Hi Guys, Another case of NTK for over 3 hour stay at Bishop Centre Taplow from Euro Car parks. I received letter in the post to registered keeper with photo of my number plate at entering and leaving times. Unfortunately my partner did exceed the 3hr free parking time stay there. But done bit of shopping there which would be visible on the bank statement. I am preparing appeal to the ECP in hope they will cancel their invoice. Can you suggest any more legal wording I could add to the below draft? Dear Euro Car Parks As keeper of the vehicle, registration XXXX XXX, I have received your invoice number xxxxxx. The driver at the time tells me that they did substantial shopping at several shops in Bishop Centre and that they are therefore not liable to pay you any money. Please find attached redacted bank statement with charges from Tesco and TK Maxx confirming they were legitimate customers and to substantiate their length of stay on site. I kindly ask you to allow this appeal on above mentioned grounds. Should you decide to reject this appeal, please issue me with a valid POPLA code. At POPLA I shall be requesting breakdown of the genuine pre estimate of loss that you charge must represent. Since it was a free car park and not filled to 75% percent at the time there was no loss. Look forward to hearing from you, Registered Keeper

Hello Everyone. As per the thread title. I had one "bounced" direct debit to Close Finance. They have immediately issued a default notice. This is the first missed payment on a insurance repayment account in around 13 years. They are enforcing a "we may charge £30.00 for a missed payment. As before any help, comments and advise would be welcome. Thanks Regard t

Have received a B10 notice and when I called the court a hearing is on the 8th sept, I would like to have the hearing adjourned and not sure how to go about it. Tomorrow I am going to send a SAR to them, That do not have a CJJ and have not issued a claim. I believe they have issued a Statutory Demand. Its on behalf of Capital One Credit Card. Its possible I was paying PPI and have paid excess charges on the account. The Debt is only 2-3 months away from being statute barred. Its for a total amount of £1.746 which £400 is costs. Should I send a request for an adjournment and until I have all the papers back from the SAR .

Summary : I had been to a Car park which is adjacent to Rail station to drop by wife. There were road construction, and for safety reason I decided to pull the car into a Car park, and left the site in less than a minute. Exactly, at the same time, I been again to the car park, and left the site in less than a minute. The Car park has issued a Parking charge notice by picking up images of entry on day1 and exit on day2, claiming that my car was parked for 23 hours and 59 minutes and did not pay the parking charges. Parking Charge Notice issued by private car park accordance with the BPA code of practice 1 Date of the infringement - 1st dec 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 10th Jan (after 40 days of offence) 3 Date received - 13th Jan 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] no - it was accordance with the BPA code of practice 5 Is there any photographic evidence of the event? Yes - Entry image of Day1 and Exit image of Day 2 6 Have you appealed? {y/n?] Y – I said the fact as what happened. And also acknowledged that I was the Driver. Have you had a response? The response dated 25 Jan was very simple - Having carefully considered the evidence provided by you, we must advice your appeal has been unsuccessful on this occassion 7 Who is the parking company? APOCA 8. Where exactly [carpark name and town] Slough East Car Park, Slough For either option, does it say which appeals body they operate under. – Yes POPLA. I appealed with Popla on 8th Feb, and they have rejected on 8th Mar saying “In terms of the technology of the ANPR cameras themselves, the British Parking Association (BPA) audits the ANPR systems in use by parking operators in order to ensure that they are in good working order and that the data collected is accurate. Independent research has found that the technology is generally accurate. Unless POPLA is presented with sufficient evidence to prove otherwise, we consider the technology was working at the time of the alleged improper parking. Based on the evidence provided, I can only see one entrance and one exit for vehicle registration X. Therefore, in this case I conclude that the charge was issued correctly.” In addition I’ve raised the following points: “I gather that the Parking Charge Notice issued to me on 10th Jan (Notice to Keeper) does not comply the following: 1. The period of parking to which the notice relates to (POFA 2012, Schedule 4, paragraph 9 (2) (a) ), is missing from the Parking charge notice issued on 10th Jan, later this information was provided to me in the rejection letter 2. The deadlines by which the Notice to Keeper must be served, which differ depending on whether or not a Notice to Driver was issued first (paragraphs 8(5) or 9(5)) – the Parking charge notice was issued to me (Notice to Keeper) after 40 days. No notice was issued at the site. 3. Automatic number plate recognition (APNR) - Quality checks: before you issue a parking charge notice you must carry out a manual quality check of the ANPR images to reduce errors and make sure that it is appropriate to take action. In this instance, basic checks are missing.” they responded saying - I note the appellant’s comments however, the appellant has admitted to being the driver of the vehicle on the day in question. As such, the operator does not have to rely on PoFA 2012 to transfer liability from the driver to the Registered Keeper. Therefore, I do not need to consider whether the operator has met the requirements of PoFA 2012. I also mentioned that “In case, my appeal is rejected then it will be helpful if I can be provided with the evidence that my car was in the car park for the duration mentioned in the appeal rejection letter, the car has not left the car park on 1st Dec and entered again on 2nd Dec. There are several cameras at the site to make the car secure that can help to produce more evidence.” - No response I did attached my credit card statement that contains a transaction dated 1st dec that I been to Tesco Petrol station at Hayes around 8:20am but unfortunately, there is no time in the statement. in addition I attached the rail ticket credit card payment ticket for both the days, but again it was my unfortunate that the print on those tickets is missing the time of transaction. I picked my wife and her colleague from the Ealing broadway station on the same evening and can provide witness statement / contact details for verification. POPLA ignored all the evidence I attached to the appeal. It is very disappointing to see that these companies are making individual life so miserable, I've already spent more than a week since 13th Jan to understand and educate myself so that I can prove that I did not park. I would like to check is there anyway I can raise this complaint with APOCA, POPLA, ISPA and BPA. also, what else should I do so that they don't send me all those unwanted claim letters. It will really appreciable for your suggestions and thank you in advance.

hi guys been a few years since i visited forum however today received a claim form ccj from lowells regarding an alleged debt from shop direct assigned to lowells in 2012. ..now dont know what it is for as dont use credit, so intend to defend. .now question is.. .as i have no paperwork for this debt or any knowledge where to start? obviously i am time limited due to action now taken by lowells so any advice grateful for

My partner has a bank loan which unfortunately due to the Recession and being self employed has been unable to make the monthly payments. Wrote to bank and they agreed monthly £1 payments till things picked up. They have asked for an update on finances and so we sent them a Personal Budget Sheet with a letter explaining that circumstances have not improved and this could be seen from my income and reduced expenditures sheet. They have written and said that because of excessive spending on my phone £45 per month and £250 per month for travel and vehicle costs that they cannot accept the £1 offering. How can this be so ridiculous. He has to use the phone to get any work and the fuel cost is only £60 ish pounds a week. This amount has to cover repairs on my 7 year old Van, RoadTax and Fuel which he obvioulsy has to spend in order to get to do the work as an Electrician. Any advice would be greatfully received ASAP PLEASE.

Name of the Claimant ? Cabot Financial UK ltd Date of issue – 3 march 2016 Date to submit defence = by 4pm Monday 04/04/16 What is the claim for – the reason they have issued the claim? 1.The claimant claims payment of the overdue balance from the defendant under a contract between the defendant and halifax dated on or about October 23 2006 and assigned to claimant on June 27 2014 What is the value of the claim? £4695 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Cabot financial Were you aware the account had been assigned – did you receive a Notice of Assignment? I cannot recall a letter of assignment Did you receive a Default Notice from the original creditor? I think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don’t think so Why did you cease payments? Ex partner ran up about £35k of debts in my name, then did a bunk, I only work part time to look after our daughter, and don’t have any money for debts, so payments stopped What was the date of your last payment? Around October 2010 Was there a dispute with the original creditor that remains unresolved? Not that I am aware of Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? yes, and offered a lump sum of £500 in Full and final about 3-4 years ago Hoping someone can help me please, Restons have issued against me for an old debt that my ex partner ran up in my name. I've filled in the questions below that I saw asked on another thread. I'm posting the CCA request off tomorrow, I did a data protection request a few years back and I was sent unsigned terms and conditions and screen prints of my details thank you

Had a letter off Restons back in November telling me to set up a payment plan for an alleged credit card I had with Halifax for £13500 I can't recall any card I had with an amount like that on it. I rang them up and said I had a letter stating that I needed to set up a payment and asked them to send documents to prove i owed the alleged debt. The woman was very evassive and kept saying you must set up a plan or we will take court action. I repeatedly said until I have documentation proving I owe the debt I will not agree to anything. After being put on hold after I asked who do I write to have the documents sent to me, is, them, MFS or cabot, she came back saying she is not obliged to tell me and it is up to me to prove I do not owe the debt. I did a little research and found that Restons have a reputation of being evasive, non helpful and use bullying tactics to scare you into a payment plan. after some more research I found a conditional acceptance letter I sent off to all 3 companies(recorded) asking them for original copies of contract and other information that is required. I heard nothing back after 15 days sent the second letter of non conformity and asked again for documents to be sent across. I heard nothing from MFS or cabot, but had a letter from Restons saying I must set up a payment plan and that their client will not send out the documents requested as it is uneccessary and irrelevant. A couple of days later, 23rd December, I got court papers through the post where with costs they are asking for just under £14500 I submitted a defence online stating I have requested documents on the dates sent, and dates received. I stated I received nothing back in the 14 day time scale. I said I sent the request again and heard nothing back again accept the response from Restons and that I have nothing to say I owe the alleged debt. My issue is that I don't think I put enough in the defence and didn't use legalise terminology do I write to Restons requesting a CPR 32..14 for all documentation. Can I resubmit the defence with more information or did I respond too quick and done it all wrong. I had a letter from Northampton saying that they are forwarding my defence. In my defence I did also contest the durastriction of Northampton county court. Any help on this would be gratefully received and appreciated.

I have a charge order placed on my house by Bristol & Wessex Water for £1800. They recently sent me a letter stating that if I don't pay the full amount they will be taking legal action and apply for an order for sale. I then will be sent an order to vacate my property within 28 days. My house is owned outright with no mortgage and currently valued around £200K. I am living on a small private pension with no chance of paying back the debt. I went to the CAB who told me that I will end up homeless and living on the streets as there is no social housing available for single men. The Water company placed a CCJ on my credit record so it's impossible for me to borrow money to pay back the debt and keep my house. I could never understand why there were homeless people on the streets, but I do now. I will be joining them soon. What an idiot I was buying a house. If I had a council house I would have nothing to worry about and a safe roof over my head. I know a chap near here who lives in a housing association bungalow. He owes banks £73k and will not end up homeless. Comments welcome.

Hi There, I had a CCJ issued February this year at my old address, it was for a debt that went to default on 16/08/2011, I refused to pay due to an ex partner used my name to get a credit card and we split up many years ago, I moved last year so obviously they sent the papers to the old address, what can I do about this? Shall I phone them? At the moment I do not have the money to pay it Thanks in advance for your help Also I haven't received anything at my new address so I wouldn't of known about the CCJ until I logged into Noodle.

Hello again everyone. Unfortunately l have to seek help again on this site regards a PCN that happened in August 2011. I did open a thread about it in August 2011 but no longer can find it. Yesterday l received the now popular BW legal letter acting on behalf of VCS about an outstanding balance of £174.00,[ consisting of £120.00 PCN plus their clients initial legal costs of £54.00. ]. Back in August 2011, following advice from this forum and as l wasn't the driver at the time of the PCN being issued but registered keeper, we decided to ignore the threatening letters which, eventually, all threatening letters ceased. Until yesterday, 17th August, when a letter from BW legal and VCS arrived together in the same envelope dated 12 August, saying that if payment not received within 16 days court proceedings may be started. The driver of the vehicle at the time the PCN was issued has since passed away in December 2013. I have read on other posts of similar situations about sending a letter back to BW legal stating about the pre- POFA Act 2012, driver responsible and not the RK at the time of issue , but, should l also give the name of the driver at the time stating that they are now deceased and therefore can no longer pursue the payment and wish for it to be fully withdrawn ? Should l ring them and explain the situation ( which l don't want to as then they will have my phone number), or send a letter by recorded delivery ? Any help much appreciated

I am trying to pursue a company in Scotland via small claims court, I have received the paperwork back today Subject : Claims Issued Out Of Jurisdiction Please find enclosed claim forms returned to you for service, As this is a claim form to be issues out of the jurisdiction of the court. Money Claims Centre no longer servers the claim form direct to the defendant. The money Claims Centre has received this guidance from Court Business Support and as directed by a District Judge. Rule 6.4b of the cilic Procedure Rules only refer to general service by first class post to a jurisdiction within England and Wales and does not apply to foreign process. There is no provision to serve papers to addresses outside England and Wales I have rang PSU in Liverpool who in my opinion wasn't overly helpful in the pack returned I have :- Notice of issue (Duplicate) - I believe I keep this and fill in the missing dates of when sent, when it was received and date to reply Copy of claim form and submitted evidence - which I send to defendant N510 form - do I send that to the defendant ? Response form - which I assume the defendant needs to ? I need to know if I can put all the paperwork in the post and send via recorded method ? I need to know how many days I have to give the defendant to reply ? I know this is urgent and need to deal with it ASAP thanks for your support

I have received a Council Tax Liability Order because I was one month behind on my Council Tax. Ive now paid the month of October this year and Im now back up to date. Ive been paying it monthly, but not always on the date it was due. The liability order was issued on the 28th Sept and they want a sum way over what I owe for the rest of the year. I make it that I owe another 3 months of Council Tax (Nov, Dec and Jan) What do I do now?

Due to partners ill health and not entitled to any benefits - that's another issue, So with just one wage I have set up some agreements with my creditors and for the past 12 months have been honouring the payments. However, I have just received a default from very demanding £450 by the 28th which I simply cannot afford. It states that if I don't pay by that date then they will demand full payment of £650. Please help as I am worried that they will then just issue me with a ccj.

I have read a lot about court action failing because the Default Notice has not been served in the prescribed format. But in my instance, the alleged creditor cannot provide ANY Default Notice in any format, prescribed or otherwise. Does this mean that court action will fail, and if so, which section of the Consumer Credit Act applies? Any help much appreciated! Chris

Hi All, Received so much help and support way back in 2005-2008 which turned my life around. Unfortunately a DCA (CABOT) has re-surfaced issuing a CCJ Claim chasing what I believe to be a Statute Barred debt for Vanquis they have bought. I will post all details in the relevant place and look forward to your much appreciated assistance. Regards

Was quietly browsing my credit reports last night when I spotted on both of them that there was a CCJ listed. I check monthly and its the first time ive seen them. Was issued 29/12/15 by Northampton Bulk Clearance Centre. Called Northampton today and get a few details from them including the creditor, etc. Turns out ive been CCJed for a debt that I last made a payment on in 2006 and have never communicated in written form about ever. There were a few calls around 2008/9 from them but I requested more than once a copy of the Credit Agreement that they were unable to provide. Question 1, Is this debt statute barred? I think it is based on information on gov.uk. Next thing is the claim was made at my previous address but as I have lived at my current address for more than 2 years would the debt collector be naughty enough to deliberately issue against the wrong address in order to get a default judgement? Question 2, How do I go about proving that? There are a few searches on my credit file that have all returned my current address and as I am confident there is nothing else lurking in my closet I would assume these searches come from Hillesden. Question 3, Is there a way of getting the information on who made the search (and for what purpose) from the referencing agencies? Before the end of today N244 will be in the post with a cheque for £155 enclosed. Do I try and talk to Hillesden or their solicitors (I have their details) or should I just go straight for a hearing in person and try and resolve it that way. The logical thing in my mind is to give them an opportunity to either answer some questions or trip themselves up but usual advice tends to be leave them alone. As it stands with a CCJ on file I dont really have a lot to lose by taking the fight to them as hard as I can.

Hi CAG I served a claim on a company through MCOL I then sent my Particulars of Claim within the statutory 14 days but Unfortunately i messed it up. I did not send the particulars of clam in the proper format .... with numbered paragraphs, statement of the case and statement of truth. I sent two invoices which were outstanding and a covering letter as my particulars of claim. I have just realised my error, but i am out side of the 14 day time limit. Claim was served on 25 July and I sent the incorrect particulars of claim on 05 Aug. Can i send another Particulars of Claim in the required format? OR - as " Supplementary Particulars of Claim" or " Detailed Particulars of Claim" - all in proper format? I need help and advice. How do i get around this pls? How can I Now issue my Particulars of Claim please get back to me as fast as possible. thank you and regards Burmafriday

my letting agent (landlord) has issued me with a section 33 today. the reason stated on this is because i have not kept the property in a "clean and tidy" condition...i have photos that prove otherwise. There is no damage mess etc does any one know if i can do anything regarding this? i have 2 kids (5 and 7) and am worrying so much. im going to view a place tomorrow but the issue is rent in advance and deposit,the council said the DHP is unlikely to help me as they helped before with rent in advance and deposit for this place and i should get that back if my rent is up to date which it is. the issue is i have been told the landlord for my current property won't give me these until i have left the property and with the deposit she has another 30 days after the date i leave to make a claim on it. sorry for rambling but im at my wits end.

Hi.. Good afternoon everyone, I really hope someone is able to help me. This morning I've received a County Court claim. The perusing claimant is Mortimer Clarke Solicitors acting on behalf of Cabot Financial. The debt of £413 is from a Capital One card from 2004 (£213 of this is interest charges). The last payment I believe I made to (Aktiv Kapital) was back in December 2009, although I can't confirm this as I have a different bank account now, and I've made no contact or acknowledgement since. I checked my credit file in late December (screen shot attached) and seen they (Cabot) had registered 2 recent payment defaults against me. Just checked my file again today and it's disappeared, no trace of it. However it did show the default payment date recorded on the account was 29/01/2010. so would this make it statute barred ? Do I still have time to send off a CCA request to Cabot in the hope of delaying this, or have I left it too late ? Should I complete the section of the court claim document to Dispute the Claim as it maybe Statute Barred ? Please help, not quite sure what my next course of action should be. Kind Regards L

Hi, I rent some therapy rooms and book via an online system. These rooms are billed at £15 p/h and I make payments via PayPal. The booking system is quite bad and lets you mark rooms as paid (without paying) and can cancel and re-arrange appointments without notifying the owners of the therapy rooms. The owners stipulate that if you do not pay for a room on the exact date it is booked the a £50 fine will be added. They also stipulate that if you do not ask permission before re-arranging or cancelling an appointment a £50 fine will be added. This is not a signed contract, just simply an email they sent out last year. In the last week I have received numerous emails requesting amounts in regards to fines for rearranging or cancelling appointments from April 15 - April 16. Email One: Requested £400 Email Two: Requested £1400 Email Three: £400 Email Four £1400 Email Five: £3500 with a PayPal invoice attached Email Six: They have changed it to £7500 In truth, I probably have rearranged many clients without notifying them before hand, however I have always paid for the room used. The amount they are requesting is solely for fines. Is this possible? Any advice would be greatly appreciated. There is no way I could even give them this money if I even had it. Thanks in advance!

Dear all A current AST comes to an end on a property on the 17th August. When my agent enquired whether the tenants would like to renew, they told him they were splitting up. On this basis my agent advised issuing a S21 as he was concerned about affordability. The tenants are an unmarried couple with three children. One of the current tenants (male) is now starting treatment for a serious condition and now the partner of the sick tenant has texted me offering me 6 months rent upfront to stay when the AST ends as she says that they are working on getting back together and don't want the stress of moving. There is a guarantor already in place for this AST plus 6 months deposit. I am tempted to accept this as it will avoid a void period. Is there anything to be concerned about? I know Johnson V Old has ended concerns about registering rent upfront as a deposit. If I accept this, should a new 6 month agreement be put in place (as my agent suggested)? Or should I let it go on to a monthly rolling tenancy? What about the notice period and serving a S21 when the 6 months draws to an end? The female tenant apparently told my agent 3 weeks ago when we sent the S21 that she would stay on regardless (seems to have backed down on this though) - so I am slightly worried about her volatility. It would have meant I would have had to get a possession order. My agent's renewal charge is 4 %. Would you expect that a 6 month renewal means that I would pay 4 % on the 6 months rent? Sorry if this post is confusing. I guess I am asking if anybody thinks it might be a bad idea to let them stay on after the threat of staying after the AST expires. Obviously they still might if the council advises them to stay and the 6 months upfront would mean this potential disaster is abated but what are the issues after the 6 months elapse? Thanks in advance for any advice

CAG... I write this with good intentions but its becoming more and more apparent that ignoring DCAs is becoming a bad idea. Just like the case of Harlands / Zinc and Court, It appears Control Account are issuing claims. I attach the following example... The debtor of another site, which i will not mention was told to ignore Control Account PLC and is now being advised to try and get unequivocal proof of who the legal manager is, statements etc... Its becoming apparent that DCAs that are normally dont even consider legal action are now attempting it. There is a way to deal with these types of claim and using the below advice will steer you in the wrong direction. Please remember that just because an account is with a particular DCA, it doesnt mean you will beable to second guess them.

My landlord has submitted a claim and now I have a form for defense. I have been abused by the landlord over 4 years and last year I finally managed to have the council serve a notice for repairs which were done in the worst manner possible. I know the following: 1. I was never given details of my tenancy deposit being protected until now where I have seen them for the first time 4 years on. 2. The name on the claim form for the landlord is the wrong surname 3. The council requires a landlord to have a licence prior to submitting a section 21 and this was not done. 4. The court application for possession was made prior to the end of the fixed term of the assured shorthold which is June 29th and this was submitted on 26th May. 5. The second landlord (as there are two), does not reside at the address stated on the claim form. There are two boxes for two people and the second one is blank. What about issuing a counter claim for breach of contract under the Housing Act and Landlord and Tenant act for failing to carry out repairs once being notified in reasonable time for a period for 4 years? When would one submit this claim as a counter or is that done as an entirely separate matter in the courts? Shall post in 2 seconds.. uploading now here are the claim form pages Will make into a PDF. two secs Ok attached attachment.pdf

Hello, first post here having read through other threads. I received a FCN from Napier after parking at Willen Lake, i bought a ticket and it appeared to have blown off my dash into the footwell of my car. I returned to my car to find an FCN on the windscreen asking for payment of £80 or a reduced charge of £45 if paid within 14 days. I appealed to Napier through their online procedure explaining this situation and attaching a picture of my ticket. However they responded with a letter attached to an email stating that because i failed to ensure the ticket was displayed that im still expected to pay. In this letter though, it now says they will accept a £25 payment as a show of good will. Very simply should i just accept this and pay them, or is ignoring further correspondence the best route to take?