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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • 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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racer1 v Next Directory / Debt Managers Scotland


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Hi Bisper's i'm back as promised,

These Next characters are slippery little suckers, you may remember i wrote back to them after offering them a repayment offer and they have not yet responded, well they did this morning, well not them personally a DCA called MOORCROFT have written to us stating their intention of intended litigation, i think it's a different DCA to yours, but i'm going to fire off a CCA for MOH and see if that stops them in their tracks, She cannot ever remember signing an agreement with them. The thing that makes THEM really STUPID is that they were made a sensible offer of payment, but declined it, their pure greed could possibly cost them dearly.

You would think these agencies would want to ensure all the legal paperwork was in place before they accepted these cases, just goes to show what a hopeful greedy load of vultures they are! :p It really is a case of them just "trying their luck" half the time!

keep going, onwards and upwards!!! :D

:D B & Q Store Card *Settled* - £365 (912 AUD)

:D First Direct 1 *Settled* - £1089 (2722 AUD)

:D First Direct 2 *Settled* - £469 (1172 AUD)

:D Goldfish *Settled* - £372 (930 AUD)

:D Barclays *Settled* - £903 (2257 AUD)

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Right....have the letter here, can anyone help please?

 

First thing of note is that the letter is dated 21 March 2007 - but the postmark is 23 May 2007!!!!

 

 

Dear Ms XXXX

 

Thank you for your recent letter regarding your Next Directory account.

 

I write to confirm that Next does not hold a signed credit agreement for you. Under section 127 (3) of the Consumer Credit Act 1974 this debt is therefore unenforceable. We must inform you, however, that we have received legal advice that an uneforceable debt is still a debt.

 

However, the good that have been charged to your account have been ordered by and delivered to you, without payment in full having been made for them. Therefore your account remains in debt to the Next Directory.

 

In light of this, and in the absence of any rvidence to suggest that you did not order and / or receive the goods delivered, Next will continue to seek payment of the balance of £267.58 owed by you.

 

A default entry will therefore be made on your credit reference file, which may affect your ability to obtain credit in the future. Making payment to clear the balance will enable your credit files to show as satisfied.

 

Yours sincerely

 

XXXXX

 

So....they're still trying to get the money back, but they admit the debt is unenforceable and they don't hold a CCA, therefore they can't enforce it, correct?

 

Will try and send a letter back to them today.

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I'm just wondering whether they can apply a default rather than a CCJ, as they agree it's un-enforceable through court (CCJ) but could they still lodge a default? Defaults appear to be given out like chocolates, Can you contest a default with the CRA? Watching with interest!:confused:

:D B & Q Store Card *Settled* - £365 (912 AUD)

:D First Direct 1 *Settled* - £1089 (2722 AUD)

:D First Direct 2 *Settled* - £469 (1172 AUD)

:D Goldfish *Settled* - £372 (930 AUD)

:D Barclays *Settled* - £903 (2257 AUD)

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Can anyone please help? Spoke to TS who have me numbers for other people who say they can't help. CCCS don't seem to have a clue either and keep putting me on hold....constantly.

 

Advice appreciated!

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If they go for a CCJ your defence is where is the credit agreement. If you ask for it in the court and they don't produce it the judge will chuck it out!

 

The Office of Fair Trading is interested in Next chasing monies against unenforceable accounts see post #36 in this thread

 

http://www.consumeractiongroup.co.uk/forum/store-cards/69695-next-directory-covered-cca-2.html?highlight=Next+directory

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What can I do now about them saying it's unenforceable but still coming after me?

 

And what can I do about the default? a) can they do it and b) is that letter good enough notification, I thought they had to do something different?

 

Thanks for other link.

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They shouldn't default you but they will eventually when you have missed enough payments. The bottom line is that the ultimate action for them, court, is no longer an option. And that would be the only way to force you to pay.

 

They will merely make a pain of themselves with calls letters and a default. All you can do is make yourself more of a pain by complaining to OFT for a start.

 

I am also currently research what other options are open to people where the company has admitted no agreement exists. But it will be a few weeks before I get to a point of being able to post about it.

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Ok thanks. Best way of complaining to OFT letter? Tried calling earlier but was on hold forever....!

 

Be helpful if there was also a contact number of people who can help. TS / Consumer Direct said they couldn't, gave me phone numbers of others who also said they couldn't etc.

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Here you go,

 

"So people if you have stuff you want investigated about NEXT Retail Limited t/a Next Directory Ltd (licence number 534644) , please do write to Andy Lowther - Enquiries and Preliminary Investigations Centre - Markets and Projects. Sorry all this is under his signature on the letter!

 

Address - Office of Fair Trading, Fleetbank House, 2-6 Salisbury Square, london EC4Y 8JX"

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Ok a response letter....please tinker as necessary.

 

 

ADDRESS

30th May 2007

Paula Forster

Agency Liason Department

The Next Directory

Collections Department

PO Box 3000

Rotherham

S97 3EU

Dear Paula,

WITHOUT PREJUDICE

ACCOUNT: NAME AND ADDRESS

 

I refer to your letter dated 21st March 2007.

Firstly, I fail to understand how you can send a letter on 21st March 2007 in relation to my CCA request dated 27th April 2007. Furthermore, the fact your letter is dated 21st March 2007 and the postmark bears the date 23rd May 2007 shows some alarming inefficiency in your department. I am sure you wish to draw a swift conclusion to these matters and expect you to be much prompter in any further responses.

As you have confirmed Next does not hold a signed credit agreement for myself, it is indeed correct that under section 127 (3) of the Consumer Credit Act 1974 this debt is unenforceable.

Furthermore, in my view you cannot place any defaults on my credit reference file as these will be being placed illegally due to the absence of a signed credit agreement. By doing this in my view you will be acting illegally in your attempt to place any defaults under the Consumer Credit Act.

I am prepared to offer the sum of £20 in full and final settlement of my account as you cannot provide a copy of original signed credit agreement. The sum of £20 will be in full and final settlement of my account and I also request The Next Directory to remove all defaults on my credit reference file which in my view will be placed illegally.

I expect to hear from you within seven working days.

Yours sincerely,

NAME

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Got home to another letter from Next last night but a bit of a weird one!

 

 

 

29 May 2007

 

Address

 

Dear Ms XXXXXX

 

Thank you for your recent letter, and I am concerned to learn of the problems you have experienced.

 

At Next, both customer service and the high quality of our merchandise are extremely important to us. I can assure you that this matter will be investigated, and we will be in touch with you at the earliest opportunity.

 

In the meantime, however, if you would like to contact us, please do not hesitate to call us in the Customer Relations Department, on the telephone number shown below, where any of our team will be happy to assist you.

 

Yours sincerely

 

 

Customer Relations Team

 

Firstly - I've only CCAed and SARed them recently. Is this letter in response to one I sent them in Feb or so, stating that the courier didn't come to collect returned items for two months and when she did was just plain rude? If it is, bit of a slow reply....

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  • 4 weeks later...
  • 2 weeks later...

Right more help needed please.....

 

Last week I received a letter from the DCA stating even with out the CCA agreement they're going to keep pursuing me. Now attached to the DCA letter was a "copy" letter from Next dated 20th June 2007. I haven't received that letter from Next at all, only the copy from the DCA. Last time Next "wrote" to me in March but it was postmarked May.....I'm hanging on at the moment and not replying to Next until the originaly letter has been received but so far it's 2.5 weeks since it was supposedly written!

 

Firstly, am I right to keep waiting until I receive the correspondence from Next? And also can the DCA pursue me for it when there is no CCA? As far as I knew they couldn't!

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They haven't called me as I've asked them to stop calling.....

 

If it doesn't turn up in a few weeks I'll send a short letter, pointing out I think they may have forgotten to post something....

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Serious Bispers, they cannot continue to pursue you without the credit agreement, IF and it is a big IF it went to court, the first argument on your side would be is that no CCA exists for this debt.

 

Robinson Way went after me for a Next account- not mine I have to add- and they insisted that they were going to carry on chasing me even though they weren't sure I was the debtor and there was no CCA. I just returned their correspondance to them with 'NO CCA=NO DEBT' written in marker pen, I also wrote on one 'You have been reported to Mr XXXXXX at Manchester trading standards' and I never heard from them again.

 

I'd report Debt Managers to your local TS if you haven't already done so, get that ball rolling!

 

Good Luck

TF x

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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