jcbkabs
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Massive JD williams debt... Advice please
jcbkabs replied to messedaround's topic in Mail order catalogues
I have and it's worked well with satsuma? -
Massive JD williams debt... Advice please
jcbkabs replied to messedaround's topic in Mail order catalogues
But also do it via email (a throw away account so you don't keep getting crap of the easier to keep track of and cheaper for you) also this will make Lowell have to put their account actions on hold for at least 8 week if oc do come back to you take it to next step also make sure you also say you want it removed from your file -
Massive JD williams debt... Advice please
jcbkabs replied to messedaround's topic in Mail order catalogues
If you had payday loans that have been paid off as long as they have not been to court you may beable to do irresponsible lending to them also -
Massive JD williams debt... Advice please
jcbkabs replied to messedaround's topic in Mail order catalogues
Hi have a look to see if they have been irresponsible in lending to you i.e. Using your limo it with out you requesting not doing proper credit checks it's worth looking at as you could claim all the intros back -
wife has run up over £25k of unsecured debt!
jcbkabs replied to jcbkabs's topic in General Debt Issues
I'm learning a lot about irresponsible lending over £40000 of catalogs, credit cards, overdraft, pay day loans and loans in less than 4 months if they had done proper checks he problem should have been picked up -
wife has run up over £25k of unsecured debt!
jcbkabs replied to jcbkabs's topic in General Debt Issues
Thanks I've referred one to the FOS spoken to her case worker and he's not happy with the credit card company they have responded to him but he wasn't happy with their response. if i pull this on off this card will wipe over 30% of all her debt. I'm crossing my fingers -
wife has run up over £25k of unsecured debt!
jcbkabs replied to jcbkabs's topic in General Debt Issues
Sorry for a delay I've been busy but have some good news We've have had one of the payday loans written off with a refund of the interest from satsuma they have also agreed to delete all their entries from wife credit file. I have written to all creditors claiming irresponsible lending they have all acknowledge receipt of this. if i don't get any joy the i intend taking it all the way as having looked at the wife credit files there is no record of them doing credit searches and upping limits with out her requesting so. i showed what i had to a friend who works for a credit company he told me what i should write 1 down 10 to go. -
have you had a response to your information request i haven't yet? posted 13/03/17
- 99 replies
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- 2011
- county court
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(and 2 more)
Tagged with:
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who was the keeper at the time. I was How come the wrong address has been used, i don't know have you moved or was it incorrectly addressed to somewhere you have never lived? No still at same address If you want a decent quality response to your problems you have to be more forthcoming with the facts surrounding the event. Well I've told you what i know wasn't driving the car at the time and as its registered to me but was owned by my company and used as a pool car the company has been dissolved in january 2017 after there was a fire in our yard and we lost everything I don't have the log to show who was driving. I've already written to excel telling them that i wasn't the driver had no response then i have letters off bw legal which i ignored as i have nothing to answer. no they have issued a court claim i will attend court and defended it all the way have sent cpr request and filed a simple defence. when i attend court i will be looking for my loss of a days wages but my business partner for my new business wants to claim for the income loss to our business which is more than 3 times their claim We cant guess and dont want to give advice that turns out to be wrong.
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will this be ok as a defence as i was registered keeper but not the owner or driver of the car in question? 1. It is admitted that Defendant is the registered keeper of [motor vehicle]. 2. It is admitted that the Defendant wasn't the driver or owner of the [motor vehicle] [carpark] at the times mentioned in the Particulars OR the Defendant is unable to admit or deny the precise times it was parked in [carpark] as he has no recollection of this. The Claimant is put to proof of the same. 3. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 [set out the specific ways in which the requirements of the paragraphs mentioned above have not been met]. Only include this paragraph if you have checked to POFA and can refer to the specific paragraphs which have not been complied with. Otherwise delete. 4. It is denied that the Claimant entered into a contract with the Defendant. 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 carpark 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. The proper Claimant is the landowner. 5. If there was a contract, it is denied that the penalty charge is incorporated into the contract. As per Thornton v Shoe Lane Parking [1971] 2 QB 163, the relevant term must be made known before a contract was formed. Here, the charge was not incorporated into the contract because [explain]. Only include if you have a good reason for saying that the signage was unclear, or that the signage could only be viewed after parking your car. If the signage was clear then delete this paragraph. 6. Alternatively, even if there was a contract, the provision requiring payment of [amount] is an unenforceable penalty clause. Following Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] AC 847, clauses designed to punish a party for breach of contract may only be upheld if they represent a genuine pre-estimate of loss. The provision is a penalty and not a genuine pre-estimate of loss for the following reasons: (a) as the Claimant is not the landowner and suffers no loss whatsoever as a result of a parking overstay; (b) the amount claimed is evidently disproportionate to any loss suffered by the Claimant; © the penalty bears no relation to the circumstances because it remains the same no matter whether a motorist overstays by ten seconds or ten years; and (d) the clause is specifically expressed to be a penalty on the Claimant's signs. 7. Further and alternatively, the provision requiring payment of [amount] is unenforceable as an unfair term contrary to Regulation 5 of The Unfair Terms in Consumer Contracts Regulations 1999. This is a term which falls within Schedule 1, paragraph (e) of the Regulations being a term "requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation". The term was not individually negotiated and causes a significant imbalance in the parties' respective rights and obligations, because the charge is heavily disproportionate in respect of a short overstay and is imposed even where consumers are legitimately using the carpark for its designated purpose. 8. Save as expressly mentioned above, 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."
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Name of the Claimant ? EXCEL PARKING Date of issue – 09/03/17 What is the claim for – 1.the claimant's claim is for the sum of £90.00 being the monies due from the defendant to the claimant in respect of a parking charge notice (PCN) issued 10:57:08 at EBBW VALE The Way ANPR Eps differential charge scheme. PCN relates to under registration 2.The terms of the PCNB allowed the defendant 28 days from the issue date to pay the PCN. but the defendant failed to do so. despite demand having been made. the defendant has failed to settle their outstanding liability. 3.the claim also includes statutory interest pursuant to section 69 of the county courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 02/12/2011 to 08/03/2017 being an amount of £38.48 The claimant also claims £54.00 contractual costs pursuant to PCN terms and conditions What is the value of the claim? total amount £257.48 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim ? EXCEL Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A .
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Hi All I've had a Claim form from Northampton court today for a parking ticket from December 2011 BW Legal for EXECEL PARKING SERVICES LTD i have sent a letter previously stating that i wasn't driving at the time i'm the registered keeper but not the driver. also all the records as to who was driving have been lost due to fire damage what do i submit as a defence and i want to counter claim expenses for having to take a day off work as im self employed
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wife has run up over £25k of unsecured debt!
jcbkabs replied to jcbkabs's topic in General Debt Issues
Would they then be statue barred by then? -
wife has run up over £25k of unsecured debt!
jcbkabs replied to jcbkabs's topic in General Debt Issues
ace have sent a notice of sums in arrears letter and had a letter off DCS (Debt Collection & Security) but haven had a response for the CCA Request which was sent first week Jan 2017. What should i do?
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