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bradfordlad

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Everything posted by bradfordlad

  1. Yeah thanks guys - I'm just going to ignore them now. Can't be ar$ed digging around in the loft! Can I still send them a notice not to send people to our door? I know we did 10 years ago but not sure if that's still a "thing"!
  2. I'll take a look in the loft - bear in mind it's 10-12 years ago, and we've had an extension built up there recently so hopefully I can find the folders they're in!
  3. Hi Dx, no this is the Virgin card (issued by MBNA) that I made an arrangement on. The MBNA account with no CCA was an "actual" MBNA card.
  4. Hi all, Many moons ago (2012) I had a Virgin credit card (issued by MBNA) that defaulted. They did provide a valid CCA so I was advised by the good folks on CAG to make small payments to keep them quiet - I set up a standing order to pay them £5 a month, and it's been that way ever since. The debt has been sold on a million times, but £5 is nothing so I've paid no attention to it. I received a letter from Capquest (who must be the current owners of the debt) back in March asking me to contact them to discuss a suitable repayment option, and the account will now be managed by Resolvecall. Now £5 a month IS a suitable repayment option I ignored their letter. A few days/weeks later, I received a letter from Resolvecall, acting for Capquest wanting me to contact them and threatening a home visit if I ignored their letter. Obviously I DID ignore their letter, and last week a lady knocked on the door (unanswered) and put a card through asking me to contact Resolvecall. Interestingly, their letter said if I didn't reply within 7 days from the date of the letter, and...you guessed it, there was no date on the letter! Out of curiosity, I logged in to Resolvecall's account, and it shows my two most recent £5 payments, so they ARE receiving my money but clearly want more - which they're not getting. Now - do I play silly b*ggers with them, and ask them to provide the true copy of the CCA to see if they can come up with the goods? Do I just ignore them and carry on paying my £5? Do I stop paying altogether? I know the case isn't SB as I've been paying regularly, but not sure how to play going forward? Any suggestions gang? Thanks you!
  5. Thanks HB. yesterday I received a letter from the solicitors DCB Legal. Am I correct in thinking they are fishing to get contact details to pressure me for a payment? The letter seems to be intentionally blurry. They note I have not provided contact email or phone - Why would I? Then it goes straight into CPR 1.1 - totally unconnected? I was initially tempted to send a snotty letter part 2, but as the case is still open at court I decided to seek wiser counsel here! So gang - what do you think? Thanks! DCB without pred Letter.pdf
  6. Hi all, just posting to note that I have heard nothing since the last update in October. Too much to expect the case to be closed? MCOL hasn't changed since I added post #91, so all quiet on the western front!
  7. Thanks dx - not so much panic, as "mildly concerned"! I have read other threads, but I guess it was the fact I'd missed it that was an issue. Anyway - I've told them no more emails, and will wait to see what the postie brings in due course Cheers
  8. Hi Just thought I'd give you a link to my case with PCN/DCBL as I'm a little bit ahead of you in the process (but not much!), so thought it could help you?
  9. MCOL claim history copy & pasted as requested - thanks DX.... Your acknowledgment of service was received on 14/08/2023 at 16:05:07 Your defence was submitted on 07/09/2023 at 16:38:26 Your defence was received on 08/09/2023 at 08:05:23 When I click on the "Recent Transactions" button within Claim History, I get this: Recent Transactions for Defendant Claim Status A claim was issued against you on 09/08/2023 Your acknowledgment of service was submitted on 14/08/2023 at 13:01:50 Your acknowledgment of service was received on 14/08/2023 at 16:05:07 Your defence was submitted on 07/09/2023 at 16:38:26 Your defence was received on 08/09/2023 at 08:05:23
  10. Ok guys, bigger update... Yes, I had to send an email when i sent the snotty letter, as it needed to go by a set date and i was away at the time (as per post 42). Annoyed about it, but we move on... I've just seen an email from them of 6th october, with an N180 DIRECTIONS form attached. Bugger, missed that should i upload it here? Thanks for the suggested email response LFI, will send that once I've been pointed in the right direction Re the N180. sending a 'no more emails' to them today though. Thanks all
  11. Morning all, Received this by email yesterday from the solicitors: Re: Our Client: Uk Parking Control Limited Claim Number: xxxxxxxx WITHOUT PREJUDICE SAVE AS TO COSTS We write to you in relation to the above matter. To assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. I can confirm our Client would be agreeable to £220.00 in full and final settlement of this Claim. The current outstanding balance is £285.36. Should you be agreeable to this offer, please confirm the same within 7 days. Payment can be made via our website www.dcblegal.co.uk, by calling our office on 0203 838 7038 or via bank transfer:  DCB Legal Ltd Client Account   Sort Code: 20-24-09   Account no: 60964441    When making payment please ensure you include the following reference number, xxxxxxxxxx, to enable us to allocate it to the correct case. Upon receipt of the settlement sum of £220.00 we will update the Court that the matter has been settled. If you are not agreeable, we will continue to follow the Court process as normal.  Kind Regards, Xxx What do you think? Should I reply saying, "No thanks, happy to go to court?" or should I ignore it? Thanks as always BL
  12. Just thought I'd drop by with a very little update - defence was filed as above, and MCOL system shows as received the following day so all good there. I received a letter from the Court Service saying, "we've got your defence, so now it's in the hands of the Claimant." And here we are - almost a month later, and not a peep from anyone. What happens next? Do I literally do nothing until I hear from the court? And how do I know if the claim is proceeding or has been stayed? Bit confused by the dates as you can probably tell! Cheers
  13. Thanks DX, standard defence with just my car reg. Will submit later next week just before deadline. Cheers
  14. Ah ok - so removing the bits is red keeps it vague at this stage, then I hit them with the facts on the Witness Statement?
  15. Me as the registered keeper. Definitely not admitted anything on that score 8th September I think! Does the AOS extend the deadline date?
  16. This is my draft defence so far... The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. It is admitted that the Defendant is the recorded keeper of CAR REG NUMBER HERE. The Claimant is not in a position to state if the Defendant was the driver at the time. 2. 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. 3. It is denied that the Defendant entered into a contract with the Claimant. Further, it is denied that the Claimants signage is capable of creating a legally binding contract. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the recovery claimed or any recovery at all.
  17. Sorry @Nicky Boy That's not my defence! I'm just trying to get my head around a few things, so I can put the defence together in a meaningful way. Or am I confusing that with the Witness Statement?!
  18. Afternoon all, Just been reading a few threads to get my knowledge up to speed. Defence has to be filed by 8th Sept. Under the CPR request, I asked for: 1. The contract between UK Parking Control Limited and the landowner that assigns the right to enter into contracts with the public and make claims in their own name. 2. Proof of planning permission granted for signage etc under the Town and Country Planning Act 2007 3. Copies of the notice to driver, notice to keeper and any other correspondence from UK Parking Control Limited & DCB Legal Ltd to the defendant that they intend to rely upon in court. Their response as above was: 1. "You can't have the contract" - NO CONTRACT PROVIDED 2. "No planning permission is needed" with some completely irrelevant reason! 3. Copies of the NTK and photos taken of the reg plate. SO.....to my defence... I have the standard template, but would just like a bit of guidance on the individual points please. 1. Regarding the PCN not being POFA Compliant - I'm not clear why it isn't compliant. I get the quote in @lookinforinfo post #64 above, in that the contract is between the landowner and the driver, but what is missing from their PCN that allows them to chase the Keeper? Sorry if I've missed it - I have read SO many threads recently my head is getting a bit fried! 2. Their claim that planning permission isn't needed for signage. I think we all know this means it doesn't exist, but as with any claim, guesswork means nothing in court. At what point do I put them to proof that planning has been granted? 3. They won't provide the contract between UKPC and the landowner, so how do we get them to prove that this contract gives UKPC authority to issue PCN's? Or do we even do that? I think I'm getting to the stage where I can't see the wood for the trees - any advice appreciated guys, thank you.
  19. I thought it odd too FTMDave. Surely plan ING permission has nothing to do with whether there is a landowner agreement? Also, how does their 'deadline' of 28th August work, considering I have already acknowledged their claim and confirmed I intend to defend all?? Anything I need to do for now (other than more reading!) Thanks
  20. Ok Reply to CPR letter received by email from solicitors as follows. Thoughts please gang Dear BRADFORDLAD, We write in response to your recent correspondence dated 14th August 2023. For clarity, the Landowner agreement is a contract between the Landowner and our Client which permits our Client to operate the parking scheme on the land on behalf of the Landowner. Thus, our Client is authorised to issue Parking Charge Notices to any motorists that have breached the terms and conditions of parking. Planning permission is therefore not required for the signage on site. In relation to your request for a copy of the Landowner agreement, this bares no relevance on the contract between yourself and our Client. Furthermore, you are a third party, hence privity of contract applies, and a copy will not be provided at this stage. We respectfully draw your attention to our previous correspondence dated 4th July 2023 which includes the copies of the Notices to Keeper as requested. You have until 28th August to pay the outstanding balance of £262.40.   Failure to do so will result in a County Court Judgment (CCJ) being issued against you in default without further notice. This can be done via bank transfer to our designated client account: - • Account Name: DCB Legal Ltd Client Account • Sort Code: 20-24-09 • Account Number: 60964441 You must quote the correct case reference xxxxxxxxxxxx when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred. Alternatively, you can contact DCB Legal Ltd on 0203 434 0437 to make payment over the telephone or online at https://dcblegal.co.uk/response/pay-online/    Kind Regards, XXXXXXX DCB Legal Ltd Tel: 0203 434 0433 | DX 23457 Runcorn
  21. Thanks DX, yes I've done the MCOL as "defend all", so just got the CPR request to send off. Just been down to the carpark and I THINK I can see which camera is likely to have been used, and that particular carpark is one way in/out, so I won't pursue the "I was only passing through" avenue of defence! Will send it with just the 3 points as per post #57. Many thanks BL
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