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emmariec

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About emmariec

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  1. Hi Thanks for the advice I will visit the site and register it as a fraud and get a crime number - I will inform Lowell of this. I have again written to 3 to request the information they did not provide. I will upgrade it to a complaint re: your advice about them failing the SAR if they do not provide it as requested. I have advised Lowell of this and reminded them that we are strongly disputing this debt. I have stated this to them since our first correspondence. Lowells do have the correct address that the contact was taken out at, and it is different from now. As my dad's carer/partner had full access to his home, including keys etc, it appears that she did use his actual address to take out the contract (at least I assume so as this is the address on the bills that three sent to me). I will upload a scan of the letter when I get home. Thanks for the advice
  2. Hi everyone I would really appreciate some advice on how to handle the following: My father, who is severely physically disabled and vulnerable, recently got a debt collection letter from Lowell alleging a £400 debt to three for a smartphone contract that was taken out over the phone. My father is computer illiterate and never took out this contract. It was likely taken out by his ex partner and carer in 2015. I have written to three with a subject access request but all they have provided me with is copies of bills. They say they do not have any recordings of phone conversations from the time the contract was entered into. I need to know from them: - What steps were taken to establish the identity of the person taking out the contract and protect my father from fraud? - What bank account details are associated with this account or was the account opened without any bank account details? - What date was the account opened? - Who signed for the delivery of the device and where was the device delivered? They have not yet provided me with any information. How can I go about proving that this debt is not my fathers? Is the onus on Lowell to prove this debt is his if we go to court? Can they prove this debt with only bills as evidence? My dad is very vulnerable and on a fixed income with lots of additional costs as he is currently moving into supported housing and has very complex health needs. He can not afford to pay this bill which is not his. Advice very much appreciated. Thank you Em
  3. We should be ok now as the hotel chain have written us a letter stating the fine was issued erroneously on their land and they are liable due to not updating their system. The letter also says they agree to the set aside so hopefully this should be enough, even though the ccj was requested by parking eye and not the hotel chain. They really are just being idiots to object in the circumstances!
  4. The hotel chain has emailed husband stating that they would have cancelled the parking charge before it got to court if he had contacted them and they will cancel any other parking charges - they have also agreed to cover some of the costs of a setaside (again, in writing). Parking eye have also emailed hubby stating that they would have cancelled the charge if he had contacted them before court. However, they are now objecting to the setaside!!! This makes little sense to me as he has proof that his employer sent registration details to the hotel chain and written confirmation off hotel chain and parking eye that they would have cancelled the charge if he had contacted them - why now object to the setaside??? Looks like we will be filling out that court paperwork tomorrow. Do we need to include the email evidence with the court paperwork?
  5. Thanks for all the advice. Husband's employer notified the business (a major hotel chain) of his reg number via email and requested it be added to their database - this was as per their arrangement with the hotel chain and was in 2012. We have copies of this email. For whatever reason, either the hotel chain did not update their database or did not inform Parking Eye OR parking eye was informed but did not update their database. So the negligence was either on the part of the hotel chain or parking eye - it is proving hard to establish who as both are just saying his reg was not on their database. They have failed to deal with the issue of the email proof we sent them of the request. Hubbie did update his driving licence with the dvla but not his V5 (he is a new driver and did not know he had to) - we sold the car in April with the old address on the V5. Does that mean we have no case for costs or is ultimate responsibility that of whoever failed to update their database? This has come at a bad time as hubby is trying to open a new credit card to transfer a balance and avoid interest - he would have been fine to do this without the CCJ as his credit was excellent. Now we fear he will be turned down.
  6. Thanks for the advice - I did not realise that the fee was lower if it did not go to hearing. I will ask my husband to get written proof from them that they will not object to the set-aside. The paragraphs are fine, thanks
  7. I posted on a PC using sentences but not paragraphs - it seems to have done the paragraphs for me
  8. Hey all - this is my first time to post so any advice would be much appreciated. My husband works for a large utility company who has an agreement with a nearby business for overflow parking for their staff. The agreement is that the utility company emails the business the registration numbers of staff who will use the overflow car park and these are then passed on to Parking Eye, the parking enforcement for the business. On Monday my husband checked his credit report and noticed a CCJ from parking company Parking Eye - he contacted the court and established that this was for parking in the overflow car park. He checked with his workplace and they confirmed that they had emailed the business who offers overflow parking with his details in October 2012. He has copies of these emails. As such, he should never have been issued a charge. We moved address in November last year and so all the correspondence from Parking Eye re: this issue went to the old address. Both the business and Parking Eye have sent my husband emails stating that they will cancel any other parking charges and would have cancelled this one if he had contacted them but now it has gone to court they can do nothing about this. Is this correct? It is our position that the business or Parking Eye should be responsible for having this CCJ set-aside as they have admitted to erroneously issuing the fine in the first place. It will cost us £155 to have the judgement set aside - the CCJ itself is only for £190. My husband has a perfect credit score apart from this and so it is not an option to just leave the CCJ on there. Can anyone advise me as to whether the business or Parking Eye are able to have this judgement set aside or if it is true that there is nothing they can do? If we do apply to have this set aside ourselves, can we claim court costs from them and are we likley to be successful in this?
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