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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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    • We have finally managed to obtain the transcript of this case.

      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Rory32 v Blair, Oliver & Scott


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Letter went off this morning. So I'll wait and see whether I get the "we have returned this matter to our client" letter.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Brilliant letter Rory --- I'm dealing with bank of scotland / blair oliver scott and I've not heard a thing since I cca'd them back in April!!!!!!

 

Will watch your thread with interest.

 

Good luck & best wishes.

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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By sheer coincidence I received my statements from Sainsbury's today. The usual bumf about we refer to your recent correspondence (that'll be two and a half months ago then).

 

However, it is only statements no info on manual intervention, so sorry chaps you still haven't complied.

 

No mention of the copy of the credit agreement. Funny that as the letters were in the same envelope :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Rory, will you send a letter to Sainsburys reagrding their non compliance, or just let them dig a slightly bigger hole for themselves? i ask this because there seems to be a split in opinion on DCA threads in general as to whether to correspond or not.

Thanks

Red

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Currently I'll just let themselves dig a bigger hole. I do believe in building a case against them on the off chance you later need to defend.

 

However, at some point you need closure one way or the other. It's just at the moment I have lots of accounts to deal with so Sainsbury's are not a top priority yet.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I stopped making payments as soon as they defaulted on the CCA request.

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thank you Rory, again, I am asking the questions, as I know a lot of people respect your input to the site in general, and you set a good example to follow!!

Sainsbury's "Try something new today"....like complying with a CCA request!;)

Red

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I have today received a letter from EOS informing me:

 

URGENT

 

The above debt has been passed to us by our client for collection.

 

PAYMENT IN FULL is required IMMEDIATELY

 

Failure to respond to this letter could result in:

 

The account being passed to you LOCAL SHERIFF'S COURT for action (oh goody, about time. Normally DCA's threaten people with CCJ's so I wonder if they even know what they would be seeking)

Arrangements being made for one of our FIELD COLLECTORS to call on you to recover the outstanding balance. It's a long walk from Warrington.

 

Please ring.......blah, blah, blah.

 

Another letter for the harassment file :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Rory, I like the way that DCAs chose to be careful with their wordings. In this letter (unless you pay it all immediately of course :rolleyes: ), they say

Failure to respond to this letter could result in: blah blah

They just don't help themselves do they? You could send them a spade to help with their digging...

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  • 4 weeks later...

Rory,

I was just wondering how things are with you regarding BOS?

 

the only reason I am asking, BOS's time ran out for us at the end of July 07 (12+30 days) following CCA request. so they now are commiting a summary criminal offence.

 

we have heard nothing from them, however today we have received a letter now under the name of

IQOR - the new name for Legal and Trade, staing that the debt is now with Capital Bank (originally taken out with AA under Bank of Scotland) and they have issued with our 'file' to recover the outstanding balance?

 

I havent a clue what to do from here now?

 

it was originally with J&J Collections who also time ran out for, then passed to BOS who also time has now ran out for, so now its passed to these guys?

 

Have BOS done this to you?

14/06/06 Data Protection Act Sent to SPML

28/06/06 - Info / statements received from SPML

2/8/06 Pre Lim to SPML for £324.72

16/8/06 LBA to SPML

28/9/06 filed MCOL

defence filing date extended to 22/12/06

28/12/06 copy of defence received from sch

16/01/07 AQ filed with court

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Eh, nothing really Red. Haven't heard anything from them.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Rory, planning to pinch your letter as OH has just had the court threat on one account, just one question, he has three accounts and although we have CCA'd BOS for tis them who have been collecting monies towards the alleged debt without supplying any statement of account and got back one card request form ,we haven't SAR'd them, should we and should we send it to BOS or Sainsbury's and would the fee be £10 or £30?

 

So many questions sorry, should really be having cheeky vimtos and sitting in sunshine rather than doing this!:)

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You could SAR them if you want but if they can't supply an enforceable agreement there's no point in trying to claim charges back. It's £10 per SAR, it doesn't matter how many accounts you hold. The SAR is for all the info that a company holds on you.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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