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  1. I have read the thread Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016 am keen to use the template there as my defence, however my situation is "interesting" so would be keen to hear what you all think I can do/change in that defence template to adjust it to my situation: I received a claim via post from County Court Business Center, whereby Parkingeye are claiming £175 against me for overstaying in a services center (South Mimms). Claim date 10 Oct 2016 and I replied with Admission on 13th Oct. How it all started: I went to meet up with people I had never met before to go off road motorcycling. I drove my vehicle and trailer from where I live in Aldershot to the meeting point in the South Mimms services area. At no point did I notice signs about having to pay for parking inside the shops after 2 hours of free parking as I never went near the shops. I guess I was focused on where to go, where the people I was meeting were and where I could park the car out of the way. In any case, I met them, got all geared up and left, expecting to be gone only a couple of hours. I returned after almost 8 hours due to various reasons. Mainly that I ran out of fuel on my offroad bike, so had to push and splutter it to get back to the South Mimms services. Saying this, it would've only added maybe 2 hours at most to my returning time, so I would've clearly still been gone for 6 hours. However I did not know how long we were going to be gone in the first place. When I eventually got the bike back to the car, I packed up and left. Again, never having come close to the shops. A few weeks later I got a letter which looked well dodgy from a DCA. I looked online and everyone said don't pay them they are [removed]. I ignored that letter and maybe 2 or 3 more that came in the post. I then heard no more thinking good riddance. Now, a few months later, I got this court claim and have to go to court to pay this fee. I have read up on this a bit and it seems to me that if I just admit guilt, I could get a CCJ regardless if I pay now or not. I've decided to defend against the full claim. Not sure this will make any difference as I guess I am pretty much guilty for not being more pro-active in looking for signage. On google maps you can see signs in various places. However at the time I didn't notice them as I wasn't focused on that at all. I've lived in the uk for 7 years now and in that entire time I've used services areas perhaps 5 or 6 times. I never knew that there would even be parking fees as I've never seen machines dotted around like you get in council parkings. Again I guess this was a bad assumption on my part. Now I've gone into moneyclaim.gov.uk and completed the Acknowledgement of Service. However, I am unsure what to do next. I don't know if I should dispute the whole claim or part of the amount. Either way, I need to ask if any of you know how to proceed now, ie: Do I write a letter to parkingeye asking to pay a discounted fee, or do I just write up a defence and submit it via the website? I have bought the parking prankster's amazon book and tried to read as much of it as I can but it's very intimidating with information overload. I found the template he provides for a defence and thought I might start with that and try change it to cater for my situation but since your defence template on the thread I linked above seemed better, I thought I'd use that one instead. I'd like to attach a scan of the claim form but since my posts are less than 10, I am unable to. Any help would be welcome on how to proceed next
  2. I have posted a similar thread before for Brian Carter is he the same as Lowell if so just wanted to clairify the first course of action is to go on MCOL site and defend all, secondly request CCA, the original date of account was 8/8/07 and I did pay something but am more than sure I have not paid anything to them in the last 6 years. Please can someone just let me know if this is correct course of action. Greatly appreciated Mashmallow
  3. Hi, I was just wondering how best to deal with Moorcroft who have been hounding me. I signed as guarantor for my HSBC Ltd Co. business loan when I started up in 2003/4. Unfortunately due to a breakdown and ill health caused from stress etc the business had to close in 2007, following that I did try to keep making what payments I could afford towards the loan (the outstanding balance is around 20k) but haven't paid anything for about a year/year and a half, however loan doesn't appear on my credit file. Have been burying my head abit as going through a horrible divorce at the moment and not quite able to deal with this as well, have been ignoring all their threat o grams. just need to hold them off for a bit until the divorce is finalised I kinda know where I stand financially. To commit to a financial arrangement with them at the moment whilst everything is still in limbo is going to be hard, and having been pretty much a stay at home Dad since the business closed, I will have to rely on tax credits, CB and maintenance payments to provide stability for my kids until I can get back onto my feet after the divorce is finalised. Should I treat this loan as I would a personal one and send off a CCA request? Or would it be worth just offering Moorcroft/HSBC what little I can afford to get them to go away? As they are threatening me, that if they return the account to HSBC, then HSBC will start legal proceedings?
  4. Hi All, Request your expert opinion. My wife along with 3 other friends started a limited company few years ago. Due to situations, 2 of them opted to part away after a year. Both officially resigned as the directors but business continued with new partners. We didn't change the terms of the rental agreement on the commercial property though. Recently she received notification for failure of business rates. What we find now is that partner who took over from us had resigned couple of years ago and company has been taken over by new owners. Companies website shows that the company was dissolved in Jan 2016. Notification from council is for business rates for Apr 2016 - 2017 period. Is my wife liable for this payment. Also the notification has come to her personal name / address and not to the shop address. Thanks Suresh
  5. Going through some old files and stumbled on this scanned document of mine, in actual fact Bank Fodder was helping me this back in 2007 although I do not expect him to remember this the thread still exists. My question is this PPI, if it is can I claim this back going back to 2007 when the loan was paid off?
  6. Hi, I'm hoping someone can offer some help! (and sorry it is so long - I don't want to dripfeed) In January, I moved into a new build property. I contacted my previous suppliers (SSE) and asked them to move my account over to my new property - a simple process, I hoped. I was wrong! In March they came back to me to say that they couldn't take over my account, as British Gas had me classified as a business address. I then spoke to British Gas Business - advised them that the house is indeed residential, that I wanted it corrected to show this and a bill so I can pay my balance with them before moving back to SSE. They also updated my address, which they had completely wrong. They advised it would take 6-8 weeks in order to change the profile of my address, and for a specialist team to recalculate my bill. Also, that they would freeze my account, and to ignore anything that came through the post from British Gas Business, as the residential team would be taking over. During this time, the letters starting rolling in - a bill of £1500 for 4 months electricity, and letters advising that debt collectors would be coming to the property; that they were disconnecting me in 7 days, that they were adding £100's of charges on my account in late payment fees. During this period, I called BGB, who advised that it was still in process, and that there was a backlog. When I got the letter advising of disconnection, my partner got quite worried, so I called BGB. This time their adviser said that they tried to call me twice on my mobile to advise that I needed to sign a contract before I could be moved over to a domestic profile. As I hadn't answered their calls, they had cancelled my switch. (No letters, emails or voicemails left to advise of this) - the reason I didn't answer is because I work! During this call, I was told I now needed to pay £1750, or they would be continuing with their threats of disconnection and bailiffs etc - despite the fact they were still billing me for business tariffs. When I mentioned that residential prices would leave my bill to be less than half of this, I was told that "You can make an estimate of your bill and pay us that" - surely it's their job to bill me correctly, but never mind! Finally, after asking for escalation to a manager to lodge a complaint, I was told that they would again freeze my account, and pass this to a complaints team to handle - this is when I requested that everything was to be conducted through email only. Over the last couple of days, I have had an email from their complaints team regarding this. They have now moved my profile over to domestic; however will not recalculate my bill unless I sign up to a contract for Electricity with them. Also, they admitted to me that they were informed in February that the property was domestic, but just continued to bill me as a business. What else can I do to get this resolved, other than signing a contract with them? I feel it is grossly unfair to be expected to pay double the amount for my electricity supply, because their systems incorrectly had me assigned as a business. Equally, I don't want to be tied into a contract with a company who have treated me so appallingly.
  7. I was left with no option by my bank RBS but to submit a complaint to the Financial Ombudsman in my dispute with them. The dispute relates to Personal Guarantees for my former business which ceased trading last year and is now formally dissolved. The Adjudicator is claiming they can't consider the case as I am neither a 'consumer' as the finance is considered to have been 'acting for purposes within my trade, business, craft or profession.' nor a 'micro enterprise' as the business 'isn't capable of being represented and it can't raise a complaint'. They've used a court case BlueFin v Ombudsman to support their position with regards to my not being a consumer. So, despite having been a victim of extremely poor practice by RBS I am caught out by this Catch 22. Anyone had a similar experience or can provide any pointers on how I could challenge their response?
  8. HI, I wonder if anyone could advise me. I'm dealing with a very tricky situation with the local authority in which my husband and i leased a pub. To cut a long story short my husband passed away and i ended up giving back the pub to the brewery. I am now sorting out all of the residual debts left behind (mainly from the brewery) one of which appears to be council tax for the property we leased. I pay council tax on my own home which my husband and i shared. We never lived at the pub as we didn't want to and becaus the living accommodation was very poor and not big enough for our family. The pub was unoccupied other than the customres obviously. They had not applied SBRR which i have now sorted and got down to £800 for the year but they are saying i owe £1100 in council tax - surely i can't be liable to pay for council tax on a property i have never resided in - i thought business rates was what that was for, it doesn't seem fair If anyone could tell me legally whether this is correct i'd be much obliged, obviously iff it is it will just be another amount i will have to try and find every month on top of my own Shell
  9. Hi everyone! New business account holder here hoping to get advice! I set up a monthly standing order last year and the money left my account in Nov and Dec of 2015. From Jan 2016 until now I've been paying this particular expense via chip and pin. Honestly completely forgot about the standing order and the Bank never attempted to take out the funds strangely enough. Today I discover that a standing order of £700 was taken out of the account on Friday for that particular expense, which caught me by surprise. Called the vendor to ask for a refund (as I've already paid for the month) and they say it's not reflecting in their system. To cut the long story short, this vendor has changed their account number without informing me and now my money is in a holding account. Bank has told me to call back in 2 days to get a chaser pin to pass on to the company and the company will then pass this to their Finance team? This can take up to 21 business days I was told. My question is: Am I wrong in requesting for this payment to be recalled Asap? Everyone has been so nonchalant about this. No accountability what so ever!
  10. Hi Im writing on behalf of my brother in law who bought a used van via his limited company in November last year. Recently its been diagnosed that the injectors in the engine are defective and require replacement. This could be a costly repair. The trader he purchased the vehicle from gave him a 3 month return to base warranty which has obviously now expired. After initial queries the owner has come back and said the sale was a business to business sale and not subject to general consumer laws and the rights associated with this. Im not sure how to respond and could do with some help. So i guess the be all and end all is does my brother in law have any rights that would allow him to request a FOC repair to the van (my thinking is the 6 month consumer rule may be relevant in some form?) or does he just have to suck it up because he is not afforded the same consumer rights because the purchase was made via his limited company (which if relevant is very small i.e. 2 directors and sub-contract labour). Finance is with Moto Novo if that is relevant at all? Id be grateful if you could help me out with this one. Thanks Shane
  11. So, despite all of the bleating, the hype, the threats, the smooth posting on these forums and elsewhere, BES utilities have been found to be in breach of several obligations of required industry standards. This will come to no surprise to a large number of people who had dealings with this shabby company and in particular it will come as no surprise to the victims who have suffered from the unjust bullying that they have received at the hands of BES utilities and which in some cases have even destroyed their businesses and their hopes and ambitions. I see that as usual, not only as a regulator taken his time in sorting this out, but the resulting sanction amounts to a mere slap on the wrist and produces no real motivation that any utilities company to do any better. Part of the reason for the limited sanction is that apparently BES utilities cooperated and also admitted the breaches – even though, there were only denials elsewhere. Of course, it makes business sense that when you've been caught out that it is best to put your hands up as quickly as possible and it seems as if this is what BES utilities have done to the regulator despite being in denial to their customers and elsewhere. It has now been left to BES utilities to approach their own customers with proposals of redress. Will they go about this in an honest and decent way? I'm sure that we will find out eventually on this forum and we invite all victims of BES utilities to come here and tell us whether they have received an approach and whether they are satisfied with the way that it is being handled. For people who are looking around for somebody to manage their energy supply, frankly we suggest that you avoid BES utilities for at least two or three years until they have established a track record of straightforward straight-dealing. https://www.ofgem.gov.uk/publications-and-updates/investigation-bes-and-its-compliance-its-obligations-under-gas-and-electricity-supply-licences-standard-licence-conditions-7a-7b-7-14-and-21b-and-consumer-complaints-handling-standards-regulations-chsr-2008 BES utilities have previously come onto this forum in denial and also to assure us of their best intentions regarding their customers. I wonder if they have the bottle to come onto this forum now and to apologise and to explain to their victims what the next step is.
  12. Apparently there is a voluntary code of practice in place which now limits back billing to 3 years for micro-businesses. http://www.energy-uk.org.uk/publication.html?task=file.download&id=5196 A micro-business is a business with less than nine employees. Apparently many of the suppliers have adopted back billing practices for micro-business customers which are better than the three-year maximum. If anyone has any comments or examples to show, please post them here.
  13. Hi Bit of a long story I rented a room out and my husband also needed storage so he rented a 'cupboard' ( no electricty / power points or anything). I made the mistake of putting my name on both because I didnt realise the whole to do with rates. So i had my name on both for a couple months and the lovely council sent me a huge bill - I managed to speak to rates and the allowed me to fill in relief forms and send back by email. I was then told i had nil outstanding. fast forward to last week and the bailffs turned up on my door - apparently because id had the cupboard in my name as well as a room i owed £174 which i had no paperwork for so they hammered my door down for £500 ! of course i paid it as two burley men clamping my car on my driveway was a tad embarassing ! At the same point this cupboard was in my husbands name for a whole 2 months - again i filled in the paperwork but the council told me they couldnt read the paperwork and that it was put in his name up until now ( it was released in july last year so maybe the owner hasnt admitted to this ? or they cant tie up dates themselves! ) I told mr bailff that was wrong info and that my husband does not by any means owe £900 towards the rates on a cupboard ! he said ok ill leave that one and let you contact the council ! In the mean time i panicked (understandably) and i emailed the guy helping me at the council - starightaway he emailed me back the relief form and i had it filled in and emailed him straight back Bailiff came wed 25 - i had emailed council back by 27th In this time ive had a week away with the kids, just walked in and Mr Bailff - although he said he would give me time to resolve and he has my phone number ! has written to my husband on 27th (im not sure if the dates have crossed over ) and weve walked in for it to say hes arranging for removal men to come in to my home and take goods away for the value of £900 ! so now its 7 days today - im not sure if the council have notified him that ive tried to resolve the problem and im absolutely panic struck now for what the weekend may bring i dont know what to do with myself next if im honest - the company dealing with this is called equita PLEASE can someone help me ? Im at my wits end I thought he may have called me too to let me know of his intentions - plus when he walked in he saw that we were going away as he stepped over the packed case and watched me take our spends out the tin
  14. Hi all. Today I have received a claim form from BW legal on behalf of VCS. The ticket was issued on 26/06/2015. I followed advice on here r.e ignore it, however this has now come through. Help & advice appreciated!
  15. Hi, My business partner and I are going to be registering our company very soon. I know that somewhere into the process, we're going to need to open a business bank account and designate that as our main account for the business. About 3 years ago, I opened a business account and had a business loan that was connected with that account when I opened it (by Lloyds TSB). This company was as a sole trader and wasn't a registered company. I had some payment issues and the business account was eventually closed, as I'd missed some loan repayments/late payments, etc. Ultimately, the loan was sold on by Lloyds and I've been paying it back ever since. I didn't go bankrupt or anything like that, and the loan wasn't a large sum of money. But I lost the business bank account in the process. I've been paying off the loan ever since through a debt consolidation company and all is fine in that regard. I was wondering if I'm likely to experience issues when opening a business bank account now? I'd use a different bank and I wouldn't be looking to get a loan or anything like that. It would purely be myself and my business partner using it as our official business bank account. Any help on this would be much appreciated,
  16. Hi, I have just received a claimform from Hadfield & Co Solicitors on behalf of my old Uni. It is over an extra module that I had taken but didn't complete due to dropping out of Uni entirely due to personal reasons. I accept that I owe the module amount, which is £578 but they are claiming an amount of 726.11 plus a £60 court fee and £70 legal representative costs - £856.11. They had assigned a debt collector, who I was about to enter into an agreement with around September 2015. I can't remember the name of the company after one phone call, they sent me an income/ expenditure as I proposed £20 per month (I'm not earning much at all!) I filled in said I/E and sent it off but heard nothing thereafter. After a lot going on in my life, I have to say I didn't really give it too much thought until a Claim form came through the post. Surely they are supposed to send letters? Like I said I have had one phone call and I was happy to make an arrangement, I really can't afford a CCJ against me! The particulars are as follows; The Claimant claims £578.00 in respect of 1. University Tuition provided by the Claimant at the Defendants request, full particulars whereof having been supplied by way of Claimant's invoice dated 23 October 2012 to 23 October 2012. 2. The Claimant claims the further sum of £148.11 pursuant to S.69 of the County Court Acts 1984 at the rate of 8.00% from the date on which the invoice(s) were due to date. 3. The Claimant also claims statutory interest at the above daily rate of £0.13 from the date hereof to payment of Judgement, whichever is the sooner. 4. Costs I'm not sure if anyone can help me, but I have already acknowledged the claim online and I refuse to bury my head in the sand any more! I already have one CCJ registered against me, which I have been told from a friend that had I defended it, I could have had it dismissed! Thanks in advance!
  17. I have been told that I don’t need to pay business rates and I would like to find out whether it is in fact the case. I have a shop with empty living accommodation above. I have to pay 150% council tax for the domestic part as no-one lives in it along with standard business rates. The rateable value is approx. £3000. Someone else with a similar property he said that he had been advised that refunds don't apply to semi-commercial properties. Does anyone have any firm knowledge of this and can advise on what would be involved in obtaining any refund? I'd like to be armed with some facts when I approach the local council about it.
  18. Hello All, Today I have received a claim form from CCBC. Here is the fun part... It is from a credit card I had in 2000. Long story short, I lost my job, got in a pickle and ended up (stupidly) going to a "get debt free within 5 years" company. The company then left me in a big pickle after telling me they wont be able to get me debt free within 5 years (3 months before the 5 years were up) The last payment they will have had from me would have been around Nov 2008 - Feb 2009. I checked my credit history on Experian in August last year and this isn't showing? Any ideas? Do I reply? Will this risk sending things back to square one?
  19. I would appreciate some advice on opening a business account. Myself and a group of other people have just set up a cooperative. It is a not for profit organisation and we are a registered cooperative with FSA. We desperately need to open a bank account in the cooperatives registered name in order to meet the requirements of potential funders. However we were declined by the cooperative bank (irony!) and I need some advice before applying to other banks in case we jeopardise our chances of acceptance. I think that I am the problem because as a result of a recent bereavement I'm not on the electoral role (I moved in with my sister for almost a year and I forgot about filling in the form when I moved into my new place). I suspect that my credit isn't good anyway. Is it possible to just have 2 other members as signatories on the bank account or would that make no difference ? Is it easier to get a Community bank account ? We need to have 2 signatories for withdrawals so I'm not sure if something like cashplus would meet funders requirements. We don't need/want borrowing facilities, just an account where money can be payed into and we can operate the cooperative. Advice please ?
  20. Hi all, my husband has held a Barclays business account for about 7 years now. The charges over that time are ridiculous. Every time he was getting a charge of £35 per failed dd. I have now noticed they have reduced that to £8. Since this massive reduction I assume they have realised how unfair this charge was. Do you think I could apply for these charges to be reimbursed? Even though it's a business account. Thanks
  21. Hello - I'm new to the forum. I come across the site after searching for ways to sort my defaulted account so thought I'd post up a summary of my situation to see what advise you can give me. It has been around 3 years since this started so fees and owings may be a couple of pound out. Everything started after being a couple of days late with car repayments. I was charged £40 each late payment by the car finance company and then circa £60 by Lloyds because it went over my overdraft. When I eventually went over my £100 overdraft after paying the car payments, to approx £125, I had a phone call from Lloyds offering a monthly payment agreement which consisted of £10 per month (£4 was fees). I paid the £10 for the month and then got another £60 charge from Lloyds. I immediately phoned up to which they said that this is for the month before making the agreement. So I agreed and carried on paying the £10 a month. The month after, I got another £60 fee. I definitely did not owe this. I rang up and discussed this to which they said I owe them this for whatever reasons they gave. I had already paid the £10 that month but told them I will not be paying the next month. What is the point in paying £10, which is actually £6 off my outstanding balance and £4 fees when I will only have to pay £60 more fees. 1 step forward 2 steps back. This obviously then entailed more fees to which Lloyds offered another agreement. I agreed another £10 per month agreement as it was the only way I would ever pay off what I owed. I paid the £10 and then got another £60 fee for after the agreement was made! Back to square one. I didn't pay the month after, more fees were applied, we then agreed a third agreement for £10 a month. In my head it was the only way I was going to get out of this situation. My frustration was huge but what could I do?. I spoke to a different person every day who has no clues or notes about what has been going on the past months. Wires kept getting crossed. Admin errors kept getting made and I basically kept getting shafted. Guess what happened next? Same again! I then went to the bank manager of my local branch who said she couldn't deal with the people on the phone but did anyway. After her being on the phone for over 2 hours she said there are wires being crossed due to dealing with people in India and England and their databases don't seem to be synced up. After more time of me saying I don't want another agreement and would prefer to be took to court......... another £10 per month agreement was made . Yep the same thing happened 2 months after. Since then I have sent letter to an address in Birmingham I was given but have had no reply. The debt has been passed to numerous debt collecting agencies but when I explain what has happened it always gets passed back and then sold to someone else. What can I do? The account has defaulted at £518 which I only noticed when I signed up to Experian 2 months ago. I was hoping to get a mortgage next year but that is obviously not a possibility now. I was also never sent a letter telling me I have that default against me. I was thinking sending a letter to the highest person possible but what use would that do me? I've been fighting this for years but keep going round in circles. Sorry for the long post which doesn't give a lot of details. I have copies of my agreements but have no proof of any of the phone calls. I would really appreciate some advice... anything to keep my sanity. Thank you.
  22. HSBC Warning To anyone thinking of opening a bank account with HSBC, I've just had a credit report from Experian I was shocked to see HSBC had never notified me in any way or form that they had black listed me back in October 2012, it relates to a direct debit of £50 being returned but paid in full four days later,through one single direct debit being paid four days late HSBC have totally ruined my business for a period of 6 years, as its now impossible to obtain any loans for my business, I have obviously raised a complaint with the financial ombudsman today being 15th March 2016 I spoke to a Representative from HSBC dealing with my complaint regarding me unable to obtain loans through HSBC blacklisting me, she could not care less it was a total waste of time, but I intend to post on you tube the letter that I received from her together with the bank statement showing the direct debit being paid in full only four days late, also the information that HSBC gave the credit agencies, which was worded non revolving credit. No one including the Financial ombudsman can believe how HSBC has black listed me without informing me in any form.so now I will be posting this on you tube warning people to be very careful before banking with HSBC obviously I will not be banking with them in the future, I believed HSBC were there to help self employed businesses not to ruin them like in this case,
  23. hi people, need a bit of advice on what to do about a venture im going for, Iv been a DJ for private functions for a long time usually working for someone else, but now I want to work for myself, I have all my own gear and am established within my local area but id like to take this to the next level. theres one issue though, I have bipolar effective disorder, and in early stages of treatment, so im in the support group for long term employment & support allowance. I have gotten permission to work up to 15 hours a week under the permitted work scheme, which is great for me, I only work one night a week as I cant really handle more than that and if im in a low episode I don't really work at all until it passes (usually only lasts a week or so). But I have to do this as self employed because DWP know im earning something. so iv asked permission from my local council to run the business from my home, and now I have to go about self assessment and NI contributions. im confused how to do it because ESA pays my NI so not sure how this all works, any help/advice would be much appreciated. Im not someone trying to fob the system, im genuinely not well enough to work part time or full time hours as im too unreliable but I still feel I need to do something when I feel I can as it really does help with my self confidence and skills (which im hoping will pay of once im better and can come off ESA)
  24. Hi I'm having a complete melt down - can someone please point me in right direction for business rates question !
  25. Good afternoon, We have been going through a living nightmare with the above company - they are related to Lloyds Bank. We have been fighting them in the courts and we won our case and now we have a fresh complaint and they have just admitted that they have tacked it onto the end of our previous case! This is not what we want or asked for - and they are refusing to deal with our fresh complaint on its own grounds - even though it is a completely different matter. TMB have a disgraceful habit of blatantly ignoring customers and I was wondering if I can use the BCOBS rules to bring them to court again? The judge sided with us in our case and we won - but they broke the law and acted illegally during our case - and we need to have some recourse as they have put financial penalities on us to the tune of £25K!!! Help please as they are literally causing us to mentally suffer extreme anxiety again. I cannot go through this again. Nor can I let my family watch this over again......
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