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    • Hello All, I was hoping for some help with a  Claim Form received yesterday 15h May 2024.  I have read lots of threads but I just want to check what I am doing. I have acknowledged service noting my intention to defend all of the claim and I have left the contest jurisdiction un-checked. I will today/tomorrow issue a CCA request with a £1 postal order to the claimant and a CPR 31:14 to the solicitor.  For the CCA which section should I use? I am not sure which section Paypal Credit would come under. If the claim was issued on the 9th May am I correct with my defence filing date of the 11th June? Is there anything else I need to do? Thanks in advance   Which Court have you received the claim from ? Civil National Business Centre, Northampton Name of the Claimant ? Lowell Portfolio I Ltd How many defendant's  joint or self ? Self (just 1) Date of issue –  9th May 2024 Defence filing date: Tuesday 11th June?? Particulars of Claim What is the claim for  The claim is for the sum of £255.69 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of xxxxxxxxxxxxxxxx)  The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. The debt was legally assigned to the claimant on 15-09-21, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £0.00. The Claimant claims the sum of £255.69 What is the total value of the claim? £340.69 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes 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? Not applicable Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PayPal credit account When did you enter into the original agreement before or after April 2007 ? After April 2007  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, shows as defaulted.  Registered when it was bought by Lowell 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? Cant find a letter that say so Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Not sure Why did you cease payments? Financial difficulties and mental health issues What was the date of your last payment? ? Mid 2019 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
    • In addition to the advice and questions asked by my site team colleague above, where did you get the template from which you used to reply to the letter of claim?
    • should have come here first really. What you requested was a load of irrelevant twaddle. What was the original debt? Have you moved since taking it out? If TM Legal are chasing, that should means that Perch own it now? Did you get the letter of claim by email or post? You should kill the emails immediately.   
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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PE/DCBL 2019 PCN - Notice of Debt Recovery - unpaid parking charge £170


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trust us.

get that q& a done asap please!

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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Can I point out to Billy Williams that the Bulk Centre in Northampton is not a County Court in the normal terms, it is merely and Administrative office situated in St Katherin's House with a number of computer terminals and operators. It is a means of streamlining civil claims relieving County Courts around the country from having to deal with the repetitive  initial claims of some types such a parking which can then be dealt with through Money Claims Online (MCOL).

All that I can see from your thread is that you have picked up, from some unknown sources, a hash mash of terms, many of which do not apply to Private Parking .

Much of this could have been dealt with had you complied with the repeated request to

1) read other threads here, in particular the Success thread, which will answer much that you are asking (we have seen these questions many times, the site is self help too)

2) Scan any paperwork that you have, redacting all personal information and reference numbers, posting to give the experienced Caggers a chance to see what is applicable to your situation.  Most of your questions seem to be hypothetical.

I would remind you that all of the team, (site team and members alike) on Consumer Action Group are volunteers  and we just like to help.

 

 

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My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Last time I paid in cash, the payments were returned. 

A judge took a very dim view of that, and I am now looking for compensation related to being threatened by bailiffs, in relation to the default situation, the claimants had themselves engineered.

Nothing to stop anyone paying in cash if they choose to. 

Best way is coins of low domination, sent in a package using signed for delivery.  

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2 hours ago, Billy Williams said:

Paying in cash seems to cause claimants major problems, and if they choose to return my payment, the debt is extinguished. 

nope!!

and freeman of the land twaddle now makes sense on how you are responding to your other thread too.

no wonder you are in this pickle in both cases.

i would drop the freeman of the land stuff pretty pronto else things are only gonna get alot worst as time goes on.

pers i dont think you have anywhere to go with getting compo here.

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 "debt" is for a £100 invoice plus £70 debt collecting fees, the latter being expressly forbidden by Schedule 4 of the Protection of Freedoms Act 2012.

We've seen several cases where the motorist lost in court, but the judge still disallowed the extra made-up £70.

So why you would want to pay this, by cash or in any other way, is beyond me.

Still. it's your case, not ours, you insist on hiding vital details from us, up to you, you'll be the one losing £170 and/or ending up with a completely-avoidable court claim, not us.

 

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

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

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re my other thread: Paying by cash is in law perfectly acceptable. In my case, a claimant spuriously obtained a writ of control, on the basis of cash not being legally viable. 

They suggested that payments had not been made, even though I had Royal Mail confirmations that the payments had been made, and had been received and accepted by the claimant.  

I have not as yet obtained the submission that made to the High Court in respect of getting the writ, but if it is inclusive of what I think it is likely to contain, then it's contempt of court pure and simple, and is something I will be pursuing. 

As the writ of control was issued on the basis of submissions, which were either wholly, or in part untrue, then there is a very strong possibility of compensation.

The bailiff action that followed the writ was unlawful, and there also exists a very strong possibility of contempt of court, on the part of the claimant. 

as for this pcn. Sorry for not posting up the pro-forma threat letter, but cannot see any purpose in so doing as I would guess that they are all pretty much the same?

Will phone DCBL when I have time, and ask them if cash payments are acceptable.   

 

My comments about making payments in cash,  are supported by a court judgement, and are not related in any way to the FMOTL nonsense!

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But, but, but,

What if they actually accept the cash?

If I send you an invoice, will you pay me in cash... please?

We could do with some help from you.

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ALL FMOTL TWADDLE  or caused by believing such rubbish.

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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I find it very strange that a District Judge, would want to promote any of the FMOTL crap?  If he was wrong in law to suggest that making payments in cash is lawful, and such payments should be accepted, please feel free to point me towards the specific legislation, which confirms his decision was incorrect? 

In respect of making submissions to a court, which are knowingly untrue, that amounts to contempt. Contempt is of course a criminal matter, so does anyone know the exact procedure to lay an action, before a magistrate's bench?  The said action would be in relation to the contempt matter, which I feel the magistrates should deal with.

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should these posts not be on your other thread?

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

They never accept cash!  Some parking scammers have specific notices on their threat letters,  saying they DO NOT ACCEPT CASH.

That though is related to their business practices only, and does not prevent anyone paying using cash if they choose to.

 

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this sovereign citizen/FMOTL twaddle like i only use cash and am a traveller not a driver really does invoke devote cult like membership/undying belief, much the same as cult trump.  

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

It's very peculiar that the "Site Team" posting on this forum seem to believe a court judgement, is in some way related to the FMOTL nonsense?  Why a district judge would choose to make a decision, which validates such gibberish, is well beyond me?

While we still have cash, it's something that CAN be used to make payments, and as in my case, may force a claimant into breaking the law, in an effort to curtail that method of payment.

Had I chosen to do so, I could have refused in court to set up a direct debit to make future payments, and advised I would be continuing to pay in cash.  Counting out £50 payments of copper and low denomination silver, and sending it off via signed for delivery, was getting rather tedious though, and I would have stopped of my own accord pretty soon anyway.

That the claimant decided to break the law and then threaten me with sub-epsilon bully boys, said loud and clear just how seriously they regarded making payments in cash actually is. 

As the matter now stands, if I can prove the claimant has made representations to the high court, which are wholly or partially untrue, they are in contempt of court, and the sub-epsilons have made threats against me on the basis of a writ which was wholly spurious.

It seems that there is a strong possibility of obtaining compensatory payments from both the claimant and the sub-epsilons (bailiffs). I find it worrying that the "Site Team" seem to think this is something that should be derided, on the basis that the law of the land, has in this case been usurped by FMOTL idiocy?

When the compensation matters have been dealt with, I will be putting an outline of what has gone on into the public domain, and if after reading it, others choose to pay using cash, there is nothing to stop them so doing.

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