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burmafriday

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  1. Thanks dx and Ericsbrother. dx We spoke with the court and they confirmed that they have not yet received the documents from CEL on this case. We asked the court if we needed to register with MCOL and were told "it was not necessary as its all paper from now on" We were also told that the court would not dismiss their case but probably write to CEL and give them seven more days to serve their papers. Ericsbrother I did some research and found out that S Wilson is Scott Wilson, who is Head of Legal and Compliance at Creative Car Park Ltd. (CCPL) The directors of CCPL are also directors of CEL. In Fact the MD of CEL is also MD of 23 other companies and I see that most of the people involved are the same bunch in many of the companies. From my investigation i see that CCPL gets the contracts from car park owners and manages their car parks whilst CEL chases any debts and mainly through litigation. There are many cases of CEL taking people to court and they appear to be serial litigants. So as Head of Legal and Compliance he would be able to sign the writs for CEL. Quite an interesting excercise doing the research!. we really are up against people who spend the majority of time rightly or ....trying to get money out of people. I will get back to you as soon as I hear from the court. Thank you all again. Best/BF
  2. Hi dx OK thank you - I will get that done ASAP best/BF
  3. Hi dx You wanted me to update you on MCOL website claim form. My wife did not use MCOL. My wife made the counter claim by letter and a copy of this was sent with other documents earlier. The Counter Claim has been acknowledged by the court. I have no idea why they have not followed CPR - thats why I commented in one of my posts that perhaps they know something I don't. These guys are so experienced that some one called them "Serial Claimants" and yet they did not serve papers on time? We have still not received them. Hi Andy Thank you for your comment. In that case we have to wait and see what will transpire next. I will ask my wife to call the Northampton County Court and find out if CEL had served the papers yet. best/BF
  4. Hi dx, HB and Dave Thank you very much for your messages and attending to my posting so fast. My wife is max impressed with you all working on a Saturday. Thank you dx - Yes Counter Claim - i will try and convince my wife. Its just more work and cause more delay I guess. I feel and advised my wife that rather than counter claim she should serve a writ on the Landlords and her previous employers. its their carelessness and aperthy which I think are the root of the problem Regarding the documents i posted - yes please get rid of them all after you have had a chance to look at them because i dont think they will be of use to anyone else. My plan tomorrow morning is to apply to the Court to have their case dismissed for not following CPR procedures Have a great Sunday Best/BF
  5. Hi HB Ok I have done it - sorry I forgot I had to delete names etc. took me la lot onger. So, i will attach files here a. Claim 2 ... this is the Original Claim from CEL b. Couinter Claim -1 ... my wife's cCounter Claim (i think we may have to re-issue this document in a Court format as I am not sure this has been achieved although the court has acknowledged it c. Harrassment -1a PDF d. Harrassment 2 PDF e. POPLA-1 14 May 2020. I Hope everything is clearer now. Thank you Warm regards BF Counter -Claim-1.pdf Harrassment -2.pdf POPLA-1 - 14May20.pdf
  6. Name of the Claimant ? Civil Enforcement Ltd Date of issue – 28 February 2020 (We were away when this Claim arrived. When we returned we wrote to the court to explain we were away, sent copies of flight itinerary showing that we returned on 28 March and also sent a copy of a letter we wrote to CEL asking them to send copies of all documents to the solicitors of the Landlords whose address had been provided on a number of occasions – they did not do that) Particulars of Claim What is the claim for – 1.Claim for monies relating to a parking charge for parking in a car park managed by the Claimant, in breach of the terms and conditions (T+Cs). 2.Drivers are allowed to park in accordance with T+C’s of use. 3.ANPR cameras and/or manual patrols are used to monitor the vehicles entering + exiting the site. Debt + damages claimed the sum of 182.00 Violation date : 28/12/2018 Timed in : 08:01 Timed Out: 13:59 PCN Ref: Refxxxxxxxxxxx Car Registration Number.: HV.. Car Park /White Cross Business Park Total due – 182.00 (ref:WWW.CE-xxxxxxxxx or Tel xxxxxxxxx) The Claimant claims the sum of 198.99 for monies relating to a parking charge per above including 16.99 interest pursuant to S.69 of the County Court Act 1984 Rate 8.00% pa from dates above to - 27/02/20 Same rate to Judgment or (sooner) payment Daily rate to Judgment – 0.04 Total Debt and interest due 198.99’ This was signed (typed) “S Wilson, Head of Legal (Claimants Legal Representative)’ What is the total value of the claim? £ 274 (which includes a court fee of £25 and a Legal Representatives costs of £ 50 ) Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes I received Letter before Action Claim for Debt which was dated 17 December 2019, with a 30 day deadline. I received it and a further later dated letter from them, both on 24 December 2019 I wrote back to them on 24 December 2019 to say I received two letters on 24 Dec 2019 telling them it was unreasonable for me to reply to them in detail within their specified 30 days because: their letter had just arrived, it was Christmas Eve and my husband had just come out of hospital after he had collapsed with a heart condition. I advised yet again that I had not parked in the car park they policed and referred them back to previous correspondence including the file returned to them by their own solicitors which contained full details of all matters. I also told them to stop harassing me. I also asked for a contact name to address correspondence to. I did then receive a letter from them dated 7 January denying they were harassing me wrote back to them on 20 Jan 2020 informing them that all the information they requested in their Letter before Action was in the file bundle that their solicitors had returned to them. I also advised them that they had been harassing and bullying me for the last twelve months for a payment which they knew they were not entitled to. I also pointed out that they had not given me a contact name. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO PCN - Parking Ticket.
  7. Hi Thank you so much for your replies. Its been some years since I used CAG - I had forgotten how fast you respond and I am really immensely impressed. Sorry I had to attend to some personal issues but please note the following 1. Honeybee - I will complete the template you suggested and have it up for your ASAP 2. Ericsbrother - Yes thank you - my feeling is the same. If you could let me have a suitable wording that would be wonderful. do we submit an affadavid or witness statement saying The Plaintiffs case should be struck out The Defendents counter claim be accepted. followed by statement of truth signed and date? In the meant time I was surprised that they did not respond on the correct date. Are we missing something here? The date they were to respond is stipulated very clearly. 3. dx. Yes - exactly In the industrial zone, there are two car parks. My wife has to enter first, the Car Park owned by Lancashire City Council (LCC) to reach the Private car park owned by the Landlords of the company for whom she worked. They are two separate car parks and the solictors of the Landlords have issued a cease and desist order against Lancashire County Council. This what the solicitors for the landlords sent to LCC "... As your client has failed or refused to instruct CEL NOT TO ISSUE CHARGES for parking on the Carp Park (the car park outside my wife's office), despite the fact that such action constitutes a derogation from grant and/or a breich of the covenant of quiet enjoyment under the Lease, we have today (03 December 2019) sent a formal cease and desist order...... It remains our client's view that the current system is unlawful in that it seeks to restrict or limit the ability of our client to excercise its rights to park on the car park, which in turn is causing our Client issues with its own sub-tenant. " As for CEL Managing the LCC's Car Park, let me then rephrase - LCC employed CEL to police the car park and obviiusly issue parking tickets but they transit into issue parking tickets on cars parked in the private car park. Thank you Warm regards BF.
  8. Hi CAG In November 2018 my wife paid for a parking spot so she could park her car in an allocated space outside where she used to work. The payment was done through her previous employers and agreed in writing. It is on Private Land; however, she has to cross a car park enforced by Civil Enforcement Ltd. (CEL), acting on behalf of Lancashire County Council (White Lund Industrial Park) to get to her space. There is a camera at the entrance to the Industrial Park. The Landlord was informed my wife was using the space in November 2018 and asked by her employer to inform the Council so she could be added to the list of authorised cars. She was incorrectly issued with 3 parking tickets, through late December 2018 and early January 2019. She appealed them all through POPLA as advised by the Landlord (a mistake), and contacted the car park Council Manager, and got one cancelled, but apparently contacted them too late for the other two to be cancelled as they’d gone to POPLA. Of the 2 remaining appeals POPLA found in her favour on one and against on the other. When she did a procedural error letter to POPLA, POPLA replied they were right on both ???? AND said if CEL had sent the same defence she would have lost both appeals. Who funds POPLA now? Could it primarily be CEL? After an ongoing saga now lasting over 18 months where she was taken to ZZPS and QDR Solicitors by CEL the file was then returned back to CEL and then CEL served court papers. This was about a month after the landlord’s solicitors served a cease and desist order against the Council and CEL in December 2019 for continuously issuing tickets to cars parked on their private car spaces – not the Council’s. CEL say tickets are issued on the grounds the cars are driven across private land and continuously cite Beavis. There are obviously no CEL parking signs on her office car park as it is not owned by the Council, so Beavis obviously does not apply. All this despite my wife writing to CEL (and ZZPS and QDR) on numerous occasions telling them she did not park on land they enforced and the landlord’s solicitors confirming with the County Council solicitors they were, ‘not seeking to police that area’, CEL were therefore not authorised to police that area. They only have a photo of her driving in, not parked, obviously. Interestingly she did not get tickets for all the days she worked only when she left at lunch time or at a non-standard time. She also sent a letter asking CEL to copy in the landlord’s lawyers whilst we were on holiday in February this year – they did not, so they issued court papers whilst we were away in February. My wife is fighting this claim and has counter claimed. The parties were to serve their papers Form N180 (agreement to mediation) on each other and to the court on 18 May. My wife served her papers to the court and CEL. However, she has not received any communication from CEL. She has written to the court initially to let them know she had not had the CEL N180 form and then after another week she wrote to the Court again and asked that CEL’s claim be dismissed forthwith. Please may I request some help from CAG - a. I believe she is within her rights to request a dismissal of CEL's case because of their failure to follow Civil Procedure Rules b. Is there a particular, correct set of words we can express for this? c. The ticket should never have been issued to her as she had paid for an allocated space on private land not owned by the Council, through her employers at the time. d. Details concerning her legitimate right to use the parking space have been sent to Lancashire County Council who employed CEL to act against my wife. The Council did confirm they would have cancelled them if they had received details earlier. e. I believe my wife also has a case against her previous employers as they took the money but did not help her subsequently and I believe she should take out a claim against them Please can you advise thank you BF
  9. Hi Georgina Karen you asked if i were fast tracked by a broker and mentioned that it could have been miss-sold. i did not pick up on that earlier, but will you pls advise why you think that, what you are doing about it and possibly send me a link? thank you very much Burmafriday
  10. Hi Georgina Karen i took it out in 2007. yes it was fast track and done through broker. I was doing really well in those days and i was able to prove my income. yes i was thinking of checking my arrangement too including the charges they imposed on me when i was in arrears. Well at least you have time. As i am actually going through this issue, my advice to you would be to put every penny you can away so you have some lump sum saved up at the end of the term to offer the lender. Seriously, put every penny away and save like made for the next 4 years. and if you can, think of moving to a repayment now or as soon as possible and even get rates from different lenders. (I cannot do this as i cannot prove my income now.) i shall be most interested to know how you got on especially with your MP - so pls let me know Good Luck. God Bless, All the best BF.
  11. Hi Ericsbrother thank you for your message. i do see and understand your explanation. Its a good idea. My reasons for trying to stick with this lender are a. i am 61, b. got a CCJ (which i am in a process of having it removed) i figure i have a better chance with existing lender as i overcame my arrears and was able to make over payments but then i guess they too will look at my current circumstance as well .... so i might as well check out other lenders. thank you again. all the best/BF
  12. Hi My problem is there is good equity in the property as it is worth far more than my the amount outstanding in my mortgage. So i am concerned that the lender may force me to sell. I am just concerned that the lender can take the view that I took on interest only mortgage so i am not a victims and i have to live with the consequences of my decisions. i know that its my responsibility to keep a repayment vehicle in place. I did have something in place but due to my serious illness which lasted about four years, that went as i had to repay the arrears and of course, i have not been able to catch up and make good my repayment scheme. thats why i am finding it really difficult to present my case to the lender and so i was asking if anyone can advise the best approach. thank you BF
  13. hi Ericsbrother thank you for this information. thats really useful. Based on your advice i checked this out and its very do-able and possible. In the meantime, my dilemma is how to present this to my lender so that they will be agreeable to 1. extend the mortgage 2. change to repayment 3. allow lodger any help and assistance you can give me in this will be gratefully received. i think i know what to do but just seem to be missing some direction. I guess I just need a bit of re-assurance. all the best/BF
  14. Dear Andy thanks for your message. sorry for my late response - i picked up some new chunk of work which kept me seriously busy. i appreciate your advice regarding keeping my daughter out. i shall do that. yes i have gone through the doc in the upload and i checked it a few times. The doc does not cover my situation much because mine is interest only. (BTW - I took it out for 10 years) it mentioned that the lenders grant a six year period as a buffer for repayment if they carry out a possession. Theres no mention of the lender extending the mortgage for up to seven years. Has this sort of facility have been granted to your knowledge? i went on the Money Advice site and carried out a mortgage affordability check using their calculator ... suffice it to say - i failed miserably. having been on that site, i do not think my ideas in my earlier post #6 will work. In the meantime I am chasing HMRC still for a UTR as it has not arrived yet. my only "credits/plus points" so far are a. i only defaulted and feel behind when i was extremely ill. b. i then not only caught up my arrears but made significant over payment on the interest c. since i caught up my arrears, i have never defaulted again and i have been overpaying for the last 3 years. ( when i used the figures of the last year in the mortgage affordability calculator, it should i could not afford it !!!) so i am seriously stuck as to how i can negotiate with the lender to give me an extension and change the type of mortgage to a repayment. i can clearly pay more than the interest only amount as i have done so for the last 3 years. is there any advice or guidance you or any one on CAG can give me on how i can approach my lender? look forward to hearing from you all the best/BF
  15. Hi Andy thanks so much yes i was already there and have been sifting thru reams of HMRC forms and guidelines the last few days...... its pretty simple for me as i do not have complicated or big income. my condition does not enable me to do long hours and work like a nutter like i did before. i can just do enough to pay bills. i was finding it really difficult to complete the forms and how to make correct deductions but now the coin seemed to hv dropped and i appear to hv sorted that issue. the key thing is the lender will want to see "affordability." thats the issue i do not know if my tax returns will show affordability i do not have an accountant or know anyone who can help in that regard. clearly i can afford the re-payments as i have been paying them throughout the period. this is what i now propose to do : 1. a financial statement for each year for the last 3 years to accompany the tax returns 2. a forecast for the next year showing a higher repayment per month to include interest + Principal. 3. I can try and carry out a forecast for the next to more years. One good thing - I had a chat with my daughter and she said she will contribute . Now, that will really help. But the thing is i do not know if i should mention it because i do not want the lender to force them to sign any paperwork. and of course, if i can get a tenant that would really improve my ability to repay more. again, i do not know if i should mention this., Does CAG have any guides regarding mortgages and "affordability"? Does CAG, have any sample formats of proposals for lenders concerning repayments? All the best/BF
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