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    • Thanks DX. I just wrote there.
    • Now i'm no expert so i'd rather @Andyorch check that over please 1st    Dx
    • In 2017 I unfortunately made use of the parking facilities at Urban Exchange M4 Manchester and despite spending money in their shops   I overstayed my welcome by 17 minutes and now they want more money for the privilege.   The car park there at Urban Exchange is managed by Highview Parking Limited. They state that 1 hour is free and up to 2 hours must be authorised by the shops themselfs.   Their ANPR says I was in the car park for 1 hour and 17 minutes. There are a few posts online about how difficult it is to get the shops to authorise the parking and it really isn't clear at all how the system works. Now a few years have passed and I no longer own the vehicle and I no longer live at the registered keepers address. In december 2021 they entered a CCJ against me and won by default, I did not receive any paperwork as I was no longer at the address they had on file.   I noticed the CCJ appear on my credit file some months later. Particulars of Claim: 1. THE DEFENDANT(D) IS INDEBTED TO THE CLAIMANT © FOR A PARKING CHARGE(S) ISSUED TO VEHICLE HD57BWF AT URBAN EXCHANGE M4   2. THE PCN DETAILS ARE 05/08/2017, XXXXXXXXXXXXX   3.THE PCN(S) WAS ISSUED ON PRIVATE LAND OWNED OR MANAGED BY C. THE VEHICLE WAS PARKED IN BREACH OF THE TERMS ON CS SIGNS (THE CONTRACT), THUS INCURRING THE PCN(S).   4. THE DRIVER AGREED TO PAY WITHIN 28 DAYS BUT DID NOT. D IS LIABLE AS THE DRIVER OR KEEPER.   5.DESPITE REQUESTS, THE PCN(S) IS OUTSTANDING.   6.THE CONTRACT ENTITLES C TO DAMAGES.   AND THE CLAIMANT CLAIMS 1. £165 BEING THE TOTAL OF THE PCN(S) AND DAMAGES.   2. INTEREST AT A RATE OF 8% PER ANNUM PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 FROM THE DATE HEREOF AT A DAILY RATEOF £0.02 UNTIL JUDGMENT OR SOONER PAYMENT.   3.COSTS AND COURT FEES 1st of April 2022 - I submitted an N244 as soon as I was aware of the CCJ on the stating: Set Judgment Aside - I do not live at the service address and have received no claim forms from the court.   I received no pre court documents from the claimant and I do not know who the claimant is.   The first I heard about this is finding the judgement on my credit file.   Further to this I have been in hospital with a serious illness for some months and this combination of an incorrect address and illness has made it impossible for me to reply in time.   I deny that any money is owed to the claimant and will defend the case against my name.   To enter a full defence I need to gather further information. Once the claimants details have been provided to me I will contact them directly to resolve this matter hopefully without wasting any further time of the courts. I have received confirmation from the court that the hearing is to be heard on the 31st of May 2022 I have received a witness statement from DCBL Ltd on behalf of Highview Parking Ltd that I will attach here. https://drive.google.com/file/d/1SsfWc1vdHfN7ihPi-22WxcZEfvLsoF0h/view I am wondering how to proceed now and would be grateful for any help or advice you can offer.
    • Hi Skint, firstly and most importantly, relax friend, there's no rush here. Before you think I don't understand or it's easy for me to say - I've much much more debt than you and almost 1.5 years since I flat out stopped paying a penny across 8ish accounts, to 5+ different lenders. Nothing bad happens, nor will it to you!   No one here will judge you, it's not immoral to be in debt!   Forget DRO's and Bankruptcy - you will NOT need it. That was before and when you were less informed and likely not on CAG   Make a large cup of your favorite drink, sit back and spend the evening having a read through the debt  self help forum threads, as dx suggests, you will soon see what your options are, return here with questions and we will absolutely help you.   Once you have a better understanding of your options you will be able to make the best informed decisions and we will help you with those.   dx's advice in post #2 is absolutely, 100% THE advice to follow right now, consider it while reading other threads.   Stopping paying your loans will not affect your credit cards for many many months, likely until such time you stop paying those as well..   BT        
    • Thank you! So sorry for being so dense 🤦‍♂️ Sorted: Addressing points 21,22 and 23 the claimant contends its unfair to allow a set aside 16 months after a default judgement, yet failed to issue a default notice and to adhere to the rules of the consumer credit act 1974 section 87/88. 👍  
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Abbey/Cahoot failed to comply with directions


Harvey32
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I've just spoken to Oxford County Court and advised them that I hadn't received Cahoot's defence by the deadline of 4pm yesterday. The clerk said that they hadn't rec'd a defence either.

 

She said that as the directions states that: IF THE DEFENDANT FAILS TO COMPLY WITH THIS ORDER, THE DEFENCE IS STRUCK OUT WITHOUT FURTHER ORDER AND THE CLAIMANT MAY REQUEST JUDGEMENT IN DEFAULT.

 

Is it best to do this now? Please can someone help as I feel like I'm close now and don't want to screw up!!

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As your directions clearly state that the Defendant's defence will be struck out if they do not comply with the order, I would get your request for judgement in asap. In many cases, including mine, courts advise that they will deal with whichever they receive first. ie. if they receive your request for judgement before abbey's defence, your judgement will be granted and vice versa. It's definitely worth a try in my opinion - Good luck and let us know how you get on :)

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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Good luck Harvey, in alot of cases Abbey are applying for the stay and think that that is it, that they dont have to do anymore, but they still have to comply with directions, my advice would be to getyour judgement asap and then persue for the money, there is an argument against a set aside or a stay on this site should they try to go for it :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Thanks Lula. I don't think Abbey have bothered to apply for a stay either! Maybe they intend on turning up on the day and doing this. I should have a judgement by then so will ask for the money before hand like you suggest. I'll update here as soon as I know some more, cheers!

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Abbey are not complying with directions. My sister appeared at Bromley County court on the 24th, she complained to the judge about all the work that had gone into her bundle and basically he said that they did not comply because they knew long before the announcement about the OFT Test Case and they just know they get away with it and added to that they didn't even have to pay for the cost of the Stay.

 

Abbey are sending along representatives to apply for the stay on the actual day. They will try to keep you from the court room altogether but remember they have to get the stay, most judges are granting it I think, a few are not. In my sisters case he applied the stay, because he said they would appeal, whether they would have or not I don't know.

 

The court will not do anything. If you apply for Judgement they will probably just get it set aside until after the Test Case.

 

A friend of mine filed for Judgement through Moneyclaim and guess what the Halifax applied for it to be set aside, they had never answered any letters or court papers, they might pay up a bit at the last minute but apply to have the rest set aside. Hers has now been placed on Stay until February, even though they missed ALL the deadlines and did not comply in any way, shape or form.

 

One rule for us and a different one for them. I am afraid that all this Test Case business is all in favour of the banks.

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Abbey failed to get their paperwork in for my case as well but the Judge stayed the case- on his own initiative (i.e. Abbey had not asked him too) before I could do anything else.

 

I am going to phone the Court Monday and see what I can since Abbey where in the wrong before the stay went in.

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I had a letter written but before I could send it I got the letter from the Judge with the stay on.

 

I called them today and the Court Office said it was 'probably not worth me asking for the stay to be lifted as the Judge had appiled it himself' - tempted to anyway.

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  • 3 weeks later...

Just had case against Abbey stayed even though the presiding judge was the one who gave certain directions in July, none of which were followed by Abbey

 

 

The Abbey rep had no knowledge of the same Judge's previous directions. When we tried to outline the grounds under which we objected to the stay including that other courts are refusing stays and that Abbey had ignored all previous directions such as filing a reply to our skeleton argument. The J disagreed and informed us that charges on the account go back to 2000 and weve only started proceedings in 2007!!!!! so money/hardship is not the issue. And thats after trying to explain tht Abbey filed a defence, ignored court directions etc etc etc.

Still going to object in writing as soon as receive J's further directions in about 10-14 days. aaaaaaaaaagggggghhhhhhh!!!!!!

The smug look on Abbey rep's face was quite a contrast to the terrified look when he realised that Abbey had failed to file reply. Even the visit to the toillet immediately after did not cheer him up. So talk about the J handing it to Abbey on a plate. So much for fairness and justice. The fight goes on.

Any similar experiences? Any suggestions?

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