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    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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council littering fine


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:mad:

 

Not sure this is in the right place..

 

Basically i got grbbed by the ciggie brigade jut before chritmas. Theyve fined me for PUTTING MY CIGARETTE IN THE BIN!!!

 

When they grabbed me he insisted it didnt go in the bin. It did . The fine hs come through today- £75. I have 14 dys to pay it. Im on £100 a week. I get no benefits. How am i supposed to pay this?:?

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The best thing to do would be to contact the Council (details of the correct dept should have been printed on or enclosed with the fine) and explain the situation and ask if they can extend the deadline or if you can agree a payment schedule. Not sure if they can do either of these things but it's worth asking.

 

You would also have to contact them if you want to dispute the fine.

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its not a fine its a fixed penalty , so was there a court hearing etc or did the Council just send a baliff , answers are important , to what actually happened and what received in writing

 

you said > Theyve fined me for PUTTING MY CIGARETTE IN THE BIN!!!

 

they you say your cousin tried to extend payment > She then ended up oweing over 300 in charges and had balifs banging on the door!!

 

so why were Baliffs going to her

..

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mention of what happen to your cousin threw it out a bit, however

 

time to get the experts to look at this for you ,

 

baliffs can only turn up once a court order is produced , otherwise its a debt collector with no more power than any man in the street

 

if you state you put it in the Bin , what are they stating ? you didnt , then you have the right to challenge their story

..

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it just says

 

"I have recieved evidence that on the 07th December you were seen to drop litter in Prince Alfred Road

 

I have considered the evidence and decided it is a suitable case for prosecution. However, before comencing proceedings in the Magistrates Court i am offering you the oppurtunity to pay a fixed penalty in respect of this alleged offence"

 

Then it waffles on about how to pay.

 

"If you pay within 14 days no further action will be taken"

 

"you should not pay the penalty if you do not beleive you are guilty of the offence of dropping litter. If you want advise you should consult a solicitor. PLease note that i am unable to advise you what you should do as any advise i gove would be seen as biased"

 

then later on it says " offence are as follows: deposited cigarette onto the ground"

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the choice now is yours, if you want to fight it , if as you say you put it in the bin,

 

important fact you say they "grabbed you" did they actually lay their hands on you , as they CANNOT do this , it is an assult they have no powers of arrest etc, and if they did claim to arrest you then you should have been notified of your rights under PACE, all they can ask you is for your name and address etc, which is your choice if you wanted to give it, so you may have a case of assult against their staff, they wont want that going to court etc

 

your choice is either to pay the PENALTY ( if they have used the word FINE they are in trouble ) or you fight it in the fact you clain you put it in the bin,

 

might help you if you ask the member JonCris to have a look at this for you

..

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No they didnt physically grab me. They did however "caution" me and read me my rights like the way the police would prior to arresting you. Which seems odd seeing as they cant. Id literally just been into the council to complain about the fact they think im entitled to zero benefits. Its almost as if they followed me.

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  • dx100uk changed the title to council littering fine
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