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    • 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.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
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We are being threatened with EDF getting a Warrant to disconnect us

and wonder what the timeframe is for this,

 

do they go to court,

 

can we appear and appeal this decision as we are in a vulnerable position?

 

 

..serious financial issues over past few years,

 

arrears in region of £5k!

 

Emailed and been in contact with Exec complaints,

 

they are hearing none of our problems and only want to execute the warrant.

 

Have applied to EDF Energy Trust,

but told to expect 6-12 weeks for processing,

EDF not budging on the deadline of 31st August 2014,

say they are being responsible in not letting our account grow any more.

,

it was mentioned about there needing to be a CCJ in place for arrears BEFORE a warrant can be applied for,

does anyone know if this is true either?

 

Many thanks for any help / guidance / advice anyone can offer,

we are in the position of EDF giving us only until 31st August 2014 before kicking everything off

 

David

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they do not need a CCJ no.

 

as for the promise notes, think you are delving into Freeman of the land stuff there

which should always be avoided.

 

write again to the exec complaints and check they are aware you have received

the warrant threat.

 

they might not be aware the automated system has sent that letter out.

 

£5k is a lot of electric..

 

is this for one year?

or old debts too.

 

tell us a bit about the history please

 

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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Hi dx100uk

 

Thanks for getting back to me,

 

this is for old debts going back over some 4-5 years,

and the result of very serious debt issues and 'burying head in sand'.

 

I have been speaking the the Exec team and

they have told me that they are only prepared to stop this action on receipt of either

1) full payment of the account, or

2) granting of funds from EDF Energy Trust.

 

I have applied to them, but been told due to backlog of applications, will not hear for at least 6-12 weeks.

 

We are a vulnerable family,

we have a 14 yr old son,

my mother-in-law, who is 70 and not in best of health and

also, due to the stresses of this and my local authority council tax,

I am currently off work with anxiety and depression, not knowing how to cope with this all.

 

We are being guided by National Debtline and have a income/expenses sheet drawn up showing our position.

 

Currently, if this goes ahead at the end of this month,

my wife has told me that she will throw me out as well

as she too can't stand all this mess we have found ourselves in.

 

EDF have stated that as a responsible company

they cannot allow our account to be frozen any longer

and will apply to the court after 31st August has passed..

 

I am really desperate now and don't know what the hell to do anymore

 

We are also in court on Friday to have a hearing in front of District Judge

to try and get our Attachment of Earnings deductions quashed or reduced

as this is causing us serious financial hardship and contributing to the EDF position.

 

Any ideas you might have would be really appreciated

 

Many thanks

David

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good you are with NDL

 

have you updated them about this latest threat?

 

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

  • 3 years later...

Hi all

 

Thanks for helping to put me in the right places for the older threads, I really appreciate the help.

 

Currently with EDF, I owe approx £6k and this is being managed using Fuel Direct and I am dealing directly with the Executive's office with a guy there which is being extremely supportive.

 

I applied three times to the EDF Energy Trust, the last time was with the support of Plymouth CAB, who are EDF's preferred agency to assist with these applications.* I was turned down again and basically the CAB said they would not help with another application because the trust thought we were not making payments.*

 

EDF Energy completely disagree with this and have advised I make an application through EON Energy Trust and British Gas Trust.

 

 

So this is where I am at the moment.*

 

Hoping against hope that one might help me, but really don't believe they will.*

 

Hence asking about the possibility of getting these written off by DRO, *but don't know what that would mean for my wife's liability.*

 

 

Just wondered if anyone has any experience of these trusts or what else I can do.

 

 

I recon at the current rate, I have about SIXTY year of payments to make, and being nearly fifty, liklihood that the debt will survive me if the stress does not kill me first.

 

 

I have also applied to both Southern and South east water for assistance.*

 

 

Thank a lot

 

David

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ive had very good results with the trusts particularly british gas one

 

 

a few years back they wrote off +£7k

 

 

please don't go down the dro route or any other one like bk or whatever

 

 

this debts you have are exactly why they are there to help

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

do it your self its online.

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... 

Link to post
Share on other sites

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... 

Link to post
Share on other sites

Hi all

 

Thanks for helping to put me in the right places for the older threads, I really appreciate the help.

 

Currently with EDF, I owe approx £6k and this is being managed using Fuel Direct and I am dealing directly with the Executive's office with a guy there which is being extremely supportive.

 

I applied three times to the EDF Energy Trust, the last time was with the support of Plymouth CAB, who are EDF's preferred agency to assist with these applications.* I was turned down again and basically the CAB said they would not help with another application because the trust thought we were not making payments.*

 

EDF Energy completely disagree with this and have advised I make an application through EON Energy Trust and British Gas Trust.

 

So this is where I am at the moment.*

 

Hoping against hope that one might help me, but really don't believe they will.*

 

Hence asking about the possibility of getting these written off by DRO, *but don't know what that would mean for my wife's liability.*

 

 

Just wondered if anyone has any experience of these trusts or what else I can do.

 

 

I recon at the current rate, I have about SIXTY year of payments to make, and being nearly fifty, liklihood that the debt will survive me if the stress does not kill me first.

 

 

I have also applied to both Southern and South east water for assistance.*

 

 

Thank a lot

 

David

 

Hello David and just spotted this about the E.ON Energy Fund. Thought it might help if I give you a link to our website with more information about the fund including an application form.

 

https://www.eonenergyfund.com/

 

The Fund has been set up to help customers of any energy company who are struggling to pay their bills. It can help pay current or final energy bill arrears as well as helping to buy replacement white goods like cookers, fridges or freezers. Helps available, too, to repair or replace gas boilers.

 

Hope this helps and all the best with your application.

 

Malc

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