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    • Thanks Dx. I have tidied the defence up with your suggestions amended. Does it look right now? Thanks!   1.    Monies due under current account facility xxxxxxxxxxxx. The claimants claim is for the balance outstanding under the facility provided by Halifax to the defendant. It was a term of the bank account that any debit balance would be repayable by the defendant in full on demand.   2.    The defendant has failed to repay the amount due following the service of a demand.   3.    The debt was assigned to the claimant.   4.    The claimant therefore claims 1. 5k 2. costs   Defence   1. The Defendant contends that the particulars of claim are vague and 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. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.    3. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.   4. Paragraph 1, Whilst I accept that I have in the past held a current account with Halifax Bank Plc. I have not serviced this account since 08/07/2016 due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Halifax Bank. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.    5. Paragraph 2 is denied as the original creditor has failed to serve a Notice served under 76(1) and 98(1) of the CCA1974 Demand / Recall Notice and the Claimant is put to strict proof to evidence any breach.    6. Paragraph 2 is further denied as i am unaware of Halifax Bank ever providing me with a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand / Recall Notice and Notice of Assignment.   7. Paragraph 3 is denied. I am not aware or ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   8. Paragraph 4 is denied. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.   9. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The claimant is also put to strict proof to:-.     a. Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on. b. Provide a breakdown of their excessive charging/fees levied to the account with justification. c. Show how the Claimant has reached the amount claimed. d. Show how the Claimant has the legal right, either under statute or equity to issue a claim. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.   e. Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.   10. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the *******. The Claimant has failed to comply with this request. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.     11. 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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    • Thanks Dx. Amended defence set out below. Does it look right now?   1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.     2.The defendant did not pay instalments as they fell due.     3.The agreement was terminated following a service of a default notice.     4.The agreement was assigned to the claimant.     5.The claimant therefore claims 1. 4.5k 2. Costs    Defence   1. The Defendant contends that the particulars of claim are vague and 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. 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.     3. Paragraph 1 is denied. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.     4. Paragraph 2 is denied. I am not aware of any payment terms for the stated agreement.     5. Paragraph 3 is denied. It is denied that Cabot Financial served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.   6. Paragraph 4 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served by either the claimant or the original creditor.     7. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:   a. Show how the Defendant has entered into an agreement; and   b. Show how the Defendant has reached the amount claimed for; and   c. Show how the Claimant has the legal right, either under statute or equity to issue a claim     8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.     9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.     10. 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 82 A of the Consumer Credit Act 1974     11. 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.  
    • I'm generally convinced that there is at least 2 users on MSE that's in my thread that has friends or family or even themselves that have similar line of work to MB or Gladstone.   I don't mind different opinions but they're just throwing out playground insults to me for using that letter saying I'm stupid, prat, idiot etc etc for doing it and not including in the letter without prejudice so it can't be used against me in court. I think I'll leave MSE and just stick with CAG and pep in this case.    
    • Fraudsters are using the details of firms we authorise to try to convince people that they work for a genuine, authorised firm. Find out more about this ‘clone firm’. View the full article
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Premier/CST Law ANPR PCN PAPLOC - Planet ice Gillingham, Gillingham Business Park, Ambley Rd, Gillingham ME8 0PU


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I’ve got a letter from cst today.

Haven’t heard from anyone for at least six months and the original alleged fine was on 18.1.19.

 

It seems, from this forum,  that I should send a SAR.

Not sure why.

Can someone help please?

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A SAR is designed to force a company to divulge what information they have on you.  We've advised it a couple of times when people have moved and missed a load of important paperwork.  However, it's not appropriate in most cases.

 

As HB says, please tell us a bit about what CST (who they?) are pursuing you for.

We could do with some help from you.

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I expect it will be CST Law- a mickey mouse bunch who think they are some sort of legal group.

I assume you have had a private parking ticket and if so is not a fine-only Courts can impose them. what you probably have is a speculative invoice  that you may or not owe.

If you have could you please complete the questions below to help you avoid paying anything. In addition, since the first ticket was received last year have you received a "Letter before Claim" as well?

  Have you received a Parking Ticket?

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Hi,

I received the parking ticket in the post a couple of weeks after I was in the car park at Gillingham ice bowl.

 

I’d been waiting for my grandson to come out.

I stayed in the car and because I didn’t know how long he was going to be it didn’t occur to me to pay for parking.

I told them that when I got the fine.

 

After that I ignored them because I was indignant about being fined.

Eventually they stopped although they did change to a different company.

 

I haven’t heard from them for over six months and out of the blue I get this letter.  

I’ve paid for some legal advice which was and wasn’t helpful. 

 

 

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its not a FINE.

 

please complete this

 

 

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 The date of infringement? 19.1.19
 

2 Have you yet appealed to the parking company yet? [Y/N?] Yes
 

has there been a response? They did respond but pursued the fine by sending letters roughly once a month 
 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] I honestly can’t remember 
 

what date is on it I don’t remember the date
 

Did the NTK provide photographic evidence? I seem to recall a photo of my car
 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] Don’t know 
 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances] I can’t remember 
 

5 Who is the parking company? Premier park ltd
 

6. where exactly [Carpark name and town] did you park? Planet ice Gillingham, Gillingham Business Park, Ambley Rd, Gillingham ME8 0PU

 

  I’ve attached the letter I’ve just received after six months of hearing nothing . It’s like they’ve sold the debt onto CST law for them to try.  Unfortunately after all this time I didn’t think I’d ever hear anything more. 
 

thanks in advance for your help 

 

Molliemoo14
……....

in either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY

 

 

CST Law letter.pdf

Edited by FTMDave
Image pasted to thread now converted to PDF
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  • dx100uk changed the title to Premier/CST Law ANPR PCN PAPLOC - Planet ice Gillingham, Gillingham Business Park, Ambley Rd, Gillingham ME8 0PU

thread tidied

 

where does their paperwork state it's a fine 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 did right to ignore various threatening letters, but this is a formal notice of intention to start legal proceedings and so you do need to reply, otherwise you're likely to be taken to court.

 

From your replies to the sticky it seems you haven't got access to the original paperwork which makes it very difficult to work out how to reply and how to see off the claim.

 

When you appealed, did you identify yourself as the driver?

 

Is this ice bowl local to you?  If so then it would be useful to go back and photograph the signs at the same time of day that you were there.

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

 

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Yes it’s close by. It was on a Saturday afternoon about 4.20.  They wrote to me as the driver of the vehicle. I neither confirmed nor denied I was the driver, I just said that I hadn’t left my car as I was waiting for my grandson. Should I ask them for a sar to get all the documentation?

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I was thinking the same.  It might be a good idea to SAR Premier Park and at the same time write to CST Law and say the incident happened nearly two years ago and you are SARing their client to get to the bottom of it.  There is the risk they could still start court action while you are waiting for the SAR.  However these companies generally don't want to do court if there is an alternative and might hang fire hoping you'll pay them after the SAR (you won't!)

 

I think from a dodgy look on Google Maps that there is a prominent sign about parking at the entrance to the ice rink but yes, go back there and take photos in the evening.  I could be wrong and in any case it might not be illuminated and if you can't see the damn signs at 16:20 in January they might as well not be there!

 

Also I think from Google Maps that the car park is for the sole use of ice rink users.  As well as the above could you get onto the management there and point out your grandson was a genuine customer and so you demand they call Premier Park off.

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

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Thanks for that. Indeed, the sign would literally have to be illuminated as you go in for you to be able to see it! I think I will request the sar tomorrow and send cst a letter with proof if postage. Have you ever heard of them or do you know anything about them? 

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37 minutes ago, Molliemoo14 said:

They wrote to me as the driver of the vehicle

 

you sure...i bet you mean registered keeper.

else how did they know you were driving?

 

so this is the only time you've dropped your grandson off there?

 

CST law are simply a new solicitor on the PPC scene

been around a few months now.

much like DCB legal.

 

with regard to what to send them

pers i'd not wait 

 

 

 

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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