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    • Items for sale include five rare Ferraris and a pair of Air Jordan sneakers signed by Michael Jordan.View the full article
    • TECHZONE BUXTON LTD overview - Find and update company information - GOV.UK FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK TECHZONE BUXTON LTD - Free company information from Companies House including registered office address, filing history, accounts, annual... thread title updated. dx
    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
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Bankruptcy Order !!! *** WON, TWICE ***


42man
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well chances of them finding it are slim - they would definately have produced at the first hearing - not sure why the judge has done that, do the other side have to do anything before the hearing - could it be struck out?

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Like BB says, I don't know what to say either. Well, all the words I want to use are unprintable. :mad:

I know you can fight it though. And I hope once you've got through the next battle you start fighting for compensation as well!! xx

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Although on the face of it, it seems a huge blow, remember that the original petitioner has clearly circumvented procedures in the past and may not wish to show up for a second shot. Also they have not produced any valid agreements so although it is a pain in the bum for you, I wouldnt be so worried as you have the Wilson case to quote to state they have not proven any indebtedness.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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Hopefully there won't be the need for a second hearing - and if they don't turn up with the paperwork if there is then you could go for grounds of vexatious litigation...

 

Hopefully this Xmas will bring you all the joy and strength you and your family need.

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I know you might think this odd, but the judge is probably on your side and is trying to make certain that there can be no further comeback on you.

 

The Court has got two documents to consider, the banruptcy order AND the bankruptcy petition. Applications should be a 'double 'application to (1) rescind the bakruptcy order AND (2) annul the bankruptcy petition. If your application was just to resind the bakruptcy order, that is what the judge granted. I think he may have been able to also annul the petition but that may have allowed the creditor to appeal on the grounds that the judge had granted both rescission and annullment but only had one application. I accept it is unlikely that they would have made an appeal but as the creditor was represented, it would have been possible.

 

This way the judge makes sure the creditor has no grounds to appeal. If the creditor turns up at the hearing (they may not do so), and if they do not have ever piece of paper needed, their case will be thrown out. It could be a two minute hearing.

 

I'm certain you will check the petition and list any and all flaws and I am doubly certain you will win. Don't let this slight delay spoil your Christmas.

 

Best of luck and merry Christmas.

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Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Thank you all.....i'm far more confident now though in my defence with all the input i've had from all the wonderful people here and the 117 threads i've subscribed to to try to help others and to get help myself !!! And Doc....very interesting what you said....I really appreciate it.....as I said now i'm not going to get worried, I had already got to the point where I was prepared to accept whatever the judge said, BUT what I wasn't going to do was go down without fighting, i'm not that sort of person, and I owe to my family, they have got unenforceable debts !! I will keep you all updated if I hear anything else.....

 

Merry Christmas to you all !!!

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Hi 42man

 

I have just read through your thread and I can't believe what hell you must have been through over the last few months

 

I hope you have a fantastic christmas with your family and have a good case to win damages for the stress you have been through

 

I'll keep bobbing in to see how you're doing

 

take care xx

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Thank you all.....i'm far more confident now though in my defence with all the input i've had from all the wonderful people here and the 117 threads i've subscribed to to try to help others and to get help myself !!! And Doc....very interesting what you said....I really appreciate it.....as I said now i'm not going to get worried, I had already got to the point where I was prepared to accept whatever the judge said, BUT what I wasn't going to do was go down without fighting, i'm not that sort of person, and I owe to my family, they have got unenforceable debts !! I will keep you all updated if I hear anything else.....

 

Merry Christmas to you all !!!

 

Don't worry too much, you know the outcome of my hearing and the judge was on my side.

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Thank you all.....i'm far more confident now though in my defence with all the input i've had from all the wonderful people here and the 117 threads i've subscribed to to try to help others and to get help myself !!! And Doc....very interesting what you said....I really appreciate it.....as I said now i'm not going to get worried, I had already got to the point where I was prepared to accept whatever the judge said, BUT what I wasn't going to do was go down without fighting, i'm not that sort of person, and I owe to my family, they have got unenforceable debts !! I will keep you all updated if I hear anything else.....

 

Merry Christmas to you all !!!

 

Great news about the annulment, Bill. You are going to need to heavily emphasize the fact that you believe the debts are heavily loaded with unlawful charges so you should SAR without delay if you haven't done so already. Once the size of the debt is disputed you have a triable issue and full grounds for their petition to be struck out. Just saying that the debt is unenforceable could be risky as some judges don't like it and then you'll have an appeal nightmare to contend with. You should say that you are CCA'ing for the agreements to verify the ownership of the debts rather than trying to see if they are unenforceable. Let the judge work that bit out for himself!

"Why CCJ when you can CCA!"

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If they have no accounts then how can they prove a debt.

You are home and dry.

 

Definately SAR to establish when the last payment was made as this will confirm yes or no, if they are statute barred, thats assuming they can find any information going on what you have told us already.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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from the SAR I got back from 1st C (although it read like a chinese road map and to the ordinary person on the street it meant very little)....it says the last payment I made was April 2002.....BUT I had been paying them back a sum of £10 a month...on one of their alleged debts (which they are way over the 44 days on)

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  • 1 month later...

Seems it isn't over....just had a call from the OR saying that the bankruptcy petition is to be relisted for hearing (seems the courts have made a few cock ups on the paperwork !!) !!!! so the fight continues....now I have confirmation that my accounts cannot be traced, do you think it might be wise to ring the opposing solicitors and get them to drop the case ?

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Though it is lovely to hear from you again, it is sad it is on this thread.

 

What has the OR said regarding the missing accounts?

 

I think it would be worth phoning the opps solicitor because the Judge is not going to be best pleased to have his time wasted.

 

Hug again and hope some other more bankrupty literate bods can give you some solida advice.

 

SFx

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sorry to answer your question SF.....The Asstnt Official Receiver I spoke to was quite shocked that I had received the confirmation that I had received confirmation from the alleged original creditors that they couldn't trace the accounts...but didn't make a comment...

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sorry to answer your question SF.....The Asstnt Official Receiver I spoke to was quite shocked that I had received the confirmation that I had received confirmation from the alleged original creditors that they couldn't trace the accounts...but didn't make a comment...

 

 

He has to remain 'neutral' at this stage. It's really for the judge to comment but if the AOR was shocked, I think it is likely that means he is appalled that a creditor is continuing knowing he doesn't have the documentatin.

 

In this case, it might be worth writing to the solicitors and enclose a copy of the confirmation that their clients don't have the documentation to prove their case if you insist. Suggest a compromise - they withdraw the petition, pay the OR's costs and pay you a nominal amount of say £1,000 towards your own costs! You can then at least say to the judge you have tried to resolve the matter before it went to court.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Thanks Doc....an intelligent opinion as usual.....I think it may be pertinant to mention the 'abuse of process' on the annullment too.....as I was planning to get them to take off any of their adverse records on my credit files too....

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Hi 42man :)

 

I've just read all through your thread and feel so angry on your behalf that you've been treated this way.

 

I can't offer you any legal help I'm afraid but my thoughts are with you and I'm sure it will work out for you.

 

Good luck.

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Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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Seems it isn't over....just had a call from the OR saying that the bankruptcy petition is to be relisted for hearing (seems the courts have made a few cock ups on the paperwork !!) !!!! so the fight continues....now I have confirmation that my accounts cannot be traced, do you think it might be wise to ring the opposing solicitors and get them to drop the case ?

 

Absolutely, the grounds for your defence remain the same unless they can come up with something that complies with the CCA 1974. This is vexatious litigation at it's worse and you want to make the other side aware that you will make this clear to the Judge in your defence.

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