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    • Hi T911 and welcome to CAG. As you say, an interesting screw up. So much for quality control! Anyway, our regular advice is to ignore all of their increasingly threatening missives... UNLESS you get a letter of claim, then come back here and we'll help you write a "snotty letter" to help them decide whether to take it any further with their stoopid pics. If you get mail you're unsure of, just upload it for the team to have a look.
    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
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cabot and mens clothing catalogue debt


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Cca cabot

sar jdw

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The total claim will include fees and some interest although I thought that was 8%.

 

Getting the CCA request off could slow things down although I would also be writing asking for the details of the debt . I would be nice and civil saying something like you are not sure what the account is but if they can tell you , should it prove to be yours , you will want to make an arrangement.

 

I know very little about BR but should you actually get that SD while the CCA is outstanding you should be able to get it set aside

Any opinion I give is from personal experience .

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Ok, I have done the CCA letter to Cabot, I will now write a letter to WrightHassall Solicitors explaining that I do not know what debt they are referring to as it only names JDWilliams (no account number, or catalogue company) and my name.

 

 

Am I able to email their Litigation email address and does that constitute as a legal document like a paper letter would?

 

 

I usually deal with my debts by just paying what I consider a sustainable figure monthly, every month by standing order, without negotiation with the DCA. In the end they usually give up protesting as the debt is near paid. Is that a good way to deal with it or should I negotiate in future with them, I just don't want to end up using all my available money and would rather be an affordable reliable amount.

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I would not be starting letter tennis with WH.

 

just do the CCA request

 

as you should be doing with ALL the debts you pay.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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is this debt on your credit file

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

so if we were to say you owed us £20 per post

you'd blindly pay it...

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

If I need to get a letter urgently I usually email them from a non primary email address and say that there is a hard copy in the post. I know some DCA's refuse to deal with emails unless they have that as your confirmed email address.

 

If you have a look at NDL and my moneysteps that allows you to do a budget with prorata payments in it. DCA's will often argue and whilst there is no reason that you must send an I&E to be honest in my opinion, if you can make it work for you then why not do it.

 

https://nedcab.cabmoney.org.uk/quickfs.asp

 

That link is also quite good as I think it gives acceptable amounts for each category although I am sure NDL would help you with the advice on what amounts are acceptable . I know that I spend far less on food than is "allowed" but slightly more on telephone . Equally I do not need a TV licence but I include it as I may do at any time. So long as your figures are within what they class as acceptable you are ok, if they are higher , give the reason....it might be you travel 75 miles each way to work and thus your travel costs will be high

Any opinion I give is from personal experience .

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Again IMO the priority here for now is to avoid that SD . As this account was opened online after April 2007 there is little doubt it will be enforceable unless technicalities can be found such as faulty DN's etc.

Any opinion I give is from personal experience .

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Typical threat, see bold bit.

 

No idea if its on my file I gave up years ago bothering with that.

 

Debt is originally JDwilliams.

It is around £2500.

 

Debt being chased by Cabot who have handed it to WrightHassall solicitors.

 

Solicitors sent me a letter saying they have been instructed by their clients to review my case

with a view to serving me with a bankruptcy petition and obtaining a bankruptcy order.

 

The letter ends with I have 14 days to contact or they will issue a Statutory Demand.

 

Taken me back a bit to be honest,

 

I am tackling my debts but one or two at a time,

 

mostly when at court so its fixed in stone.

 

Bit worried I could lose everything now :-(

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Time to inform the OFT?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Maybe , maybe not.

 

Need some evidence that they are not just idle threats. Do we know how many have been issued and not followed through with or is it too early to say yet?

 

They really are quite specific threats, no may do x,y,z...just may make you BR. The may is of course their get out clause should they decide not to.

 

I am still of the opinion that getting the CCA request off is the best route forward and if it is a post 2007 debt to get them to clarify exactly what the debt is

Any opinion I give is from personal experience .

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