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    • I have received an email in the last 10 minutes 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024  It also includes a "Notice of Hearing" stating that the application hearing will take place on 13th June at 10.00am.  Confused as to whether I need to attend this ?
    • I've received this notice to keeper. I work for the NHS and was delayed due to patient care. I park here regular and and have never had any issues. I've looked at the evidence on the portal and other than showing that i entered at 12.59.33 and departed at 17:14:14 it doesn't state how long i overstayed for. I paid for 4 hours parking over the phone which i wont have done till i got parked but as its over the phone i have no receipt or record but it is not possible for me to have been in excess of 15mins from the photos alone but I'm unsure having read other threads whether grace periods are 10 or 15 minutes. I havent appealed yet but and was about to but in appealing i'm showing i'm the driver which i gather is something you state we must never do. I don't like confrontation but £60 seems extortionate. Hope you can help. 🤞 1 Date of the infringement 30th May 2024 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 30th May 2024 [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s 3 Date received 5th June 2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No reference to schedule 4 just says"...we the creditor reserve the right to recover unpaid parking charges from the registered keeper in accordance with POFA 2012." 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up NA 7 Who is the parking company? Carpark securities 8. Where exactly [carpark name and town] Northgate, Halifax Former Dews Car Park HX1 1XJ For either option, does it say which appeals body they operate under. IAS There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   Notice to Keeper.pdf
    • It never seems to amaze me how the chuckleheads think that No Stopping can ever offer a contract when it is prohibitory. In any case you did not accept the contract by entering the land, you entered the land to get to the airport for goodness sake. In most car parks there is a Consideration period that allows motorists to decide whether they want to stay in the car park . Here on a road, there is no consideration period and whether the motorist finds the terms agreeable or not even assuming that they are able to understand that they are being hoodwinked into believing they are being offered a  contract they cannot turn back. They have a plane to catch and even if they did turn back because they didn't accept the  No Stopping term of   the so called contract they would still have had to stop to turn around. Plus there is a question of Frustration of Contract. You had to stop at a pedestrian crossing .    
    • Just a couple paragraphs their WS that it might be useful to refer to specifically in the OP's WS... Para 6 A contract was formed with "the driver" of the vehicle. Para 8 "The driver" accepted the contract. (The "driver" is not named, or identified anywhere in the WS). Para 7 WHY would there ever be a "no stopping" restriction in a car park? (In Para 10, they specify that it is a "car park"). Para 11 "The Defendant" became liable." Again, they have not shown that the Defendant was "the driver", simply the keeper. Para 20 "It is a matter of agreement"? Not really sure what they're trying to say here...
    • Thank you for relying so quickly! That is what I had concluded was the reality of the situation.. I'm still waiting for the call within my time slot.. I will try to fill this thread with more info, find original letters and show the docs of the pack I was sent, a pack with no real covering letter to show what it was in response to or from whom..
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voyager 9 vs bank of scotland


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Dear Sir or Madam,

Re: Claim no: #########

 

I have now obtained judgement (copy enclosed) in the above claim, for £##### payable forthwith.

 

I am writing to inform you clearly that if I have not received the money in full by Midday Friday 6th July (7 days) I will takes step to enforce the judgement, this will add considerable costs to the amount payable and may interfere with your ability to obtain credit.

 

The enforcement action taking place will be one of the following:

  • A warrant of execution
  • An attachment of earnings order
  • A third party debt order
  • A charging order
  • A Statutory Demand will be served
  • A writ of Fi Fa issued.

If you wish to discuss the matter I urge you to contact myself without delay as no further warning will be given before enforcement commences.

 

Yours faithfully,

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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there you go sanand cant remember where i found it dont think its a template but just adapt to suit

 

voyager9

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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no miz, nothing yet but only faxed 7 day letter yesterday so think it will be few days yet at least.

 

voyager9

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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Oh! It's terrific stuff!

 

Dear Sir or Madam,

 

Re: Claim no: #########

 

I have now obtained judgement (copy enclosed) in the above claim, for £##### payable forthwith.

 

I am writing to inform you clearly that if I have not received the money in full by Midday Friday 6th July (7 days) I will takes step to enforce the judgement, this will add considerable costs to the amount payable and may interfere with your ability to obtain credit. I certainly won't be offering them any credit!!!

 

The enforcement action taking place will be one of the following:

  • A warrant of execution Can I be hangman?
  • An attachment of earnings order I hope that it's a percentage of their earnings!!!
  • A third party debt order
  • A charging order
  • A Statutory Demand will be served
  • A writ of Fi Fa issued.

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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rofl laughing , thanks dursary i wont take credit for it though found it somewhere on this site (just cant remember where lol) , nothing in post today

 

but have now statred on the credit card received a definate no way to prelim 2 days after sending it so lba sent funny thing is,

 

i sent cca request to them, received application form , wrote back stating agreement void under section 59 cca act , they then sold debt to another company and wrote bact stating upon advise from legal dept can not comment on my legal arguments? emmm ,untill i begin litigation.

 

so in my prelim and lba as the agreement/application is void all terms/agreements in it are also void so am claiming all interest paid+credit care insurance/payment protection+charges

 

i will be happy for this one to go to court and prove once and for all that all application forms which they argue are agreements are void under the consumer credit act section 59 because i hope that it will open up a massive can of worms.

 

voyager9

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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Yum! Yum!

I Lurvvv Worms!

sick0013.gif

 

 

 

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Hi Voyager

Any news today .If you send in the baliffs can I come and watch LOL:D

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Book me a seat, too!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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thanks guys :D

 

nothing yet they got till midday wednesday then will issue warrant of execution , am keeping fingers crossed for tommorow or wednesday receiving nice cheque lol he says optimisticaly:rolleyes:

 

voyager9

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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Is that the next step then voyager sending in the bailiffs? i have issued a judgement and they keep lieing to me saying its going in my account and it never does!! they sent me letter dated 9th july saying will be in account within 5 days!! i still have not got anything they keep telling me that they have emailed the ACCELERATOR dept to hurry it along just fob offs basically, i just don't know what else to do :(

Miz_Print v Halifax Won :-D 24th july 2007:D

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nothing today, have phoned up someone from judgement dept meant to phone back by end of day yeah right anyway if they dont will be issueing writ of fi fa as my claim is over 10 grand and that will be high court bailiffs going in

 

voyager9

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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  • 1 month later...

update:

 

sorry for delay but been away for a few weeks.

 

hbos have paid part of the judgement - 6 years charges and 8%

 

they have now requested setaside on basically 2 points basically

 

1 wrong name (hbos plc on poc)

2 not intitled past 6 years ( included limitations act in poc) therefore defendind on basis that not entitled to anymore

 

suprisingly they have not mentioned precedent on contractual interest

 

hearing set for 25 sept

 

any advice?

 

voyager9

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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hi tilly have had a look but mine is not a full claim hearing its just a hearing to hear the defendants application for a set aside of a default judgement,

 

i am looking for advice on argueing the set aside

 

voyager9

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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Share on other sites

thanks for the reply bigmac

 

i dont think this applies to me either

 

i am in the english courts and they are not asking for claim to be stayed

 

i obtained default judgement after they failed to send in a defence and they are now applieing for a set aside basically relying on the basis that the defendant has a real prospect of successfully defending the claim.

 

their basic evidence to support this request is

 

defendant incorrectly named

 

limitations act which i covered in poc

 

i am trying to argue at the hearing that the defendant has no real prospect of defending case therefore default judgement should stand

 

thanks voyager9

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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  • 2 weeks later...

right this is what i am doing , as it is only a ten minute hearing i did not think i would have much chance of putting my case for rejection of the set aside across so have decided to send a letter into court for the judges consideration before the hearing

 

heres what i have wrote if someone knowledgable could look over it for me.

 

REPLY TO DEFENDANTS WRITTEN EVIDENCE IN THE APPLICATION TO BE HEARD ON 25TH SEPTEMBER 2007 AT NEWARK COUNTY COURT.

 

The claimant would be most grateful if the court would consider this response to the defendant’s evidence in part c of their application when any decision is being made.

 

In paragraph’s 1 through to 3 the defendant contends the claimant incorrectly named HBOS plc as the defendant and the claim should have been brought against Halifax plc.

 

The claimant originally banked with the bank of Scotland who eventually merged with Halifax plc and as far as the claimant was aware was renamed Hbos plc which is why the claimant named Hbos plc as the defendant and not Halifax plc.

 

Also the claimant notes that on the acknowledgement of the claim the defendant stated all correspondence to be sent to Hbos plc, legal services – retail division, trinity road,Halifax,.hx1 2rg which is the same address right down to the postcode of Halifax plc.

 

In paragraph 5 the defendant then admits the claimant had an account with the named defendant even though in paragraph 3 this fact is denied.

 

Paragraph 6 states that the charges were debited in accordance with the account terms and conditions.

 

This paragraph is vague and does not give any reason why this Defence has a real prospect of succeeding, furthermore this does not cover any of claimant’s points in her particulars of claim including but not restricted to paragraphs 5 and 6 of the particulars of claim which clearly states

the claimant is a disabled person and her husband is a full-time carer for there disabled son as such the only income into the account was disability living allowance for the claimant, disability allowance for her son, income support, invalid carers allowance and child support all of which were paid into the account by the department for work and pensions.”

and

“all of the charges in question were taken from the above mentioned benefits which contravene section 187 of the Social Security Administration Act 1992 (hereinafter referred to as SSAA), this section clearly states that any agreement to charge shall be void against any benefit as defined in section 122 of the Contributions and Benefits Act, any income related benefit and any child benefit.”

 

The claimant did receive payment of £3279.62 however no explanation as to how this figure was reached arrived with payment.

 

Paragraph 8 claims that the remainder of the claim which totals £6509.17 is statute barred due to section 5 of The Limitations Act 1980.

 

In the claimants particulars of claim in paragraph 43 (a) (b) © and (d) the claimant has clearly invoked section 32 of The Limitations Act 1980 for the reasons stated, this has not been addressed by the defendant at all and further more please find attached a copy of a letter the claimant received from a Mr. Richard brown dated 18th of may clearly stating in the highlighted section

“You asked us to explain how we calculate the amount of charges for which you are seeking a refund. As this is commercially sensitive information, I hope you will understand that I cannot provide this information.”

The above statement shows that the defendant has concealed and continues to conceal relevant facts pertinent to the claimant’s right of action and the claimant continued to pay the charges in the mistaken belief they were lawful and a true estimation of costs.

 

In paragraph 9 the defendant denies that the claimant is entitled to costs as these are not recoverable under part 27.14 of the civil procedure rules.

It is the claimants view that part 27.14 of the civil procedure rules applies to claims on the small claims track unless paragraph 5 applies, as no track has been decided and the amount of claim is above the limit for small claims, if the claim was allocated small claims track paragraph 5 would apply.

Based on this, costs are recoverable in this case.

 

In paragraph 10 the defendant states

“The claimant also makes allegations of her health being affected as a direct result of the defendant’s treatment.”

The claimant refers to paragraphs 53 to 56 of her particulars of claim, in paragraph 54, the claimant states

“The claimant suffered from a chronic depressive condition which was caused equally by her living in a impoverished state”

As you noticed in the above statement the claimant stated equally not directly as stated by the defendant.

Also the claimant goes on to state

“This impoverished state was caused by inter alia a significant portion of the claimant’s income being consumed by the charges”

Again as you notice above claimant uses the term inter alia which as the defendants legal team should know means “amongst other things” as such the claimant fails to see how the defendant has come to the conclusion that the claimant is making allegations that her health was affected as a direct result of the defendants treatment.

The defendant then makes various allegations that the claimant failed to comply with the pre-action protocols for personal injury claims.

After reading the relevant sections the claimant fails to see the relevance to this case, as far as the claimant is aware this is not a personal injury claim, it is instead a money claim.

 

Finally it is the claimant’s contention that the defendant has no real prospect of successfully defending this claim based on the defendant’s evidence as stated in part c of their application.

 

Accordingly the claimant would respectfully request that the court gives due consideration to whether the defendants application should be rejected.

 

The claimant believes all of the above facts are true

 

Signed

 

 

 

Dated 17th September 2007

 

Copy sent to defendant 17th September 2007

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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can a mod possibly have a look? or anyone

 

thanks voyager

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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HI Voyager9

 

Not an expert by any means but this sounds fine to me. Very clear and consise.

This will bump you up though so perhaps someone with more knowledge than myself will help.

Good Luck.

 

Regards :)

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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