is the recorded keeper of [motor vehicle].

 

2.  It is denied that the Defendant entered into a contract with the Claimant.

 

3.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

 

4.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 

 

5.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

Thank you :)

54 minutes ago, dx100uk said:

did you do CPR?

CPR sorry can you remind me what this is again?

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On 04/05/2021 at 13:37, dx100uk said:

 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]
 

…………...

 

 

 

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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Share on other sites

you must carefully read and act on any advice given, it's not given for people to just ignore it, it's important for you to do things correctly and within the legally prescribed timescales else you could lose the claim by default. 

 

get it done today.

 

dx

  • 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... 

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Share on other sites

Im on it. Thank you. Just to clarify

 

I put this at the top of the letter in this order?

 

to the solicitors [or the claimant if they are in house or not named]

 

[Your address]

 

[Their address [solicitors]

 

[Date]

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do you not know how to make a simple letter....

just follow the guide and send it

 

it's already 3pm, so you've probably missed saturday collections..

so that will sit in the box til monday now.

 

the cpr request ideally should have gone out the day you got the claim, you only have a total of 33 days, you've already wasted 25 of those days

  • 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... 

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Share on other sites

just type no need to keep hitting quote.

 

not wasting my time, you are the one in court soon not us.........

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

No, no Counterclaim, that is a no no for sure it opens you up to a whole world of pain and potential costs.

  • Like 1

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

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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now get reading up upon whats to come, how to deal with it and respond, though always check with us 1st before doing anything...

 

use our enhanced google search box.

 

no stopping PCN clamform

 

100's of threads here directly related to your claim.

 

dx

 

  • 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... 

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Share on other sites

  • 2 weeks later...

Hi again,

I have received the 'Notice of Proposed Allocation to the Small Claims Track' N149A and the N180 questionnaire. I have searched for threads but I am struggling to find the info. 

 

Should I attempt mediation or would this just be a waste of time?

I assume I am agreeing to small claims track?

I wont be calling on an expert witness but I can call on myself, my partner who was driving and our son?

As I previously mentioned it was my partner driving and had to stop to take an emergency call. I assume this will be my defence?

I have received the pack from ELMS legal with all their evidence etc. 

Apologies for all the questions!

J

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if you go read just about any PCN claimform thread as you should have been since i advised here:

 

On 22/05/2021 at 16:14, dx100uk said:

now get reading up upon whats to come, how to deal with it and respond, though always check with us 1st before doing anything...

 

use our enhanced google search box.

 

no stopping PCN clamform

 

100's of threads here directly related to your claim.

 

dx

 

 

you will find it's NO to mediation.

 

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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Share on other sites

OK. So definitely no to mediation.

 

I am defending myself on the grounds that I did not enter into an a contract with the claimant.

Can this be on the grounds that I wasn't driving? It says in the original CN that I should notify myparkingcharge who the driver is?

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get reading up as i pointed too

then all of these questions will be answered by your research here.

 

CAG is self help too.

 

 

  • 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

  • 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... 

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Share on other sites

  • 2 weeks later...

as they have in other like threads you might have read in your research.

elms have dumped simon because some of his claims are rather 'wide' to say the least.

  • 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... 

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Share on other sites

Simon might be getting squeaky cheeks, a so is inviting you to pay something, if your defence is robust enough and his WS is going to be the usual CTRL-C CTRL-V cut 'n paste probably better to ignore

  • Like 1

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

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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