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skylined_gtr

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  1. Thanks very much for everyones help... I wrote back appealing to their human side and was let off the ticket Goes to show that sometimes the best defence is a polite letter explaining the circumstances! Thanks again for the help.
  2. Ok I guess I'll just pay up and learn from the mistake in that case I'm emmigrating to Canada permanently and am so pleased to be getting away from double-edged sword situations like this (I have the money but not in an acceptable format to the machines provided). Seeing what they have over there and what we have to put up with here has made me realise a lot. Thanks very much for your help though everyone
  3. Ok so none of the above is applicable as far as the wording on the ticket goes? Thanks for the advice.
  4. Hi All Been reading the forums for a couple of days trying to find out what an Excess Charge Notice is? Is it the same as a PCN and therefore goverened by the same rules? I was issued the ticket, on my windscreen by Huntingdonshire District Council (at least that's the emblem at the top of the ticket)... I had failed to pay and display as the machines offer no change and so to save 40p I stupidly I went to the shop across the road to get change, 3 minutes later I have a ticket. In any case, do I have any grounds? I read somewhere on the forum that the PCN: 1. Must show at the top of the ticket, the words "Date Of Issue", simply date or date of offence is not acceptable 2. Must not refer to an "offence", the correct term is "contravention" Either of these points render the PCN unenforceable according to Section 66(3) of the RTA1991. Both 1 and 2 are not the case with my ticket, this is what mine says: Huntingdonshire District Council EXCESS CHARGE NOTICE (OFF STREET PARKING PLACES) ORDER 2008 Serial No: is hereby served on 31/10/2009 to the driver of vehicle registration: Make: Toyota by Street Ranger 5 Who had reason to believe that the following had occured and that a excess charge is now payable: Vehicle left with no valid pay and display ticket displayed Code: 01 Date of offence: 31/10/2009 Time of offence: 11:09 Location: A charge of £50 is due This £50 charge must be paid not later than the last day of the period of 28 days beginning with the date on which this notice was served (this means payment must be received on or before 28/11/2009) £35 if paid promptly This reduced amount of £35 must be paid not later than the last day of the period of 14 days beginning with the date on which this notice was served (This means payment must be received on or before 14/11/2009) IT IS AN OFFENCE UNDER SECTION 35(A) OF THE ROAD TRAFFIC REGULATIONS ACT 1984 FOR THE DRIVER OF A VEHICLE WHO HAS LEFT THE VEHICLE IN A PARKING PLACE TO FAIL TO PAY THE EXCESS CHARGE Any Ideas? Thanks very much.
  5. Tell me about it GeorgeUK! I have no idea what this is but the Police seemed to think it was leaning more towards ID fraud as I was not getting any of the statements, account opening details, etc etc. They seem to think they way that mail has suddenly started filtering through means that the fraudster may have had a PO box that the post was being sent to. Yes I have emmigrated but I am back for a short period of time (until January) which is why I was hoping to get this resolved as soon as poss! It worries me that they haven't sent me any credit agreeements, all I have from them is the terms of the credit agreement, no signed agreement was included in the information they sent back.
  6. Thanks very much to both of you - so I need to ask for the CCJ to be set aside and not the CO? Oh I see now, the CO is as a result of the CCJ so I go for the CCJ. I contacted the police, you won't believe the response (or maybe you will!). They told me that I am not the victim of the crime, have you ever heard anything so absurd??!!! According to them it's the financial institution that's the looser and so unless they report it there has been no crime commited in the eyes of the law How stupid.
  7. Does anyone have any idea what to do in this case and how to deal with this being that I am a victim of ID fraud? If it's the same as setting aside I am happy to do that just need to know which path to take (not sure if being the victim of ID fraud means I should be asking to have the charging order thrown out completely - is that the same as setting aside? Thanks very much
  8. Hi All! I could really do with some help... I discovered I was the victim of either ID fraud or mistaken ID. I personally think it was the former, ID fraud because there was a deliberate attempt to ensure none of the correspondance for any of the accounts got to me. It was only by pure luck that some of the debt collection letters started to get through to me that I found out! The full details of what happened are in the thread below (just in case anyone wants to know what happened).. Urgent help needed please - MoneySavingExpert.com Forums Since then, I have sent SAR's to all the companies claiming I owe them money. I want to find out how the account was opened, what ID was used to open it, who signed for it, etc. They have all responded but I have got a variety of different responses! In any case the one this particular CCJ/CO is relating to was a Barclaycard debt. They sent me a printout of all the information they had on their systems but no signed credit agreement was provided. I did mention, very clearly to all the companies that I believed I was the victim of ID fraud, this seems to have been ignored by them all. Ok back to the problem -During the time of my ignorance towards this issue, my morgaged property was issued with a charging order for the sum of £1892 due to a Barclaycard debt (which I'll remind you has nothing to do with me!). I am now trying to complete a form N244 to overturn the court order... can someone help me through as I am not sure if I have to input different details due to the unique nature of the problem (I.e it's not me disputing the amount as such - I am plain saying I have nothing to do with the debt!) Here's what the form contains: What Order are you asking the court to make and why? So I'm thinking that I should be asking for the charging order to be overturned? But I'm not sure how I should word that. How do you want to have this hearing dealt with? Well I can only see 2 boxes that I can tick here as I have now emigrated to Canada! So should I ask for a telephone hearing or for it to be dealt with without a hearing? My preference is without but I'd welcome advice! What level of judge does your hearing need? No sure on this one.... Who should be served with this application? I'm guessing the claimants solicitor should be served or do I have to serve the claimant too? What information will you be relying on, in support of your application? Attached witness statement, Statement of case or evidence set out in the box below? One thing I did do was a Subject Access Request (SAR) from Barclaycard, they could not provide me with a signed copy of my credit agreement (I believe that's what the SAR is supposed to provide, right?) They sent lots of details of the account to me which shows an address in Manchester which is nothing to do with me! Any ideas on what sort of thing should go here? I really, really appreciate your help in advance and am happy to answer any questions you need answers to
  9. Oh wow, so so much information from everyone! Thanks so much. I popped on here to let everyone know I am still updating this thread and it's not something that's going to die off easliy. Will be back on Monday to update and respond. Have a lovely weekend all of you in the mean time as I need to get some fresh air to clear my head a little from all this!
  10. Thanks for the advice to both of you. Yes I was so shocked when I called the Police and they told me I wasn't the victim of the crime! I asked if I could at least report it to show I have tried to do something about it and they said they couldn't as it was a civil matter. I did take the badge number and officers name though so I will include that in any correspondence with the courts. Mean time I am sending the Subject Access Requests in today so hopefully I will be able to see who signed for these and what ID they used, etc. Any other advice would be appreciated as I only have 14 days in which to defend the claim! I have already used the initial 14 days as I only just opened the letter. I have sent in my Acknowledgement of Service which has given me the 14 day extension - still not a lot of time to get everything I need though So any other advice is appreciated.
  11. Hi thanks for the reply, yes I contacted the police straight away, they said as I was not the victim of the crime (the financial institution is as they are the ones forced to loose the money) they cannot file a report for me. At present they view this as a civil matter would you believe?! The amount of matters that are now deemed 'civil' makes me wonder what exactly is a crime!!!
  12. Hi to all I hope you can help I am going out of my mind with worry about this one. I believe I have been the victim of Identity Fraud (if such a thing actually exists?!). I have lived at the same address for about 11 years now, renting up to about 2 and a half years ago when my mum and I decided to buy the house on a joint mortgage. Unfortunately we fell out, I moved out to live with my girlfriend but I continued to pay the mortgage and so didn't move any of my accounts. I would collect my post every now and again from my mums house (locked postbox outside) and as I have a very severe problem with junk mail, I return to sender everything except for the bank statements, credit card statements and mortgage letters. About 5 days ago I got in touch with my mum after resolving our conflict. She told me that in February 2009 a charging order had been placed on the house for the sum of £1800 due to an unpaid, unsecured debt in my name. Alarm bells start ringing as I have one credit card, one bank account and a mortgage and all are maintained perfectly. She told me there was another letter from Northampton County Court so I opened it. Found another claim form in there stating I owed £10,000!!!!!! I contacted the National Debt Advice line who advised me to contact Cabot Financial (the pursuers of the latter claim) and explain the situation to them (that I hadn't lived there for the past few years etc). Cabot were quite good about it in that they recommended I acknowledge the court paperwork and then build my defence. I am writing a letter to them tonight asking them for a legible CCA showing my signature and the statement of accounts. I have ordered my credit report and am alarmed at the amount of associated addresses and names (13 in total!) and unknown accounts. One of the credit accounts dates back to 2002! So far I have prepared Subject Access Request letters for each of the alleged creditors and will send them off today. Help!!! What do I do now? I have a CCJ on my house that's nothing to do with me and another on the way. Anyone had this before or know how to deal with this? I am happy to post any information to support so please let me know if I have missed anything. Sincerely appreciate any assistance. PS I have posted this on another forum and was advised to also post on here!
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