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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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In 2003 we moved to Spain and bought a property. My husband had a good job in London and commuted to Spain at weekends.

 

To start with everything was fine but when the exchange rate went pear shaped we lost a third of our income.

 

I've always been hopeless with figures while my husband has a mind like a calculator, so he has always taken care of the finances.

 

It was only when our bank account was frozen that I realised we had a serious problem. We were in arrears with out mortgage. The bank informed us that as soon as the arrears went into the 3rd month, they would start repossession. They wouldn't discuss any options because we were in arrears.

 

I then discovered that my husband had run up a large amount of debt in the Uk, some in joint names.

 

My MIL very kindly stepped in and helped us out with the mortgage. I was able to get a long term temporary work contract as well as some private teaching and we started to rent out our home to holidaymakers, moving in and out as necessary.

 

I researched our options and made an appointment for my husband to go and get an IVA set up to deal with the UK debt.

 

All my private teaching money went into the safe in order to build a small cushion for emergencies.

 

We also put the house on the market.

 

My husband was very sorry that he hadn't told me we were having such difficulties, but promised that in future he would be open about everything.

 

Three years ago, he was made redundant. My first thought was to drop the house price and talk to the bank but my husband refused as he believed he would find work. I remember him saying that if he found work within a couple of months we would be laughing as we had the redundancy payment in the bank.

 

He is now working, self employed in Spain. He had to buy a car and various things from his payout, but the rest went into the bank.

 

In November my contract ended and I signed on as unemployed. At this point I suggested that we drop the house price and ask the bank for a period of interest only. This time my husband agreed.

 

The bank asked for credit reports and at this point I discovered that there was hardly any redundancy money left. My husband had spent the money I had saved (even though he had repeadedly told me it was there) and the IVA that he had always told me was up to date, had never existed. He has lied to me for years, all the while I stupidly trusted him. I won't make that mistake again.

 

It took four months to get my credit report and for the bank to come to a decision,. They withdrew their first offer when they found out we had defaulted debts and charged us €1400 to change the mortgage. We have until Sept 2013 to sell before the mortgage goes back up.

 

Meanwhile our calculations have come unstuck as the rentals haven't been as good this year and my husbands commision only salary is only bringing in half what he thought ot would. Being self employed is very expensive here as you have to pay €174 autonomo (social security) even if you don't earn anything. We are finding that if my husband earns €1500 per month, €1000 of that goes on Autonomo, the lawyers fee for dealing with the autonomo, tax and essential petrol. What's left doesn't cover anything.

 

While I don't mind living on a shoestring and having no social life, but I feel like a second class citizen for not paying our debts. I'm unable to help my kids who are srtuggling financially which is breaking my heart. I am just thankful that they have left home and are of an age to understand why they didn't get anything at Christmas or for birthdays. I really feel for anyone in this situation with young children to consider. I live in dread of my daughter deciding to get married. I'm sure my son's decision not to attend his graduation is because he knows we would really struugle to get there.

 

Looking at our finances this week, I don't think we can hold out past October. The situation is a nightmare. We can't return to the UK unless we can find work first as we won't be eligible for benefits. Yet if we stay here, we can't afford the mortgage. Even if we can find work, the delay in getting the reduction on our mortgage has cost us all the money we had left and I can't see how we would live until the first payday.

 

We have a viewing on the house next week, but I'm trying not to be too hopeful. After that we will reduce the price further. We are reaching the point though where we'll be lucky to come out with enough to buy anything else, but if we can clear the mortgage that will be good.

 

Somehow my husband manages to shut off from the worry. It hangs over me constantly. I can't enjoy anything and feel sick all the time. Needless to say, sleep doesn't go well.I need to keep busy and I'm spending hours on the computer trying to learn internet marketing or anything to bring some money in, but it is constantly on my mind.

 

I don't have anyone to talk to. Friends know we are struggling, but not the extent as if that got out, it could adversely affect my husband's business.

 

If we can't sell, we will never own property again as we are in our fifties with a bad credit record.

 

I can understand absolutely how people become suicidal with debt problems. I would never do that to my kids, but I do undertand it.

 

I know that there is nobody to blame for our situation but ourselves. I just wish I could see a way out.

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Having been moved, I'm not sure whether to reply to conniff here or there. LOL.

 

The debts are with first direct bank, Amex, Paragon, M&S, RBS in my husbands name, about £74000 and then in my name there are two to Mkdp Lip (I have no idea who that is) one for 4303 and the other I'm not even sure what I owe, the current balance is 2200 and the delinquent balance 3332. I guess it will be the higher figure.

 

There's also a CCJ, but that is the same amount as one on my husbands which was settled, so I think that is settled. I'm getting my husband to write to the court to ask. He put it there, so I'd like him to deal with it, if possible.

 

One has a default date of 9/08 and the other 5/09.

 

I never received any corresspondance about any of the debts, which is surprising as we had joint accounts at First Direct and they had my address in Spain. They presumably sent everything to my husbands UK address.

 

I don't know if there would be any point in me trying to get a note put onto my file to say that I had no idea of the debts or not.

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Will you husband be happy for this to be talked about here ? No one will want any personal details.

 

More details would be needed so we can see about claiming back penalty charges etc that will undoubtedly have been placed on them all.

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To be honest, I'm not too worried about my husbands sensibilities at the moment. I don't think he would mind though, as long as he's not identified.

 

The thing is that at the moment we can't even begin to pay them back, so I feel more inclined just to wait out the six years and let them become statute barred, seeing as we're about half way there.

 

However, I'm open to advice, especially as we are thinking of returning to the UK and I don't want creditors on my doorstep.

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That's a chance you will have to take. If any of them get a ccj then they won't become statute barred, whoever owns them just has to visit the court and ask can I resume collection.Also if they continue to chase but you ignore, that wont count either.

 

So you will need statements to show if there has been any penalties which you can claim back and dig out any agreements for the loans to see if there any mis-sold ppi that can be claimed back. Sometimes there is enough to reclaim that can wipe out a debt.

Edited by Conniff
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I believe that the CCJs have been settled. My husband's definitely have. I think mine is the same as one of his, so it should be settled too.

 

There wouldn't have been any PPI and I don't belive my husband has any paperwork for agreements. I don't think we have any option other than to pay up or ignore them and as we are struggling to pay the morgage, payment isn't an option at the moment.

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Oh dear, I hadn't even thought about the defaulted debts being turned into CCJs at this stage. Something else to worry about.

 

By "Them", I meant the defaulted debts.

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The ones in my husbands name are with Amex x 2, Preference Cards, First Direct x 2, Lowell Portfolio credit card, M&S credit card, Royal Bank of Scotland credit card.

 

In my name I have 2 for Mkdp Lip (I've no idea who that is) but they say current account and the only current accounts that I had were with First Direct.

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Gosh this is hard work.

 

2 Credit cards with American Express

 

2 Credit cards with First direct

 

Lowell Portfolio are a debt collecting company so who are the credit cards with, have Lowell bought the debt, collecting on behalf of or what?

 

1 M & S credit card

 

1 RBS Credit card

 

...........

 

2 debts with Mkdp Lip who are a debt collecting company, so who debts are these, are they collecting on behalf of some one or have they bought the debt ?

 

Are these demands all to UK addresses or are you receiving them at your address in Spain ?

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Sorry to be a pain, I really do appreciate you trying to help.

 

I don't really know how to find out about whether the debt collectors have bought the debts or not. In the hope that they might become statute barred, I haven't wanted to contact anyone about them. What are the implications?

 

Other than knowing that my only accounts were with First Direct, I have no idea what the others were for. This is clearly a ridiculous situation, so I am going to have to pin my husband down and try to extract some more information from him. I'll get nowhere tonight with the football on TV. Tomorrow will be a better bet.

 

As far as I'm aware there has been no correspondance sent to Spain at all. It will have gone to the UK address my husband had three years ago. This is why it all came as a shock to me.

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The debts to Mkdp Lip and Lowell are both from First Direct. One is a joint one, but on my husband's report the debt is still owing to First Direct. The other is in my name.

 

I have no idea f they have been sold on or if they are just being collected on behalf of First Direct.

 

I don't know why First Direct never contacted me about the debts as they had my address in Spain. Not that it would have helped, by then the damage was done and we had no money.

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