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Copy and paste this post to your OWN THREAD: Answer the following questions using the details from the court claimform: name the issuing court: Who Is The Claimant: Who Are the Solicitors: What type of action? (Simple/Ordinary): What is the claim for – [type out ALL the text [minus pers details] [D1 BOX SPR FORM] or if Ordinary Cause look for the words which FOLLOWS [substantial connection with Scotland] NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT. type out ALL the text [minus pers details] [D4 BOX SPR FORM] or [Condescendence from Writ] NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT. date of raised claim [or court stamp date from writ or date from ] :- Last Date Of Service [look on form 07]:- Last Date For Response [look on form 07]:- What Documents are listed in Box E2:[or in your form requesting the same?] Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- BOX D4 what has the claimant stated: IN FULL Date of Agreement: – Reference Number: – is this the original creditors account number? (y/n) how many digits does it have? Unpaid balance: - BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] ….. from your knowledge: answer the following: When did you enter into the original agreement before or after 2007? 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.:- Were you aware the account had been assigned – did you receive a Notice of Assignment? Did you receive a Default Notice from the original creditor? Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? When was you last payment:- Why did you cease payments:- Was there a dispute with the original creditor that remains unresolved? Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? What you need to do now. Copy and past the above on your own thread with your own answers attached. -
Parked in a residents` or shared use parking place or zone without either clearly displaying a valid permit or voucher or pay and display ticket issued for that place, or without payment of the parking charge (shared use bay) This was the reasoning for being given a PCN (hire car at the time) - wrote to them straight away stating that there were no pictures taken of the vehicle as none were uploaded on council's website - "no images were found for this PCN!" council responded saying wait until you receive notice to owner but not having photos isn't sufficient grounds as they don't need photos or something along those lines. so hire company were contacted - gave my details (this is just before Christmas) but no letter was received at my address apart from a letter after the new year stating I needed to pay £110. I wrote back to them via online stating that there were no photos and I had not received a previous letter so why am I being charged £110 already I also said I wanted to go to independent adjudicator - they stated a letter was sent on the 19/11/2018 and I missed the opportunity to speak to the independent adjudicator as I didn't respond to the previous letter - Their wording was : a notice to owner was sent to you on ..... this notice provided you with the opportunity to make formal representations. as you failed to make rep a charge certificate (CC) was issued. once a cc has been issued there is no longer the formal right of appeal. the pan has been reviewed and we are satisfied that it remains valid, your representation has been reviewed I must advise you that we issued the pcn because your vehicle was observed pared in a resident's or shared use parking place or zone without either claeary displaying a valid permit or voucher or pay and display ticket issued for that place, or without payment of the parking charge. The CEO had recorded detailed notes at the material time of issuing the pcn and can confirm the contravention has occurredl. the photographic evidence is secondary. it is the responsibility of the driver to insure that they understand the restrictions in place and follow the designated signage. at this stage we have reordered 110 as a gesture of goodwill (whatever you say mate - gesture of goodwill is you not giving me this ticket) 110 payment should be made within 14days blah blah what can I do now? how do I respond to a letter I never received for adjudicator ? how can they prove I was parked there - what if a ticket guy has it in for me and just stuck a ticket on and not provided photos cause I wasn't parked there? thanks for the help oh and to top it off the car was only observed from 13:34pm - 13:34pm -
Hello, I would be grateful for some support on a PCN issued by Norwich Traffic Control on 2017. The car park is also for a DR's surgery that I was attending. I parked my car in a car park that was being enforced by NTC on 12/05/17 The entrance for the car park is only wide enough for one car so if you are maneuvering to allow another car to pass, you are not able to read the signs as you enter the car park. Upon parking my car, I went over to the pay and display machine to see if there was anything reading the Dr's surgery, there wasnt, just the usual generic sign. I then went into the Dr's surgery to ask them about the pay and display. They informed me that there were allocated parking spaces and the sign detailing this was only at the entrance for the car park. They also said that I wasnt the only person not to see the signs. I went back out side to move my car however I was met by a NTC Warden who had already issued a parking ticket. I had been away from the car for 1 minute. I explained to the NTC warden and the fact they must have seen me go into the Dr's.... I was informed that it wasnt her problem. Later that day I emailed NTC and explained the situation, they informed me that ticket was still valid. I appealed via the IAS and highlighted that i believed NTC had not complied with the Code of Practice for the IPC as follows; IPC Code of Practice Part B, Clause 2 – Signage Clause 13 – Professionalism Clause 14 – Predatory Tactics Clause 15 – Grace Periods BPA Code of Practice Clause 9 – Professionalism Clause 12 – Requesting registered keeper details Clause 13 – Grace Period The IAS dismissed the apoeal by stating the following; "Whilst having some sympathy with the Appellant, once liability has been established, only the Operator has the discretion to vary or cancel the parking charge based on mitigating circumstances. For the reasons given, the appeal is dismissed." I have today received a County Court Claim from NTC's solicitors claiming £246.06 for the parking ticket. I still believe that NTX did not comply with the Code of Practice for all of the reasons detailed above however I would be grateful for anyone's assistance with this. NTC are notorious for things like this and there are numerous complaints about their methods of operation. Photos.pdf -
hi all i need advice on who to contact to get my issue resolved it all started with a parking which i thought was wrongly issued, i had parked on a street in front of a ticket machine that was faulty i walk round the corner to the next machine about twenty yards away, i bought a ticket and displayed it in the car and left to go to a jobs fair, on my return which was within the allotted time i found i had been issued a penalty charge notice , i emailed the address on the parking ticket explaining what had happened and that i thought that the ticket had been unfairly issued, i didn't receive a reply from nottingham parking authority so i assumed the explanation had been excepted , about six months later i am now receiving letters from equita stating that a notice of enforcement had been issues to me and my case is being prepared for enforcement action. i have have no letter from nottingham city council or equita prior to this, they are looking for 83 pounds for the debt and 75 pounds for the compliance fee making a total of 158 pounds. who should i be contacting nottingham city council or equita or anybody else, as i have already paid for a ticket to park i have no intention of paying any fines. p.s. I still have the ticket that i bought and a copy of the email i sent the parking authority. niyaman -
Hi, My Dad received a claim form with an issue date 1st November. AOS entered on internet. Says service date 8th Novemver. (they sent POC separately) Claim form amount is £35 more than owed amount, even their evidence shows original amount. (This is not including fees and costs). Background. Service charge (not disputed). Offer of £20 a week offered in August, was rejected. Offer of complete amount by family to extinguish burden by letter (The defendant is a disabled OAP) on 5th October. Heard nothing back. It should be noted the defendant tried to contact the claimant to settle many times but they wouldn't talk to him anymore. N1 received as above. Tried phoning claimant again, "not there, they will call you back". Never did. Phoned solicitors, they won't budge. Want the (wrong) amount plus fees, costs and interest. I'm bewildered by their behaviour. This is a large and very well known landlord in Kent. The issue of liability is not in question. P.S. It should be noted that had they accepted the offer of £20 a week it would have extinguished the debt before the date of issue!
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I am desperately in need of some advice please. Several years ago Acenden got a suspended possession order . I successfully paid the arrears and they were clear until last year when my world started crumbling down. On 30 October I got home to a letter from their solicitors telling me the order was being reinstated due to arrears of £2600 approx. This is just over 4 months worth of payments. I called and was told unless arrears cleared in full there was nothing that could be done . In desperation I spoke to a family member and they loaned me 2000 and I had just over 300. After lots of negotiation Acenden agreed to accept the payment and stop the eviction proceedings. I received letters of confirmation of this from both Acenden and their solicitors all dated 31 October. On Friday I got home to a hand delivered letter dated 1st November informing me the eviction would take place on 21 November at 11am and yesterday the same letters arrived by post and these are postmarked 9 November. I am so scared can they evict us even with all the written confirmation I have. Also my mum bless her has offered to give me the rest of the money to clear the arrears but I don't want to take it if they can still evict me as there are also charges on the account of nearly £3000. I plan to call the solicitors and the courts in the morning but not sure what to say. Any advice please would be greatfully received
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Hello. I’ve today had a ‘PCN’ issued by NE parking Ltd in Blackpool town centre (Adelaide court, a car park behind some flats). Last night I went to a gig in town, I drove as I wasn’t planning on staying late but I ended up having a couple of drinks so had to leave my car overnight. My friend used to live in Adelaide court so I would always use his space should I be nipping into town, and have never had any problems before - until today when I’ve gone to pick my car up and been hit with a £60 charge. The reason for the charge is ‘parking without a valid permit/ticket’, and I know 100% permits were not issued to residents of Adelaide Court 6 months ago as my friend didn’t have one and never had to use one himself. Unless this has changed recently? However, the other cars parked there did not have permits on display either! I know a lot of people say to just ignore private parking charges, but can someone advise me what’s the best thing to do from now? Do I acknowledge? Pay up? Or just leave it? Thanks in advance! -
Hi guys just wondering if I can get some help. I have issue a claim against amazon and their solicitors have emailed me stating the following: However I am sure I sent them what should be counted as a separate detailed particulars. First I sent amazon my money claim online form in pdf format within the post along with a separate detailed particulars detailing why I have raised the claim against them by first class post stating the following: Would this count as a separate detailed particulars as I sent this to the solicitors who are dealing on behalf on amazon via email as they sent out a letter well before 14 days since the claim was issued and I responded immediately via email with the details they wanted me to send. On the MCOL form I just briefly said I ordered some goods from amazon, were not as described, also claiming for gift certificate balance and a Iphone that was not delivered, nothing like the above that I sent to amazon via post with my pdf MCOL form along with what I've quoted I sent them above - Would this count as a separate detailed particulars as they sent me an email today asking for this stating I should of done within 14 days.. Thanks for everyone's help in advance. -
Lloyds issued with legal directions for PPI breaches READ MORE HERE: https://www.gov.uk/government/news/lloyds-issued-with-legal-directions-for-ppi-breaches -
Hi, I run a small retail operation, bricks and locks building..., I am disputing the bill Britisg Gas have sent me, they said it's a smart meter and up to date, it still doesn;t seem right.. One of the last letters have threatened with bailiff or coming in to change the meter, how heavy are they on this stuff? Need I worry till I can try sort it out with them? How long do they normally take to take action?
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I would greatly appreciate some advice on a private parking charge I received in the post today from Euro Car Parks whilst using an Esso service station @Esso_GB . I parked in a car park to the rear of Esso Meads Purfleet, and put a timer of 40 mins on my phone (the parking limit was 45mins). I met with a friend in the station and we collectively bought fuel, costa coffee, food to eat and sat in the seated dinning area. When my phone alarm went off to leave, we had not finished eating. A member of staff advised me to just move my car to the front of the forecourt and park there instead of the rear car park. I did this and continued to finish my food and bought more coffee. I now have a £100 parking ticket reduced to £60 if I pay straight away. I am really angry with Essso, as I was in the process of leaving until their staff told to re-park at the front of the building. Also i am annoyed that i was buying food, drinks and fuel and sitting at the tables for customers to eat at, so after spending my money with them, they are charging me. My friend who parked at the front of the building for the enter duration of our stay, did not get a ticket. -
Hi to everyone, this is my first post here but I have been reading this forum for years and up till now have got most of what I needed by reading but this time I could do with a bit of help. Hi and sorry if this is in the wrong thread, I tried to look where to place it but this seemed the closest I could find. I own a freehold flat that was originally leasehold but I purchased the freehold several years ago. I pay a service charge to Warwick estates every 6 months A few years back I moved to live with my partner but still kept the flat and because of this I ended up forgetting to pay the service charge of £665.32 + reserve fund of £53.67. I was issued with a £90 admins fee and £72 claim fee. This I also missed because I was absent from the property. It was then sent to PDC and they slapped on an additional £180 referral fee. eThis I also missed as it escalated quite quickly and they put on another £250 instruction fee. At this point I did some reading on CAG and decided to pay Warwick estates directly via bank transfer which is my normal means of paying them. And paid everything apart from the £250 PDC instruction fee as I have no issue with paying my service charge and understand that by not doing so in time had incurred costs. This was in April 2018. I heard nothing and thought it done with until today I received a court claim of £2345 for the full amount including what I had already paid. This now includes an extra £840 PDC law additional costs £115 court fees and £80 solicitors fees issuing claim forms. I intend to challenge it and say I didn’t receive the last letter they sent me regarding the £250 PDC instruction fee and that I paid everything else to that date. But I am getting worried now. I hate these debt companies with their massively inflated costs and am seeking help with how I should proceed and whether I will be able to defend myself. Regards Leo
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am a newbie to this wonder if someone can help me ive been fighting a PCN with harrow council since last year, had my informal appeal rejected and then was sent a NTO ages ago where I restated the appeal and didn't hear back, until a few days ago when I received a rejection letter dated in june which meant I was already out of time to appeal in 28 days. the reason for the lateness seems to be that they thought my company name was my surname and spelt it wrong, so the address was a generic campus/site address and therefore must have gone into a pool before it was redirected to my specific pigeon hole (please note the address is correct with the dvla - its just the council that have made the error). so in a massive panic, I lodged an appeal online with the reference number given and stated that the reason I was appealing late is that I didn't receive the rejection paperwork until now due to this error in address. However, ive looked up the pcn online and it looks like it may have already progressed to charge certificate (just because of the price) but I ahvent received this either -maybe this will also come late if they have made the same mistake with the address as with the NoR. the question is was it the right think to do to lodge an appeal late (the website says you can appeal late if u state a valid reason and I thought not receiving the NoR was a valid reason but I may be wrong) but now im thinking maybe I shouldn't have done that and should have just waited for the next stage to file a witness statement from what I read on here? however the problem I have now is not that I never received the NoR but I received it too late because of the councils mistake in my name/address. So if this does progress what box can I tick and also ho long will the tribunal take to get a result - am worried that the council will continue to progress the charge while im waiting for the appeal result. help please!!!!! -
I arrived home earlier this week to find a Marston agent sitting in his car across my gate. He had a warrant and was collecting £393 for an old speeding fine that I knew I had finished paying off, and told him so. Usual intimidation, he was only acting on the info he had. I should pay the fine now and then appeal it. He'd already filled out the form for the next stage which would mean another £600. He said he had a team "following him around" to seize goods, which they would do the same evening. So I coughed up the £393. Then I emailed the Court who had issued the fine and warrant. They replied today that it had been issued and enforced in error, and that Marston had been emailed and instructed to refund my money. Whilst I feel somewhat vindicated, is there anything I can do to complain and escalate this. Does it do any good? Will anyone compensate me, or even apologise? cheers -
Hi all. Right so I had a Vanquis credit card, it defaulted in 2015 with about 3k owing. Ive had various letters about it from Cabot (whom the debt was assigned to at some point) and Dydens. In 2016 I recived a latter from Drydens, threatening legal action and also making lots of inaccurate statements about the CPR and legal process, etc...I replied to Drydens asking for the usual stuff, letter of assignment etc, they replied saying they were halting any legal action. In 2017 I received a letter from cabot again saying no legal action would be taken. Then last week I received a letter from Mortimer Clarke saying that they were now the solicitor AND also including form N434 - Change Of Legal Representative but on this form it staytes Claimant = cabot, Defendant = Me, Claim Number is blank. The actual letter claims judgment was made against me on .... (yes that what it says, there is a blank space !). I have not received any letters about this claim, I suspect there is no claim, I phoned Mortimer Clark who said the claim was performed by previous solicitors Drydens and that they didnt have the claim number..hhhmmm Ive phoned cabot who know nothing about this so it look very like;ly there is no claim. Im surprised though that MC are prepared to lie in this manner, it appears to be it could have serious repercussions. An obvious give away is the form N434 they sent me, this is required to be sent to all the parties and the court, are they seriously saying they sent this to the court without a claim number !!???, as I found out this couldnt be a admin oversight as they dont actually know the claim number. Any thoughts on what next ?. I intend to phone Drydens to hear what they have to say. Phone Northampton Court, not sure if they can help with a claim number but Ill double check there hasnt been claim. Write complaint to Mortimer Clark, why are they misleading me, is this fraudulent ?, they are after all trying to pressure me to pay what hasnt been adjudicated on yet. Follow up this complaint to SRA Andy -
Having a few issues with Civil enforcement LTD They got my car in a pub car park in the east riding of Yorkshire where you have to go in the pub to let them enter your reg plate but this wasn’t made clear in the pub. I received a letter first letting me know about this parking charge when it stated that I hadn’t paid at the discounted rate of the first letter. Never received the first letter at all - so been trying to get out of this ticket Wrote to Civil Enforcement limited and they told me it was tough as they sent the letter and didn’t matter if I had received or not Tried appealing the ticket with POPLA but couldn’t. as Civil Enforcement limited wouldn’t give me a code to appeal the ticket. So POPLA wouldn’t entertain me So went one above and then Emailed BPA but they said they didn’t get involved in disputes such as this but I learnt that Civil enforcement LTD pay a membership to them I then got a letter from the solicitors on the behalf of Civil enforcement LTD. They have offered me a payment plan of an extortionate rate of £236 for been in this car park for 12 mins :mad2: Is there any way I can get out of this, Happy to provide more details if need be Thank you in advance -
Just today received a CCJ for £350 quid, for parking in a hotel car park. This is the first bit of paperwork that i've had, other than them asking me for money (the pcn) thing. I wrote back to them stating that i was a guest of the hotel at the time, they replied with a letter saying 'we don't care' What steps do i now have to do to get the court to reverse this?
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Hi Guys I have received a letter of claim from Restons solicitors for a debt bought by Cabot financial. I have made a complaint to the financial ombudsman that the original creditor ‘ a credit card company ‘ refused to deal with several mistakes on my account over a year before Cabot bought the debt and simply told me to deal with the 3rd party debt collectors. The ombudsman said that as they were still the legal owners of the debt they had a duty to deal with me and not pass the buck to the debt collectors. The amount Cabot are claiming is for £1800 when the correct amount after deducting the disputed amount is £1150. My question now is, should I contact Restons who have sent me a letter of claim and say they will start proceedings on 18 05.2018 or Cabot or both and tell them its a disputed amount sold by the original owner of the debt and I have now made complaint to the FOS for which I have received relevant paperwork and a reference number. So would they like to put proceedings on hold whilst this matter is dealt with by the FOS as I see no point in starting court proceedings when they are trying to claim the wrong amount.I I don't dispute the lower figure. So far I have made no contact with either company. -
Hi, I've read a few threads today and found the advice very useful. Just wanted to share my specific case to see what advice can be given. I noticed a CCJ on my credit file through clear score registered at Northampton County Court. Today I rang the court and was advised that it was in relation to a PCN from SIP and Gladstones have taken me to court. The case is regarding 2xPCNs at the start of January 2017 outside of my address in privately rented apartments. On at least 1 of the days in question the ticket machine was out of use (I have a photo showing this - although it probably isn't the greatest as it doesn't clearly show where the machine is just the "NOT IN USE" message). A couple of weeks after these dates I moved from my apartment and didn't receive anything from the claimant regarding the claim or subsequently anything from the court. The first time I realised there was an issue was looking at my credit file and finding the CCJ. The CCJ amount is in excess of £400 (inc court fees etc) which is quite frankly extortionate for 2 days parking. I don't have allocated parking in my tenancy agreement. I would like to remove the CCJ from my credit file and have received the N244 application notice from the county court. Any help and advice would be greatly appreciated before I pay the £255. -
Hi I've been receiving letters from Lowell regarding a debt for a mobile phone account which isn't mine. I mistakenly decided to ignore the letters until county court claim has been started against me. I've filled out the form online to give me some extra time to defend it and form a case but I'm hoping I can find a way to force them to annul or at least postpone the claim. I've looked around here and apparently because it was a mobile phone contract, a CCA request letter would be ineffectual because it was a service agreement. So I'm thinking about sending them a "prove it" letter and possibly a Subject Access letter but I'm unsure of how effective this will be. Any advice and suggestions would be greatly appreciated. Also, Lowell have put a default notice on my credit card report which is what I was wondering if they can legally do that without any proof? -
New independent appeals process to protect passengers issued with penalty fares READ MORE HERE: https://www.gov.uk/government/news/new-independent-appeals-process-to-protect-passengers-issued-with-penalty-fares
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Hello All, I’ve a feeling that I’ll need to go to the Ombudsman but would be grateful for any assistance.: Long Story short, I approached PayDay UK/MEM Capital last July 2017 and requested a settlement figure as I released equity in a property I own to clear my feet. I was given the figure and when the funds cleared acouple of weeks later, I received 2 text messages (16/8/18) 1st text said I was £8 short due to accruing interest since the initial settlement figure was issued, and literally acouple of hours later I received another text saying my loan was settled in full. As a result, I received zero correspondence from the lender until December 17 when they started requesting a payment of £180 which was pure interest – I contacted them, they said that because I never completed a settlement form, they didn’t action this so I requested another copy of said form as I hadn’t received it - this was on 29/1/18 and today, no response to the email I sent saying I didn’t have the settlement form but I did get confirmation that they’ve issued a default! I’m in the middle of trying to clear my credit file up and have been slwly imporving my credit score –any advice on how to approach this? Last email (copied in a company director too) has requested confirmation they’ve removed this default before close of play or I’ll escalate to the Ombudsman. Absolutely fuming with this. :-x:-x -
This company Park direct uk, issued me a PCN while i didnt have time to think to where to park, so i was feeling dizzy and i parked there, and I gave the reason to them, and I'm legally to do so if im in an emergency, and i sent them a appeal and they refused, and this is a private land, can someone help me out please? I attached all the posts that i received from them and what i appealed to them. Many thanks guys -
I have received a letter from B W Legal, stating that it is a `Discount Offer` to settle a PCN which they state has not been resolved. Their letter is in the usual format. Interestingly, they state that the contravention was dated 23rd June 2012, which I understand pre-dates the official inception date of POFA. I do not have any memory of this alleged event as the car was only in my name for insurance purposes and belonged to my son. As this pre-dates POFA, am I right to assume that if I state that I have no knowledge of the driver, especially after 6 years, they cannot enforce this? -
Hi, I am writing this on behalf of a disabled friend, who has received a Parking Charge Notice through the post from Civil Enforcement, mid last week, around the 26th of Feb. Some info: Date of infringement: 15th Feb 2018 Issue Date 22nd Feb 2018 Date Received 26th or 27th Feb 2018 No photo evidence mentioned, but possibly auto cameras. Cannot see any Section 4 mention on the letter. Just says Maximum Parking Allowance Exceeded. Not appealed yet, we will, and I will detail in a moment what we are thinking to say. Parking Company is Civil Enforcement Spinning Gate, Leigh. Says they have appeal procedure, and if unsuccessful, then Popla. So most importantly, the car park in question is shared by Cineworld, Tesco, and several other food chains such as Frankie and Benny's. The entire car park has a 3 hour parking time limit. We were parked at the side of the cinema, and during the 6 hours we stayed, we went into Tesco, and into their restaurant, and stayed well in excess of an hour as the disabled person was not feeling well (Primarily pain). Once she recovered sufficiently well, we then shopped in Tesco for around 45 minutes to shop. After that we attended a screening of the new Black Panther film. We went into the cinema early so that the disabled person could sit a while. This was around 45 minutes, including purchasing tickets, and getting sweets. We then watched the film, which has a running time of 2 hours and 14 minutes, but including trailers and advertising was closer to 3 hours, for the film alone. As such the film alone would have taken much more than the three hours allowed, inclusive of obtaining tickets, food and seeing the entire film, so on the basis of this, we would have incurred a parking charge, simply for attending the film at the cinema and parking in their car park! Given my friend is disabled, I thought to provide proof of her disability, with a copy of her blue badge, numbers redacted. The letter they have sent already has her name and address in full so they know who drove, and she is the sole driver. I also intended to provide a photocopy of the cinema ticket to prove our attendance. This and a covering appeal letter stating exactly what I have written here. Should we appeal? I figured CE will just decline it anyway, and likely Popla too. What happened if it is declined, and we don't pay? Surely if they took her to court they would lose, simply based on the fact we were parked to see a film in their car park, and in order to see that film we would have to be there longer than 3 hours, or miss the end of the film Given the person being claimed against is disabled, obviously she is slow to move around, and needs a lot of help and support. She is naturally very upset about all this absurdity. Any advice on how to proceed would be most welcome. Thank you.
