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    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. 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. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY 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.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Moneybarn - i missed payments - they offered a consent, i'm doing a Time Order now , received a return of goods order - help


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I’m looking for a bit of advice.

 

I’m having some trouble with moneybarn  after falling behind with payments, which is partly their fault, not honouring agreements etc. 

 

They've sent a default notice apparently, I never received this and a termination notice, I did receive this.


They’re now refusing to accept any payment and say my only choice is a consent order or pay the full balance.

 

After some reading it seems I shouldn’t agree to the consent order?

 

I have printed the form for a time order N440 and filled this out, what else do I need to include when taking it to the court?

 

Thanks

 

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Welcome to the forum.

 

I would include a sheet re your proposal of intended payment plan and possibly an Income and expenditure sheet and any evidence that it was the creditor's fault for the breach.

We could do with some help from you.

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yep well done

do a time order 

nail them in their box

 

ive moved you to the moneybarn forum

lots of like stories to read.

 

id also get an SAR off to them and i bet you've been charged heeps of bogus fixed sum penalty charges which are unlawful and get refunded and if they dont you go complain to the FOS about. 9/10 you'll win.

 

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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Ok so I’ve got the N440, incoming and expenditure, a letter explaining the situation, plus any copies of letters received from moneybarn. As the dates of these letters don’t really make much sense if they sent me a default notice.

Ill also get the SAR done and sent off to moneybarn ASAP.

 

Silly question, but it is a county court I have to take this form to isnt it? Does it matter if it’s not my local one it’s just the one will be easier to access.

 

Im also planning to keep making payments.  As I think I’m able to do this online still even though a call handler refused any payment. I’m fine to do this aren’t I?

 

Thanks I will keep you updated.

 

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how far are you in to this agreement and do you want to keep the car?

 

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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Thanks

Just under half paid but well over a third. Yes want to keep the car too.

Edited by dx100uk
unnecessary previous post quote removed
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carry on then.

 

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... 

Link to post
Share on other sites

Dropped forms off at court, was hoping they’d check them for me but just had to post them. So no fee paid also no case  number on the form as I assumed they’d fill it out. Hopefully all is ok, I did add a sticky note with my number on asking to call for fees or any problems so hopefully be ok.

 

Also posted SAR yesterday and already had an email acknowledging the request.

 

My 7 days to agree to the consent order is now up. Not heard anything from moneybarn yet though.

 

I know it’s not required but I’m unsure if I should tell them I’ve applied for a time order?

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no .....who do you think moneybarn-  are some super power:pound:

you've paid over a 1/3rd they can't snatch the car

and if they do its the best thing they could have done as it would void the agreement and you'd get everything paid back and the car for free.

 

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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Seems they think they are… 🤣

 

Should I be putting my car on my drive? Only have space for 1 vehicle and usually have my work van on there.

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No... if they want to snatch it let them!!

 

I suggest you type in moneybarn in the search of the top red banner and get reading a few 10's of threads.

 

Save me explaining everything again and again.

 

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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  • 4 months later...

Thanks for reopening the thread. 
 

My time time order is due for a hearing on 30th of this month. But today I’ve just received a defence and counter claim form from the court with a new hearing date. 
So now I have many questions, but will try not to ask too many at once.

Do I need to attend the original hearing date for my claim or does theirs override it?

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Scan redact and upload all your paperwork from the court.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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so a return of goods order

 

if your time order is successful i believe it will null their claim?

 

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

13th september that was signed...and its now almost 13th nov? 

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

But the issue date that Ive redacted when removing personal information says 4/11/22. Not sure where its sat in the mean time!?

The proposed monthly payment has been made every month and Ive not heard anything from money barn directly. So hopefully Ill be fine!?

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Quote

But today I’ve just received a defence and counter claim form from the court with a new hearing date. 

 

It was the above that I asked you upload ?

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • dx100uk changed the title to Moneybarn Time Order help please.
  • dx100uk changed the title to Moneybarn - i missed payments - they offered a consent, i'm doing a Time Order now , received a return of goods order - help

so a hearing date for their ROGO on 4th jan.

your Time order hearing is 30th nov.

 

if successful the problem should be resolved, though if need be, ask what now happens about  their 4th jan ROGO

hearing.

 

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

Just an update, I’ve received more paperwork today. It’s all the same but they’ve changed the date for my hearing and their counterclaim hearing for the same date and time. 
14th December

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they've?

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... 

Link to post
Share on other sites

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