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    • Not really, I'm just trying to establish if they complied with the PAP...not sure why you didnt request the documents at that stage rather than after the court claim.
    • Thanks DX,   I'll submit this now:       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.   1. Paragraph 1 & 2 are noted, the Defendant has in the past had financial dealings with the original creditor and the claimant regarding Student Loans. I am unable to recall the precise details of the alleged agreement nor any debt.  The defendant always continued deferment until around 2020 when this was refused. I have never earned over the threshold.  The Defendant has sought verification from the Claimant by way of a section 77 request which as to this date has failed to comply and remains in default.   2. Paragraph 3 & 4 are denied. I am not aware of any service of a Default Notice pursuant to section 87 of the consumer credit Act 1974 by the claimant nor the original creditor, nor of any legal assignment pursuant to the Law and Property Act 1925 section 136 (1).   3. It is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement; and   b) show how the Defendant’s alleged debt has reached the amount claimed for; and   c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and   d) show how the Claimant has the legal right, either under statute or equity to issue a claim.   4. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant proves the allegation that the money is owed.   5. On the alternative, as the Claimant claims to be 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.   6. 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  
    • Hi,   Apologies for not reading the stickies and diving in! I have provided the info requested   ******* Which Court have you received the claim from ? MCOL Northampton N1 If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS) Its in post 3 above   Name of the Claimant : Premier Parking Limited 48 Queensgate House Queen Street Exeter Devon EX4 3SR   Claimants Solicitors: (if one is stated) BW Legal Enterprise House 1 Apex View Leeds LS11 9BH   Date of issue – (top right hand corner of the claim form – this in order to establish the time line you need to adhere to.) 3 Dec 2021   Date for AOS - (you must complete an Acknowledge Of Service upon receipt of the claimform on the MCOL website - this deadline is calculated by adding 19 calendar  days to the date of issue - ( 5 day for service + 14 days to AOS) - carefully note that the date on the claimform is ONE in the count.)   Date to submit Defence - (you add a further 14 calendar days to the AOS date - note: should this date fall on a W/End, you must file by 4pm Friday)  17/12/2021 What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. The claim is for the sum of £117.70 being due from the defendent in respect of a parking charge notice (PCN) for a contractual breach which occured on 2/7/19 in the private car park/lat at Lidl & PureGym Nottingham - Lidl & Puregym 20 Castle Bridge Road Nottingham NG7. The PCN was issued as the driver failed to comply with the terms and conditions as displayed.  Despite demands, the charge remains unpaid. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a dialy rate of £0.02) from 2/7/19 to 2/12/21 being an amount of £17.70.  The claimant also claims £60.00 recovery costs as set out in the Terms and Conditions and in the ATA AoS Code of Practice. What is the value of the claim? Amount Claimed 177.70 court fees 35.00   legal rep fees 50.00 Total Amount 262.70 *******   I have attached the CPR31:14, BW Legals response to CPR, and the letter of claim.       letter-of-claim.pdf bwlegal-resposne-to-cpr-page2.pdf bwlegal-response-to-cpr-page1.pdf cpr3114.docx
    • Thank you FTMDave. You have simplified it. Will draft a letter and come back for openions. Thank you.
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Cabot/Nolans SPC Claim perth - Old JDW Cat Debt-


Li4m79
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no you are kidding me...

 

they can't be that thick surely...

could be game over if they've faked it.

 

can you attach it to a private msg to me 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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  • 2 weeks later...
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The provided agreement does not appear to be an on line application type...but a manual CCA that would require a wet signature.

 

Capturing intention to be bound

 

Common law does not prescribe a type of signature. Whether a contract or other form of agreement is said to have been signed is very much a question of intention. Did the person apply their mark – by virtue of signature, completing a check box, applying an electronic signature, or clicking an "I accept" button, for example –  to evidence their intention to enter into the contract?

 

Electronic signature platforms typically use language that indicates to the signatory that they must apply their 'signature' to sign the contract.

 

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Andy

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  • 3 weeks later...

I'm going to be preparing my letter of intimation this week, as the next hearing is the week after.

 

Should I still dispute this on the grounds mentioned above?

 

Also any final advice for my next hearing?

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yes and like the previous IA don't forget the failure of no default notice too.

 

specifically pointout the agreement cabot have sent appears to be a manual agreement whereby there should be an area to be signed to comply with the relevant rules of THe CCA and that it appears to be a blank template PDF document whereby anyone can type in/change any pers details they like (easily editable in any PDF program) 

 

i would also again pointout the number of times cabot have been asked for various documents that are required under the act to enforce an agreement and many are still missing or what appear to be simply templates.

dont forget to add you wish the sheriff to issue an absolvitor and request costs.

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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Ok will do that, I'm worried that the judge will just see the statement and say that is enough evidence, so hopefully he won't overlook the shoddy CCA and other lack of other documents

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he can't, there is no evidence it was you that opened nor used the account nor made those purchases. for all he knows you could been the victim of identity theft. 

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...

usual twaddle in a way, just nolans trying to counter their ever growing list of losses against cag in cases whereby they have little or no enforceable or required paperwork..here judge look over here not there at our lacking of what is actually required in a court of law concerning the consumer credit act in enforcement. 

 

more soon.

 

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 Cabot/Nolans SPC Claim perth - Old JDW Cat Debt-
On 11/04/2021 at 01:58, dx100uk said:

yes and like the previous IA don't forget the failure of no default notice too.

 

specifically pointout the agreement cabot have sent appears to be a manual agreement whereby there should be an area to be signed to comply with the relevant rules of THe CCA and that it appears to be a blank template PDF document whereby anyone can type in/change any pers details they like (easily editable in any PDF program) 

 

i would also again pointout the number of times cabot have been asked for various documents that are required under the act to enforce an agreement and many are still missing or what appear to be simply templates.

dont forget to add you wish the sheriff to issue an absolvitor and request costs.

 

did you do the ia?

 

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 sent what I thought was an IA before I realised that it was an official court document. That is to say I requested the documents but did not lodge it so I ballsed up big time on that one

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so you not questioned the fact the CCA is a editable document etc etc ?

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

Yes in my letter of intimation I wrote said it appeared to be a blank template, easily editable, and the properties of the file show it was originally  created on this date and modified on this date etc etc. I requested the sheriff issue absolviator and costs.

 

The letter from nolans is part in response to my letter of intimation 

 

 

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Here is what I wrote

 

"I still  intend  to  dispute  this  claim.   The  documents  provided  by  the  claimant  seem to  prove nothing, and  in  all  honesty  are  very  questionable  at  the  very  least.

 

The CCA(C3)  provided  contains  no  signature or  anything that  would  verify  confirmation,  be  it  a  time stamp,  online  signature.  

 

Putting  this  document  into  a  simple  pdf  editor  clearly  shows  text  boxes where  my  name and  address  are so  any  name  or  address  could  easily  be added  into  what  looks  like blank template.  

 

The  CCA  is that  which  requires a  “wet”  signature to  be valid. As well  as this,  simply  by  opening up  the pdf  (C3)  in  Adobe Acrobat  and  looking at  the  properties  of the  file,  it  says  the  original  file  was  created  on  30/01/18 and  then  modified  on  18/02/2021  which makes  me question the  validity of  this  document.

 

There  has  also  been  no  letter  of  default  produced.   I  feel that  in  all  there  is  total  lack  of  real evidence,  and  one very  flawed  questionable document.    I  therefore  wish  the  sheriff  to  issue  an absolvitor  and request  costs." 

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Stick to your guns as in your defence form4 word for word.

 

.dont be drawn by nolans twaddle..i have had financial dealings etc etc. Infact many shop direct accounts. You have NOT stated you did have this agreement. The statement s could be from any ac

 

where is the signed agreement ??

where is the default notice ??

 

which under section 87 of the cca is required to be produced to enforce.

 

the claimant has had xxx months (since claim issue) to produce enforceable  paperwork and several demands by both myself and the sheriff to do so and has still failed but now seems to want to divert attention away by bring up admittance issues never used before. 

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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Well that went bad, I denied the account,  brought up the blank document, brought up the lack of enforceable evidence, lack of default notice (which they said they didn't need because the account never defaulted as they're only seeking arrears)

 

Now it's going to a heating where they want me to produce bank statements from those dates.  It's not ordered for me to produce them but would help if I did apparently. 

They've also asked for any other jd account details to check account numbers to confirm my statement 

 

Pre hearing is 16th July and hearing 6th August., They have to bring in a witness to say the document wasn't tampered with.

Edited by Li4m79
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which is why i said don't go near ever admitting or denying the A/C . stick to the line in your form 4 exactly.

 

lots of time till you have to actually do anything:

that gives a buffer for you to get your historic family issues out the way and get reading here every cabot/nolan SPC thread that exists, as i feel you've not done that as you fell for the oldest tricks in the book to date.

 

and for nolans and their client to discontinue as their costs must now be mounting up. with more to come on 2 more hearings which they can never get back.

 

you also need to put up a few more posts upon what was said and done before it slips your mind during todays hearing.

as the smallest of detail about what the three of you said could be vital here but not realised by you.

 

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

The sheriff asked if I admit or denied the statement,  which I'd been dancing around  answering   I kept on bringing up the cca they produced even explaining how you could tell it was modified.  They said they rename the file, but I explained that would change the modified date in windows not the embedded information. 

 

I 3ven said at one point "are you just going to overlook the fact that they have potentially produced a piece of fraudulent evidence" but I was just shot down and told that that was an issue for a later date.

 

Nolans kept repeating that they had produced proof of the account and that I had no defense.

 

Nolans basically reiterated what they said in the letter

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notice of sums in arrears letters from the creditor need to be produced if they are only claiming arrears , so don't need to produce the default notice. poss issue an IA requiring their disclosure?

 

read the consumer credit act section

 

 

also have a read of 

 

(Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255)

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...

latest order, I also have a Smple Procedure Recovery of Documents Application 10B from Nolans(via post, but not up on civil online so guessing still awaiting court response) asking for bank statements from all bank accounts I held during the alleged period.

ProcOrder1.pdf

 

edit: the sheriff did state at the last discussion that he wasnt going to issue an order but it was in my interest to provide statements.  Will i say that in my response to the application to try and stop the application order being granted?

 

i have sent a Form 10b to the court for them to order letters of sums of arrears and also a verified/authenticated copy of a CCA.  I have sent that to Nolans.  I'm hoping to swing back the focus on their lack of valid evidence and not my school boy errors..

Edited by Li4m79
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to date they have not produced any cat statements showing any payments made by you?

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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then nolans have no right to see any statements, they won't show you received any items

 

its also worthy to note in the original claimform they stated:

 

1.On or around 03 December 2017 the Respondent entered a Mail Order Agreement with J D WILLIAMS & COMPANY LIMITED under which the Respondent borrowed from them a sum of money repayable on demand. 

 

the original creditor did not allow you to borrow a sum of money, a cat company sends you goods, nolans have produced no list of 'goods' which were sent to an address that you were resident at for said time period.?

 

can we see their 10B 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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I haven't got access to a scanner atm but here is the vital text from their IA

 

What they're requesting 

Quote

The Respondent's bank statements from all bank accounts held at the
relevant time, either showing payments or the absence of payments for the
items contained in the Claimants' Item C4 of process. (Statements of
Account from 10th December 2017 to 1st January 2019)

 

 

Their resons why

Quote

The Claimants have lodged an itemised Statement of Account. It is in the
Respondent's knowledge whether he purchased the said items. The
documents sought are necessary for the evidential Hearing.

 

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