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    • Thanks London  if I’ve read correctly the questionaire wants me to post his actual name on a public forum… is that correct.  I’ve only had a quick read so far
    • Plenty of success stories, also bear in mind not everyone updates the forum.  Overdale's want you to roll over and pay, without using your enshrined legal right to defend. make you wet yourself in fear that a solicitor will Take you to court, so you will pay up without question. Most people do just that,  but you are lucky that you have found this place and can help you put together a good defence. You should get reading on some other Capital One and Overdale's cases on the forum to get an idea of how it works.  
    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
    • Here's a suggested modified version for consideration by the team. (Not sure whether it still gives too much away?)   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you added. Shall we raise the related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding parking periods. Especially with no consideration of section 13 in your own trade association's code of practice and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked, unmanaged over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the above issues and more, with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture a couple of useless ANPR photos. If you insist on continuing this stupid, money grabbing quest, after having all of the above pointed out, we will of course show this letter to the Judge and request “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Signed, "Spot". (Vehicle Keeper's pet Dalmation).
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MBNA C/Card so far with 10 to go?


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Try now

 

(I put them on one of my web pages - made a mess of copying them :oops:)

 

Remember too, the witness statement has teh same format as the defence

IN THE xxxxxxxx COUNTY COURT

CLAIM NUMBER XXXXXX

 

 

 

BETWEEN

xxxxxxxxxxx- CLAIMANT

 

and

 

 

xxxxxxxxxxxxx - DEFENDANT

 

-----------------------------

 

WITNESS STATEMENT

 

-----------------------------

 

 

 

and "dated this xxth day of xxxx 2008" at the end after the signature.

Edited by steven4064

 

 

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Hi there

 

Looks good to me Steven;) , i cannot believe that their grounds for slinging a case out is because you have taken advice from here, that beggers belief

 

so if they take a disliking to the CAB for example will they complain that the CAB arent allowed to offer legal help?

 

Utter nonsense isnt it,

 

Regards

 

Paul

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defaultnoticeMBA001.jpg

defaultnoticeMBA002.jpg

 

on reading the above it is assumed that the claimant has filed in court as evidence copies of

 

1. credit agreement

2. terms and conditions

3. default notice

4. statements of account (march 06 to april 08)

 

it is suggested that a copy of the application notice for summary judgement and the evidence (as per items 1 to 4 listed above) should indeed be served on the defendant. If this has not been done perhaps the defendant should take the matter up with the local court

 

on researching the thread further it seems a copy of an agreement without prescribed terms has indeed been sent to you , what is the situation with the default notice ?

Edited by Vulture_Bank
wrong assumption made re application form

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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icepop

 

here are the 4 cases you need as well

 

Wilson v Hurstanger

Wilson v First County Trust

Woodchester v Swain

Kpohraror v Woolwich BS

 

I have added a sentence to the end of para 7 of the witness statement. If you have already printed it, it doesn't matter, but it is a quetsion you might want to ask in court.

Edited by steven4064

 

 

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Gulp, that first one 104 pages !.. Do they all have to be printed off please:)

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on reading the above it is assumed that the claimant has filed in court as evidence copies of

 

1. credit agreement

2. terms and conditions

3. default notice

4. statements of account (march 06 to april 08)

 

it is suggested that a copy of the application notice for summary judgement and the evidence (as per items 1 to 4 listed above) should indeed be served on the defendant. If this has not been done perhaps the defendant should take the matter up with the local court

 

on researching the thread further it seems a copy of an agreement without prescribed terms has indeed been sent to you , what is the situation with the default notice ?

 

Hi there

Inaccurate and defective default notice.Not in accordance with CCA.

The default does not give you 14 days from date of service to remedy the default. In my case I was given 13 days.

Which means its unlawful. This is set out by the (enforcement, default and termination notices) Regulation 1983 (SI 1983/1561).

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Hi there

Inaccurate and defective default notice.Not in accordance with CCA.

The default does not give you 14 days from date of service to remedy the default. In my case I was given 13 days.

Which means its unlawful. This is set out by the (enforcement, default and termination notices) Regulation 1983 (SI 1983/1561).

 

 

ummmmmmmmmmmmm

 

see

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1554866.html

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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Hi there

Inaccurate and defective default notice.Not in accordance with CCA.

The default does not give you 14 days from date of service to remedy the default. In my case I was given 13 days.

Which means its unlawful. This is set out by the (enforcement, default and termination notices) Regulation 1983 (SI 1983/1561).

 

 

moreover your default notice says

 

We refer to the above agreement which you have entered into with us. Clause 3 of that agreement provides that you must repay immediately the amount of any arrears on the account. You are in breach of that clause because you have failed to make such payment and are seriously in arrears.

 

however in fact clause 3 of the current terms and conditions

it is suggested refers to key information hence we have another reason why the default notice is invalid

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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Hi Steven

Thanks again for the infor on (cases).

It seems the 'Woodchurch v Swain' is on your Webpage Site? I can't PRINT!!!!!!

They are all on my web site. You can't print it because it's woodchester not woodchurch

 

Sorry :oops:

 

 

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Hi Sven

So sorry I have now printed ALL.

I am having a computer nightmare at the moment? My desktop is not allowing any follow-on when clicking and therefore,it is crashing when I need to follow onto further......

So I now am using a laptop in between to try and answer further stuff!!!!

NOT WHAT I NEED AT THIS MOMENT.F>>>>>>K Computers!!!!

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Hi Sven

So sorry I have now printed ALL.

I am having a computer nightmare at the moment? My desktop is not allowing any follow-on when clicking and therefore,it is crashing when I need to follow onto further......

So I now am using a laptop in between to try and answer further stuff!!!!

NOT WHAT I NEED AT THIS MOMENT.F>>>>>>K Computers!!!!

 

SAVE THE DOCUMENT AS A PDF ON THE COMputer then print out from there. maybe printout one page at a time if needed

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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Hi All

 

Today recieved a letter from Court; NOTICE OF AJOURNED HEARING.

There (Restons) have applied to move the court hearing to the 28th July.

I phoned the court manager today to ask the date to be moved again to the 11th August for I do not return from holiday until the 2nd...

 

My annoyance with both(Court & Restons) is that I announce that certain dates that I could'nt make?

 

It seems 'Restons' are playing silly buggers and the courts did'nt check A/Q before allowing the AJOURNMENT.

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I would follow up the phne call to the court mamager with a letter - always put everything in writing. Point out that they have chosen a date that you have already told thm youcan't make on your AQ.

 

 

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Hi there

Inaccurate and defective default notice.Not in accordance with CCA.

The default does not give you 14 days from date of service to remedy the default. In my case I was given 13 days.

Which means its unlawful. This is set out by the (enforcement, default and termination notices) Regulation 1983 (SI 1983/1561).

 

 

Hi Steven

 

permalink #83&84

 

The Reg.. bit, do I just write it as it is, or do I need the whole lot in paper form?

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moreover your default notice says

 

We refer to the above agreement which you have entered into with us. Clause 3 of that agreement provides that you must repay immediately the amount of any arrears on the account. You are in breach of that clause because you have failed to make such payment and are seriously in arrears.

 

however in fact clause 3 of the current terms and conditions

it is suggested refers to key information hence we have another reason why the default notice is invalid

 

 

Hi Vulture Bank

 

On permalink #86, What is the connection with the above quote? I am having difficulty in trying to understand this.

Default/T&C......Could you explain please? The old brain not functioning at this moment

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