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    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
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    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
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Asset/Link/Kearns Claimform - old Barclaycard debt


PJB5

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you are where you are.

have you had any reply to your CCA/CPR letters?

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 again, sorry for the late reply but I've been manic with work.

Yes I got their reply with a reconstituted agreement, turns out it was an Egg card originally.

Can I just check if I should have been made aware of their application to lift the stay please?

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can we see the CCA/CPR returns in full please?

one multipage PDF only. we dont need statements

read upload carefully

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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13 minutes ago, dx100uk said:

CCA/CPR returns in full 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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leave in all £figures and dates please else we cant ever check if anything is ever enforceable.

if you read upload it does tell 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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all unenforceable bogroll apart from the DN that looks like a compliant with one. however you've screwed the layout up.

next time please follow UPLOAD and scan each page as a JPG , then redact each, then merged them to one mass PDF

you appear to have used some sort of text recognition software that has changed line spacing and fonts sizes and spacing. so difficult to tell.

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 Asset/Link/Kearns Claimform - old EGG barclaycard debt
  • dx100uk changed the title to Asset/Link/Kearns Claimform - old Barclaycard debt

I was speaking to a friend who said that I should have been served the N244 application to lift the stay which would have given me the chance to object.

He suggested writing to the court manager, I do not have to pay for the application and may get lucky, might not but worth a go! 

in preparing a letter to the Court manager to ask I be given the chance to raise objections I had a quick google and came across this:

Chief Master Marsh in the case of ‘The Football Association Premier League Ltd v O’Donovan & another (England & Wales High Court Chancery Division 2017) in his judgment handed down on 3 February 2017, sought to identify how the Court ought to approach an application to lift a stay. When applying the test of ‘appropriateness’, Chief Master Marsh considered the following as important factors in the balance:
a)    Whether the claimant had an adequate explanation for the delay;
b)    Whether the claimant’s claim has (at least) a real prospects of success;
c)    The defendant’s behaviour, and including his engagement with the court process, and whether any delay was caused by the defendant’s actions; 
d)    The nature and extent of any prejudice the defendant would suffer in the event that the stay is lifted;
e)    Whether any attempts were made by the claimant, within the 6 months, to ‘revive’ the claim.

Nowhere on the MCOL portal can I find the date of the stay,

is there anywhere that it is on there that I am missing or is it automatically calculated from the service of my defence?

If so under what rule as Part 15.11 CPR that deals with stays does not mention it that I can see. 

 

Thanks

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On 20/02/2024 at 18:27, PJB5 said:

turns out it was an Egg card originally.

no its not - doesn't say EGG anywhere and we've already covered this by checking the 1st 6 digits number on the 1st few posts here.

 

7 hours ago, PJB5 said:

or is it automatically calculated from the service of my defence?

on the letter from the court acknowledging your defence filing. it never shows on mcol

On 17/02/2024 at 22:57, Andyorch said:

Afraid so it's the claimants perogative as to if and when they wish to apply to lift the stay.12mnths is nothing I've seen 5 years and the court granted it.

 

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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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19 hours ago, PJB5 said:

I was speaking to a friend who said that I should have been served the N244 application to lift the stay which would have given me the chance to object.

You have been served a copy by the court (your post #70)

CPR 23.10

(1) A person who was not served with a copy of the application notice before an order was made under rule 23.9, may apply to have the order set aside(GL) or varied.

(2) An application under this rule must, unless the court directs otherwise, be made within 7 days after the date on which the order was served on the person making the application.

CPR 15.11 is with regards to when neither an AOS or defence has been submitted and the claimant failed to apply for judgment.

 

19 hours ago, PJB5 said:

If so under what rule as Part 15.11 CPR that deals with stays does not mention it that I can see. 

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Also BC did take over EGG so it could have orig been an EGG account.

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11 hours ago, dx100uk said:

no its not - doesn't say EGG anywhere and we've already covered this by checking the 1st 6 digits number on the 1st few posts here.

on the letter from the court acknowledging your defence filing. it never shows on mcol

The first page and thereon of the reconstituted credit agreement states Egg on it. 

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ok lets break that CCA return PDF down:

page 4 of the PDF is a right to cancel box with no date from BC agreements that pre dates this 2005 time frame.

pages 5 to 15 are a copy of what an EGG Agreement looked like from 02/2005. with £20 Penalty Fees for late/over etc. but no signature no online signup tick box. nor dates and is void of any proof you actually signed it. online or otherwise

Pages 16 to 18 are a few pages of a BC Agreement post mid 2006 with £12 Penalty fees. again with no date, no signup box or indication tickbox/name it was online. 

all 3 are bogroll.

from the POC it states a 16 digit ref number

we have already established that is a Platinum Barclaycard 492910 and not an EGG card number. 

Brand VISA
Institution name BARCLAYS BANK PLC
Type CREDIT
Level PLATINUM
Country GB

egg cards were 462785.

.............

Plink have raised a court claim using a later card's number for a previously existing card debt when none of the paperwork shows any dates of YOU signing up to either agreement .

gameover.

dx

 

 

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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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Link the claimant we call them Plink..

not been reading up then on Link Claimform threads...you'll see why.

dx

  • Thanks 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...

Surprise surprise with the super of the court system these days I've not heard anything from them on my representations and my questionnaire is due in today.

 

Assume I'm best to put it my questionnaire in the meantime. If so, should I ask for determination with a hearing, Kearns have asked for without.

 

Thanks

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Leaving it late ....if you do not submit DQ on time you risk your defence being struck out.

 

Andy

We could do with some help from you.

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Have you not been directed to the guidance ?

 

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https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148


3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

you can email it to the court.

 

dx

  • Thanks 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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All done. You would have thought with it being an online system you could submit it on MCOL. Then it give the court address on the court order but luckily they sent me this by reply when I emailed them before so going to email it! 

 

Not sure if you have seen this but it contains the new email addresses from 28/2/24.

 

 

CNBC mailboxes from the 28th Feb 24.pdf

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upload changed to PDF

dont use docx...all your pers details show in file info/propertirs.

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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