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    • OK.  So you lent your car to a friend in 2019 and he racked up three parking tickets that he tells you he didn't know anything about(!).  You were the registered keeper (RK) at the time at your family address, but you got chucked out and could not change your RK address with DVLA because you were homeless.  You knew nothing about the parking tickets and enforcement action until you got a bailiffs' letter passed on to you.  You made an Out of Time (OOT) application in respect of one PCN but Birmingham CC objected to it and the traffic court rejected your application.  A solicitor helped you make OOTs in respect of the other two PCNs but you don't yet know the outcome of those two applications.   Is that the situation you are in?   dx100uk thinks you can resubmit the application saying your friend was the driver.  I don't think saying that will help as the driver is irrelevant.  It's the owner who is liable to pay the charge and that is the RK (unless the RK is a car hire firm).  I assume you are not a car hire firm so you are stuck with the liability, not the driver.   Whether you actually can resubmit an OOT once one has been rejected I do not know, but why not try.  What did the solicitor put on the applications they helped you with?  Did you not ask their advice about the rejected application while you were with them?  I think you would have to say something to the effect that you never received any paperwork in relation to the PCNs because you had been chucked out of your home and because you were homeless you did not update your address at DVLA.  That is the truth isn't it?  You don't want to lie on the application.   To me that's a good reason for you not doing anything about the PCNs, but I suspect that Birmingham CC will object again and that the traffic court will reject again.  And, as I said above, I don't even know if you can submit a second OOT application in respect of a PCN if the first has been rejected.   So it looks to me like you might be a bit stuck.   Unless dx100uk, or spaceman61, or another poster with expertise in local authority PCNs comes along I'm not sure what you do.   If you get no more helpful suggestions here you could try on National Consumer Service.  If you do go there, do not register with a hotmail address.  You will also need to provide them with a timeline of everything for all the documents you actually have, and you will need all the facts and dates etc at your fingertips.  And make sure they are accurate.   http://forums.National Consumer Service.com/index.php?showforum=30   And get your friend to contribute to paying off the PCNs.  Do you believe he really knew nothing about them?
    • To enjoy the protection offered by s.75 CCA 1974 for a credit card payment, you must pay over £100 and under £30,000 for the goods or service (even if part payment for a larger total amount).
    • Hi Charlie and welcome to CAG   As an Executor, you have a duty to insure the property and tell the currect insurer of the passing of the deceased.   Most insurers will refuse normal contents cover on a house left unoccupied beyond 60 days. So, unoccupied, the home will not be insured against break-in damage, theft, flood, accidental damage, etc.   You may be able to obtain FLEE insurance covering only Fire, Lightening, Explosion and Earthquake. It may cost more than usual contents cover  because the home is unoccupied, even though the level/amount of cover is less than for an occupied home.   As said here already, an Executor would be wise (or indeed have a duty) to remove valuables from the home if you have somewhere safer to store them pending Probate, distribution, sale, etc.   I hope if you can explain the insurance risks to YB and assure him that you are not taking items just for your own benefit, he may see sense.   Please keep us updated ............
    • yours is not the next move   dx  
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LC Asset Sarl (Link)/Kearns Claimform - old Newday Marbles Credit card - Stayed since december - now CCa Return


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Hi All,

 

Name of the Claimant ? LC Asset 1 SARL, 20 RUE DE LA POSTE

 

Date on the claimform 13 Nov 2019

 

defence filing date  = 30th Sept 2019

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

1. The defendant owes the claimant 219153 (DEBT) under a credit card agreement with L C Asset Sarl.

2. Dated the 28/02/2019 and which was assigned to the claimant and notice of which was given to the defendant.

3. The defendant has failed to pay and the claimant claims £222153.2

and also claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £10419.
 

What is the total value of the claim? £2430.72

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? NO

 

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? NO


Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Original creditor: Marbles 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

 

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.

Debt Purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? Yes.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments?

 

What was the date of your last payment? Feb 2019

 

Was there a dispute with the original creditor that remains unresolved?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

 

 

Below was my defence.

 

###### Defence ######

1. The Defendant contends that the particulars of claim are vague and generic in nature.

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

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 denied. I have never had any financial dealings with L C Asset Sarl n the past. It is denied I have any knowledge of the above Claimant .

3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment.

4. Paragraph 3 is denied , the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31.14/Section 78 and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and 
(b) show and evidence the service of a default notice pursuant to sec 87(1) of the CCA1974
(c) show how the Defendant 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;

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

6. On the alternative, if 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.

7. The amounts claimed £22153.2 as per particulars of claims doesn’t tally with amount in the final figure.

There is big disparity between amounts in the claim form.

There is no sign of currency, missing thousand separator and decimals.

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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  • Andyorch changed the title to Kearns Solicitors/ LC Asset Sari - Marbles Credit card
2 hours ago, billywhizzm said:

1. The defendant owes the claimant 219153 (DEBT) under a credit
card agreement with L C Asset Sarl.

 

but you didnt open a card agreement with link .

 

so what's the latest?

 

dx

 

Topic Title amended

 

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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  • dx100uk changed the title to LC Asset Sarl (Link)/Kearns Claimform - old Newday Marbles Credit card - Stayed since december - now CCa Return

the page with the IP address is that labelled 5 0f 5 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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you already have

so 4 of 5 ends at point 9.4?

 

and the other sheets dont have point 18.2 either do they?

 

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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1 is the CCA

CCA is the T&C's.

 

the CCA refs section 18.2, i cant find that in the T&C's 

 

the CCA is electronically signed by you and that was your IP address at the time?

 

the T&C's have your correct name and address for the time of sign up too?

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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Hi dx,

 

Even I cant see any 18.2 in any of the documents sent to me.

 

The IP may be right when it was signed. The current HOME IP address doesn't match.

 

The T&C does have my name and address correct.

 

Thanks

 

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  • 1 month later...
  • 2 weeks later...

hi billy

plenty of mediation advice on just about every card claimform thread here.

you should be self helping in between stages so you know what is next and what to do

 

you have no NOA

you have no DN

the CCA is at best poor and incomplete a copy and past jobbie.

 

the same Q's on the N180 will be asked again.

 

IMHO you answer i do not have enough paperwork to make an informed decision to enter into the mediation process.

 

 

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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Hi Dx

Getting txt message from HMRC, 

 

"Small Claims Mediation Service: Telephone Mediation 2020-10-27 from 13:00 - 16:30.

If you can't answer YES to all statements, mediation is NOT suitable for your case and you must contact us to cancel"

 

After reading lot of post, Should I contact them and cancel stating

 

"The claimant has still yet to comply with my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant."

 

or Should I wait on the day and then answer ?

 

Thanks

 

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no need to state why the lack of paperwork has happened or not, simply email back:

i have not received enough paperwork from the claimant since issuance of the claimform to make an informed decision upon entering mediation.

 

don't tip them of as to what/why.

 

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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Hi dx,

 

the mediation call finished today. I tried negotiating the amount to 20% just to avoid the court. but at the end I decided let it go to court.

 

Claimant was stuck at 75% not reducing any more, so I thought its no point discussing more.

 

The mediator did explained it will cost you more if it goes to court and if you loose a judgement as well.

 

Lets see what happens.

 

I hope I did right thing,

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eh?

why did you mediate when the claimant has failed to supply all the information you required??????

 

link and kearns are gonna be scratching their heads thinking you are a soft touch now by even offering anything....

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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I did started with saying they haven't provide enough information. The mediator mentioned they don't have any documents to verify she is only here to mediate and come up with offer.

 

The claimant is willing to negotiate and settle out of court so I started with 20%, few calls back and fourth and at the end nothing happened.

 

Sorry dx may be I messed up

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did the mediator not ask the q's one the N180 again before mediation started,, they should have done it's an impportant part of the script.

 

never mind

 

let's see how things go.

but expect pressuring letters from the fleecers or their dogs stating you must be liable as you admitted the debt by offering a settlement.

 

i can see their witness statement being rather interesting too..

 

 

 

 

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 of the q's on the N180. to begin pleasantries exchanged and then straight to offer and negotiations.

 

They were offering a monthly plan I said if I agree to that they will bind me into agreement.

 

don't know what will happen but at least others will learn from my mistake.

 

Thanks dx for the suport

 

Regards

 

Edited by billywhizzm
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Its not really a mistake...you participated..it failed the claim proceeds to allocation.For all you know they could have accepted your 20% offer in F&FS....which would have brought the claim to an end.


Andy

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