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  1. Hi All, Please advise on the following situation. I will try to make it short whilst providing as much information as possible. We are relatively new in the UK - I came 4 years ago and my wife came 3 years ago. We moved to Woking last year and never used trains from there as I work there and my wife was on maternity leave. She returned to work on September and when she was buying tickets from Woking to Bond Street (she is working there) the officer advised the best option would be to buy a weekly ticket from Woking to Addlestone and buy a Zones 1-2 Oyster Travelcard. He explained that one can travel from Woking to Addlestone via Clapham Junction and as she also has Zones 1-2 Travelcard, her ticket will be valid from Clapham Junction to Waterloo and then to Bond Street. So she can use it to travel from Woking to Waterloo and then from Waterloo to Bond Street. She purchased that 2 seasonal tickets and was travelling all September from Woking to Waterloo and then from Waterloo to Bond Street. Trains from Woking to Waterloo are regularly checked by on-train ticket inspectors and she never had any issues with them; they were checking her almost every day and saying that her tickets are valid and correct. So she traveled like this all September without any issues. On 1st of October, when she touched out in Waterloo Station, she was approached by a man who called himself a ticket inspector and he asked her to show her tickets. She did this and then he said that her tickets are not valid and she cannot travel using the tickets. She was a bit surprised and explained that on-train tickets inspectors were checking her almost every day and she never had any issues. He said that it doesn't matter and asked her to provide her details which she did. She provided all the details correctly. He then took her tickets and said that they will contact her soon. On the same day, when she came back to Woking, we approached to ticket officer and asked them to sell the most expensive ticket possible so that nobody could ever doubt it. And from that day she started to travel with the most expensive seasonal tickets. She is still travelling with that tickets. I want to specifically mention that she NEVER intended to avoid buying tickets. The only reason why she was travelling this way is because she was originally advised by a ticket officer to buy these tickets and she also was checked by ticket inspectors from Woking to Waterloo train every day and nobody ever told her that tickets are wrong. So she never realized they might be wrong. If the tickets were wrong why ticket inspectors were saying they are ok? We are on visa in the UK and definitely don't want any troubles, so we always prefer to pay more but avoid any issues. The fact that she started to use the most expensive ticket right after the incident proofs that. We've got the letter in December from SouthWest Trains Prosecution Department and they advised her to tell her version of the story. So she wrote them her answer, pretty much the same I wrote here. We've got their response today and they are saying that she was using incorrect tickets from Woking to Waterloo and they are going to proceed this case to the court because her actions constitutes a breach of s.5(3)(b) of the Regulation of the Railways Act 1889. This is pretty much the all story. I really, really want your help and advise with this. What can we do now? Can we sort this out by a phone and pay them the amount they want without going to court? If we hire a lawyer what are the chances that we will win the case? And if there is no way of avoiding going to court could you please advise which lawyer company is good with dealing with this? We are obviously not millionaires but we don't care about the costs in this case; we both are honest skilled workers and on visa in the UK. We never had any issues before, never did anything dodgy, we just honestly working, paying taxes, respecting culture and laws and living a quiet family live with our baby without disturbing anybody. If she gets a criminal record we will not be able to extend our visa here, will have to go back with our 1 year old baby, this will literally ruin our life forever. we are ready to pay whatever it is to avoid criminal record for her. Besides I really can't understand, if the tickets are wrong why on-board tickets inspectors were saying they are ok every single time they checked them? If the ticket inspectors ever advised that her tickets are wrong then she would have changed her tickets immediately like she did after this incident and the incident would not have been happen at all! I am really speechless! I will greatly appreciate your help guys! Thanks a lot!
  2. Hello back on 17/7/2014 I received a letter from trethowans solicitors saying my car had been parked at north middlessex hspital car park and that a breach of contract notice was issued to the driver there on 1/7/2014 and the charge of £40 had not been paid so they wanted me to pay as the registered keeper. I maybe stupidly ignored as didnt think it was. Turns out it was taken to a&e by friend and had very long wait there and didnt have the £13 in change to put in machine not that that was on mind at time. to cut long story short I have now recieved today court papers what do i do from here?
  3. ive just recieved a summons form nottingham county court for a 2003 Egg card from marlin using mortimer clarke solictors, ive read a few posts on here but i am struggling i know i applied online for egg card and never returned any of their paper work, ive just got my credit report and default date was 2009, ive done the aos to the court but dont know what my next step is. many thanks
  4. Hello people, I have found myself in an unwanted situation. Roughly 2.5 months ago I was stopped by a Revenue protection Inspector with my Fathers Freedom Pass. I accidentally swiped in his card rather than mine. My fathers pass is a disabled one and i am afraid whether it would get cancelled. It was a silly mistake and I did not intend to use it. The reason I had his pass was because we were moving house and me and him were going by train as he was in his wheelchair I swiped his card for him to let him through and put the pass in my wallet, then the next day i had to go to uni and I didn't realise I had his pass with me. I did a get letter asking me to confirm my details and write my version of the events at the back. But I ignored this and now i got a summons for fare evasion. IS it too late to settle this out of court. I am losing sleep over this and I am in my first year in UNI, I just dont want a criminal record for this incident. Thanks
  5. I have had letters from Lowell chasing an old Capital One account for quite a few years which I have always ignored. I have had many threats of legal action from various associated companies of Lowell which I have also ignored, however on Saturday (28th June) I received a claimform prepared by Bryan Carter Solicitors on behalf of Lowell Portfolio Ltd. They are stating the debt was assigned / purchased on October 2009, and they are after the original claimed amount (by Capital One) plus interest dating back to October 2009. Could do with some help on this one.
  6. Hello Everyone I received a summons last year due to incorrect information given by one of the employees. I attended 'court' and asked to see the judge. 2 minutes later the £125 was waived and I was allowed to make the outstanding payment before the end of March this year. I actually paid it off in the Feb, but in the same email confirming it was paid, they found an outstanding amount from 2011. I could not remember the circumstances of this and asked for copies of the bill which was refused. I then explained that I would not be able to pay the additional £100+ pounds plus my current council tax within the time. I asked on three occasions if I could have a financial statement, to show my expenses and this too was refused, despite them saying it would be counterproductive to send a court summons. I tried to pay a little extra for a couple of months but could not manage the amount they wanted. They have sent another summons. Of course I will be going back to court again, but want to know if they should have allowed me to send in a financial statement, because clearly if I cant pay the additional amount, how am I supposed to pay the court fine too.
  7. Hi all, I have this issue that has been on-going with Shepway District Council now for some years. My long-term partner was responsible for this bill only. Before she left, she stopped paying the bill and used the money to save up a deposit for her own flat - all of this, was of course unknown to me; I was blissfully unaware that I was building up council tax debt until long after she left. Once I discovered this, I immediately emailed the council, as was told that there were no arrears on the account. I concluded that I must have been mistaken. Shortly after this, I received a summons for non-payment. I emailed the council again, asking for all correspondence between us to be forwarded to me so that I could show the court that they had previously informed me that there were no arrears. This was ignored. I didn't attend court as I was unprepared by way of not being able to prove anything (due to their ignoring my requests) and I had just started a new job and wouldn't be paid for time off during my probation period (which I have long since passed). I then wrote to the council asking that due to this fact that they drop the extra £100 they added to my bill for issuing a court summons. They ignored this email as well (despite me getting a delivery notification); so I wrote to the Ombudsman - I informed them that what the council had said regarding the arrears and the ignored request for information prior to the court date. The Ombudsman found in their favour (oddly, they used the line "Whilst we can see that the line in their email, "There are no arrears on the account" could be misinterpreted, it was simply a mistake on the council's behalf and therefore we will not uphold the complaint. I'm not sure how the line was ambiguous, but hey! They all stick together it seems). I emailed several times requesting that we enter into a discussion with regards to me paying the arrears, each time (for the most part) the emails/letters were ignored, or deliberately misinterpreted - e.g. I stated the reason for any arrears being my partner having stopped making payments - they interpreted this as me saying "go after her, not me" - I have repeatedly said that I realise that I am liable and have no problem with this. To date, they have not told me how much is outstanding - I received bills requesting different amounts each time - they have not told me when the payments were missed, and they have ignored all questions about it. This year, I started to pay extra each month to cover the arrears, thinking that this was showing goodwill, and a willingness to pay. This resulted in them simply sending a 'non-payment' letter as the amounts were not what they requested. I telephoned them, and was informed that if I were to pay £154.00 each month, then this issue would be resolved. This, I did. I received a letter from them last week, again, stating that I haven't paid and that I now have lost the right to pay by installments. I again, emailed them, stating that I have indeed paid and sent details of the payment dates. I have just received an email informing me that I now have to pay the outstanding amount (for the year) by the end of this month or a summons will be issued. This time, I intend to attend court, and have emailed back asking for copies of all correspondence. I have records of all correspondence I have sent them - including all the letters and emails that were ignored. I doubt, given previous experience, that this request will be fullfilled. So, can anyone advise on what I can expect in court, or, indeed, if there is some way in which I can force them to engage in conversation with regards to repayment - so far they simply say "Pay it all" - without actually telling me how much it is, or for which period. I believe the period to be 2011-2012 but it's difficult to know. Thanks in advance.
  8. Hi In July my son was travelling by train from Bolton to Manchester to go to work. He had a monthly pass which he showed to the ticket inspector before going to the platform and catching the train. It was only when he got off the train at Manchester that another ticket inspector noticed the pass was two days out of date. My son explained that he had not noticed it was out of date as he had not used it for over a week as he had been off work for a week and offered to purchase a ticket. He was told all he needed to do was give him his details and the reason why he had not noticed the ticket was out of date which he did. He thought nothing more of it until last Thursday a letter came here for him (as he was living with me at the time) because he was working away he asks me to open any mail that may come here instead of his own address which I did and it was a court summons stating that the case was to be heard Dec 1st. I've spoken to him as he is still working away and he is not sure what to do. He can pay a £100 fine and it doesn't go to court, plead guilty and receive a fine of up to £150 or plead not guilty and if found guilty he could receive a fine of up to £1000 (the original fare he should of paid is £4.10). We're both really angry because the letter states he had received two letters in August one asking for an explanation and the other informing him of the fine because he had given them my address they would of come here and I definitely know they didn't. Also the documents are stamped 4th November and it didn't arrive until the 20th November! The documents have two witness statements the ticket inspector and an admin women who states two letters were sent and has them as exhibits. We both had a discussion on one hand should he just pay the early settlement fee of £100 he has until tomorrow to do that or should he plead not guilty as it was a genuine oversight and not as the charge states an act to intentionally avoid paying the fare. Any advice would be really helpful but we really need advice quickly as he only has until tomorrow to make a decision and send the documentation back for Thursday.
  9. Hi Hope someone can help. I am reading conflicting accounts regarding councils sending out summons for court appearances re council tax. On one hand, I'm reading it's illegal and, on the other, just came across this piece on the web which seems watertight. Please can someone clarify the situation? Many thanks. "There is no statute which authorises (or prevents) a council preparing a summons on the court’s behalf. Under section 51 of the Magistrates’ Court Act 1980 (http://www.legislation.gov.uk/ukpga/1980/43/section/51), a person can apply to the Magistrates’ Court for a summons. If it is granted, it is customary that the person applying drafts their own summons, which in the case of Council Tax is the Local Authority. There is no statute which authorises a summons to be issued by the Local Authority. The summons is issued by the court when the application is approved and endorsed by a Legal Adviser and the Council informed of the outcome of their application. The summons may then be printed by the complainant and that is now the normal custom in relation to all summonses. It is the responsibility of the person applying for a summons to serve it on the respondent and Rule 99 of the Magistrates’ Courts Rules 1981 sets out how that may be done, which includes by post. There is no agreement between courts and local authorities to do this, as it is the legal duty of the local authority in every case".
  10. Hi there, I was hoping for some advice regarding best next steps in my defence against Arrow Global Limited Egg loans. I sent out the CPR31.14 and CCA letters. They have responded with a copy of the signed agreement but only two years worth of the account statements and no copy of any default notice. I have a copy of their letter if you'd like to see that? Any help would greatly appreciated as I have very little time to submit my defines. Thanks, Will
  11. Hi there, about 2 months ago I got on a bus using my wallet to tap, I assumed my contactless took the payment, I had my oyster but wasn't sure it had money, got on the bus no issue I didn't really take notice it beeping or anything like that. I was approached by a conductor during the journey but I couldn't find my contactless, I didn't show my oyster because I didn't think it took the payment. The conductor took my detail and said I'd get a letter and I could respond with my bank statement recording my journey. Checked my statement and nothing had been recorded, checked my oyster balance and it had sufficient funds. I responded to the letter with this info and told them I assumed my Oyster card must have had sufficient funds to pay for the journey. They responded that it hadn't and nor did it have sufficient funds to cover me and that they will notify me of their decision. Last week I received a court summons! I am a uni student about to graduate, I've got no evidence to prove I paid and don't know what to do?! I accept that no payment has been recorded and so I would be due to pay the fare and possibly a fine but I really can't afford a criminal conviction. I didn't intend not to pay, if I hadn't it was pure accident, and this would be the first time I've been so careless in not assuring my payment was acknowledged. know I could possible settle out of court by emailing the prosecution team at tfl but I don't know what to include in my letter? lease could someone assist me, my hearing is in 3 weeks and my career is about to go down the loo if I plead guilty, even if I plead not guilty I have no standing and they'll probably find me guilty anyway. All help will be much appreciated thank you!!
  12. Hi, I have just been issued a claimform from Arrow Global Limited by their solicitors Blake Lapthorn. I have issued the acknowledgement of service and would very much appreciate some help and advice and how to defend this. Sorry history is quite long and apologise for this. In a nutshell, 1.Approached citifinancial in October 2005 for a loan of £10,000. Due to my credit history they were unable to offer £4,000 (or 4,000: cannot recall as I don’t have the paperwork and Citi have failed to provide this. It was at an extremely high rate and they sold me 2 different PPI policies, one for disability & insurance cover and one for takecare cover. I had pre-existing medical conditions and told them I did not need this as I had long term disability and sickness cover and life assurance through my employer. They advised that if I did not take the cover, the loan would not be approved. 2.Within a couple of months they rang to say I could now have the £10k and would give me a better interest rate. I went in to sign the paperwork and again they sold me another 2 policies. They were always up front policies with interest charged on them at the prevailing rate. I again reiterated that I did not need these policies but without them they could not proceed. I signed the paperwork and was not provided with a full redemption statement to show how they had arrived at the redemption figure bearing in mind I had paid up front PPI fees on 2 different policies. 3.3-4 months later, they rang again and said they could lower my interest rate but I need to complete a new loan form. I said I did not want to borrow any more money and if I wanted to lower the interest rate I had to add a small amount on, which I did. Again, they sold me 2 PPI policies, one disability and takecare cover and both added to the loan with interest. 4.The insurance application form attached to the third loan agreement is dated 21/7/2006 signed by me and witnessed by Citi, but I now notice that the CCA agreement is dated by Citifinancial 21/7/08. I also have a fax copy of the third loan agreement with a date of 1/9/2006 issued with an account. I am not sure why the loan agreement is dated some 2 years later by Citi. Maybe it’s their writing. 5.In early 2008 I complained to Citi about mis-selling so many up front policies that I did not need and had pre-existing medication conditions. They rejected my claim and I made a claim via the Ombudsman. 6.I lodged a complaint with the Ombudsman on 22/5/2008.In August 2009 the Ombudsman upheld my complaint and ordered Citi to put me back in a position had I not been sold the 6 PPI policies in total. They were also asked to re-calculate each loan on the basis these had not been sold, as the redemption figures carried forward to each new loan would have been different. Again, on the third loan which is the on-going dispute and which has been sold to Arrow was to be re-calculated on the basis of the new figures brought over to each loan and to also re-calculate the balance without those policies. 7.In early December 2009 Citi wrote to me with some calculations and a cheque for £3010.22 for a refund of the PPI premiums with interest. Their calculations were minimal and did not provide the new redemption figures and the new carried forward balances of each loan as instructed to do so by the Ombudsman. The PPI and Takecare cover premiums on the 3 loans were a total of £5102.05 and £2509.81 in interest, making a total of £7611.86 8.From that date on I have written to Citifinancial to ask for the full computations and calculations as it seems they only gave a breakdown as PPI refund due, plus interest and nothing else. They have not re-wrote each loan to reflect the totals without the policies and this in turn would have reduced the balance carried forward onto loan 2 and 3 and 3 being the loan still valid. 9.On 15/12/2009 I received a letter from Citifinancial saying I owed £10,194.46 10.Letter received 10 May 2012 from Citifinancial saying “some important news about your loan” transferred from Citifinancial to Britannia recoveries S.a.r.l. acting in the name on behalf of its compartment “Atlas” (Britannica-Atlas) and will be managed by Arrow Global Receivables Management Limited will take place on 21 May 2012. The transfer involves the assignment of all CitFinancial’s rights as lender to Britannica-Atlas who have agreed to perform the obligations of CitiFinancial under the terms of your Citi loan agreement. From May 2012 references to “we”, “us” “our”, “the Lender” and Citifinancial in your Citifinancial Loan agreement terms and conditions will become references to Britannica-Atlas and any references to the “group of companies” that include Cit will also become references to Britannica-Atlas. We are working closely with Arrow Global Receivables Management Limited to ensure a smooth transition of your account and they will be writing to you shortly to provide revised payment instructions. In the interim period, please continue to make payments in the usual way. 11.Letter received from Arrow Global receivables management limited is acting agent for Britannica recoveries S.a.r.l. – Atlas with Westcott Credit services dated 7 August 2012 with a statement from July 2011 to June 2012 showing a balance of £10,316.72. 12.Wrote to Westcott Credit services in August 2012 to advise Citifinal had not provided the information requested as per my SAR request, they had not re-written the loan as instructed to do so by the ombudsman. Also wrote in August and September to Arrow Global on 25/9/2012 for full SAR request. 13.Letter received from Arrow Global receiveables management Ltd Manchester saying an adjustment has been applied to your account so the balance was now £9320.78. 14.Letter Westcoff Credit Services dated 21/9/2012 balance of £9320.78 outstanding. 15.Letter dated 17/08/2012 from Citi saying Arrow will reply with SAR details and confirming I should write to Arrow Global Receivables Management Ltd in Manchester. 16.I then had to contact the Ombudsman again in 2012 as I became aware they had not reimbursed me for the Takecare policies as instructed to do so by the Ombudsman. The Ombudsman had to re-open the complaint, readdress the lack of full refund and on 1 November 2012 wrote to say it was correct, they had not refunded me for the Takecare policies and this would be forthcoming. Again, they could not provide the recalculated loan agreements as per the Ombudsman’s decision. I received a further £700 for these other 2 policies. 17. On 12/12/2012 I sent a letter to Arrow Global Receivables Management in Manchester for a SAR request with a £10.00 fee. They sent some information but nothing which I asked for. They sent me information that was more internal, a credit reference report In fact, minimal information. No statement, no notice of assignment and I have never received any notice of assignment. To be honest, I am not sure who owns the loan, Atlas or Global. The summons is from Global, but citi say it was sold to Atlas. 18.Letters continued to be sent to Arrow Global for the full SAR request but since nothing has been forthcoming. 19.Letter from Black Lapthorn dated 2/12/2013 saying they act for Arrow Global. Our client has purchased the debt and chasing payment. 20.Letter to Black Lapthorn dated 4/12/2013 saying I do not owe Arrow Global. I am still in dispute with Citi and still waiting for them to re-write the loans as per the Ombudsman’s instructions. 21.Letter Black Lapthorn dated 7/12/2014 saying I have submitted a data request but saying our client has received no such request but Arrow’s letter of confirming the £10.00 fee and the information was sent was worthless as it contained none of the documents I requested. They asked that I make another SAR request and send another £10.00. 22.Letter Arrow Global Bedford Row dated 3/9/2014 saying the notification of account transfer to new agency Black Lapthorn. 23.Letter 17/9/2014 to Blake Lapthorn stating I have never received any Notice of Assignment. I have sent a SAR request in 2012 along with Citigroup and Westcott breaching the regulations as they have failed to provide the documentation. I also state that I have already paid a £10 fee in this regard to Arrow. 24.Letter Blake Lapthorn dated 1/10/2014 saying we act for Arrow. Our client will reconsider suitable payments.If no reply within 14 days, they will issue court proceedings. This is now where I am up to with them, a court summons from Arrow Global, Bedford Row and their solicitors Blake Lapthorn. I am exasperated, exhausted and have spent some many hours of research and writing letters. I am prepared to defend in full and do not want to pay them another penny due to the constant harassment and total lack of consideration to provide me with the recalculations, and information requested by me and the instructions from the Ombudsman. Your help is very much appreciated and I can see it is a whole long history and I now find very confusing as to who actually purchased the debt as Citi say Atlas. I really don’t know where to start with my defence, I also want to consider a counterclaim against them for all the man hours, time and money I have spent on this just trying to get the data and information that I am entitled to. Thank you very much. J.
  13. Hi, I'm sure you helpful people must get bored of these but I would appreciate any opinions. I have an annual season ticket which I left at home one day on my way to work. I got to City Thameslink where I explained this to the staff member at the barriers. He made a phone call to confirm that I held a ticket and then let me through after filling in a form and giving me a small slip of paper to show he had done so. He stated that I would be contacted if they needed anything further. A few weeks later I received a letter asking for proof that I hold a ticket. I posted a photocopy of my season ticket and rail card along with a letter of explanation and thought that was the end of it. However I have now received a summons to court under bye law 18(2) claiming £17.30 rail fare and £120 costs. I understand that as I did not have my ticket with me then I am at fault. However I have never been given the opportunity to pay a fine and will now presumably have a criminal record. I work in an industry that takes an extremely dim view of any criminal record and I could be at risk of losing my job. This seems completely disproportionate for a simple mistake. I have tried contacting the prosecution office by phone and email but get no response. Do I have any options or is this just the way it is? Thanks in advance Forgetful
  14. Good morning all, First post so apologies if its a bit of a ramble, I received today a claim form from Northampton County Court, claimant MCE (Marlin) in respect of an debt with HSBC. It mentions a bank account facility and they are claiming over £10K. I got myself into debt in the mid 2000's trying to support my business with credit card and overdrafts and it all went horribly wrong. The weird thing is, this debt is actually 2 debts. One for the current acc and one for a credit card. I was harassed by Marlin in 2007, 2008 and 2009 and as I lived with my parents, they were getting most of the calls to their home number and the rest to my mobile. I know I shouldn't have but I paid monies to Marlin in 2009 but then received some debt advice and was advised to write to Marlin as it was felt that they did not officially own the debt. I made a CCA request but it was returned and refused as they said it related to a Bank account and was not covered by CCA. I wrote to HSBC and asked them to clarify the situation (no response) so I wrote back to Marlin and made another CCA request and never heard anything more. I got a letter from Mortimer Clarke a couple of weeks ago saying I owed them £10K and had to contact them as soon as possible and today I got the Claim for from the court. Can someone confirm my position regarding the CCA request, can Marlin combine 2 debts, a bank account and a credit card and then add on £4K worth of interest?? Do I have grounds to defend the case in respect of this? I am scraping by on less than minimum wage at present as I became a full time carer to my father in 2009 and since he passed in 2013, have struggled to get back into work. Thanks in advance for any advice offered.
  15. A few years ago I was self employed but not earning much so I was receiving housing benefits top-up. I decided to improve my prospects & enrolled in university for a degree. I applied for the full whack of student loans. As I was finishing my final year at uni I was interviewed for benefit fraud. My view at the time was, I was self employed if I want to go to uni and get a degree in my spare time that is my business, as I was paying the student loan back it is no different to me getting any other type of loan - apparently the law doesnt agree and a payment arrangement was set-up for me to repay the overpayment. I have been happily repaying the overpayment for well over a year now. So I was surprised when I received a court summons today about this very matter. I think I need legal advice now,can anyone help?
  16. Hello all. I’m hoping for some help regarding a ParkingEye county court summons. The background is I was falling asleep at the wheel of my car late at night on the motorway while driving home from a meeting at the other end of the country, so pulled into the nearest services for a nap and a coffee. I was aware of the two-hour parking limit and so set my phone alarm, but was so tired that it didn’t wake me and I overstayed my welcome. There were signs but I didn’t make any attempt to read them because I was aware of the two-hour rule and had no intention of staying longer. I did purchase coffee during my stop and the car park was virtually empty so I’m quite sure I did no harm, especially with it being an alternative to falling asleep in the fast lane. Thus far, I haven’t done the right thing with this ParkingEye saga and this latest development has had me in tears wondering how the heck I’m going to get rid of it without sacrificing my credit rating or my sanity. I run my own business and the last year has been tough, extremely tough. I’m up to my eyeballs in debt and have been working 18-hour days for months trying to stave off bankruptcy. Thankfully there is now light at the end of the tunnel but the last few weeks it’s really started to catch up with me. My head’s mashed, I’ve become an adrenalin-fuelled zombie and I’ve just packed my child off to her grandmother’s for a few days to try and catch up. It’s like I’ve thrown everything I’ve got at keeping our heads above water this year to avoid defaults and CCJs - and then along comes ParkingEye to slap one on me anyway for oversleeping in a car park. I don’t want to sound like a whingebag in explaining that, or to sound like I think sympathy will get me anywhere with ParkingEye. What I mean is I haven’t had either of the things one needs to get rid of ParkingEye: time, or money. So when their initial demand dropped onto my doormat my response was “no chance”. No chance am I paying £60 (upped to £100 for any dawdling) for 45 minutes parking when I can barely afford food or childcare. Yet I can no more afford the alternative: days of researching a fight-back. But appeal I did. I spent hours researching this forum and others, stated my legal arguments (primarily genuine pre-estimate of loss), but was so hacked off at being made to drop everything and respond to their demands in their timescale that I’m afraid it did deteriorate into a bit of a rant towards the end which in hindsight I regret. I may have suggested they take me to court, without having thought through the fact I don’t have the time or energy for that sort of fight. Needless to say it got rejected. So I set aside a morning to write my POPLA appeal but after a whole day of researching reams of information on legal arguments I took the decision that I couldn’t waste a third day on it, that I wouldn’t complete the appeal, that I couldn’t get it done properly before the deadline and that surely they wouldn’t take it all the way to court anyway. Instead I contacted ParkingEye’s client, the motorway service station, in the hope they might help this to go away quicker. I spoke to two duty managers and they were actually quite approachable and listened and promised to pass my details to the site manager. I haven’t had a response but didn’t chase them up, hoping they might have called off their dogs without feeling the need to inform me and so waited to see if I heard from ParkingEye again. Wishful thinking that was. The letter before county court claim is still sitting in my in tray, and of course now the actual claim form from Northampton County Court has arrived. Much as it would stick in my throat to do so, if I had the ever-increasing sum of money needed to make this go away I would, shamefully, pay it. I haven’t got spare days to research, prepare, write, attend court and fight yet more stress without driving myself into a big hole. I don’t think I even have the mental capacity to get my head around the legal arguments anymore but as a company director I cannot afford a CCJ against me. So I’m going to have to find the will and the time to fight this aren’t I? And hopefully I’ve made a start by posting this today. But goodness do I resent this pressure at having to defend myself from for such a miniscule crime that had no bad intentions behind it. Apologies for such a long post. Any general advice would be appreciated, but specifically I’m hoping for guidance on: Now it’s got to court summons stage, does the landowner still have the authority to call it off or is there no turning back now? Does anyone know if any public safety arguments have been made in court in similar cases when a tired driver overslept after trying to do the sensible thing and pull off at motorway services? Is there any defence in that angle at all? My main concern is the CCJ. Is the only way to guarantee avoiding one to pay up without going to court? Or to agree with the claim? Are there any clear lines of defence on this one that I might have missed? Thanks for reading and for a very helpful forum.
  17. Hi, I parked in a Civil enforcement Limited car park in February 2012 and didn't realised I had over stayed the allocated free parking time. The system was fairly new also and I didnt know that the pay machine was in the entrance to the downstairs supermarket as there are virtually no signage detailing what to do. They sent me a fine, to which I researched on the internet about what to do. All advice was to not pay, and send a letter to same effect. i did not admit I was the driver as advised online. I had one more letter then nothing more until last week when i recieved a court summons (N1) for breach of contract. The amount is £165. I dont know what to do now. I can't afford that or need the black mark on my credit. I tried calling CIvil Enforcement Ltd but the number on the claim form and internet are not working. Either saying the are not recieving calls or wont accept my PCN number. I have until the 28th of July to respond. I only just picked up the letter as I am living away from home while our communal roof is being fixed so I need to send something today or they will pass judgement on me as detailed in the letter! Many thanks K Hardy
  18. I really need some advise. I moved into a flat in Jan 2014, and was a full-time University student until June this year when I graduated. I received a 'summons' letter from the council in May regarding non payment of CT. I sent them my student exemption certificate in May. They received this, but failed to add my student discount. I lived alone in the flat. It was a 'studio flat'. I didn't know they hadn't applied my discount until I received another summons letter in August. I phoned them about this and they apologized and have now applied the student discount. However, they have not removed the summons charge and it is apparently £200!, it had increased from £60?. They basically said if I don't pay it, it will go to a company who will keep adding more money onto it. I called them a few days ago and they said to enter into a payment plan in order to stop the charge increasing. I agreed out of fear of that charge increasing but I will NOT be paying anything when I don't owe that council tax!. How do I dispute this summons charge?, surely it has to go to court before they can keep increasing the charge?. I'm very confused about it all. I'm currently receiving JSA and have very, very little money. Is there a way I can make this go to court?, surely the court will agree with me?. I have all the evidence from my University stating that I was indeed a student during that period. I also have all the letters that they sent me. If anyone can advise me on what to do that would be really helpful Thank you
  19. Hi Guys The missus has had a summons drop on the mat from Lowell Portfolio and the lovely Bryan Carter. Their claiming on a debt from 2007. My good lady thinks it's a very old loan, which she hasn't paid for well over seven years, but she can't be sure what the debt is from. They also mention a default notice, but she hasn't received anything by post, nor is there anything on her credit file. We'll obviously be defending, but could do with some expert advice on the defence wording. The particulars of the claim are here: "The claimants claim is for the sum of £xxxx.xx being monies due from the defendant to the claimant under an agreement regulated by the Consumer Credit Act 1974 between the defendant and HSBC Bank PLC under account reference xxxxxx/xxxxxxxx and assigned to the claimant on xx/xx/2007 notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. The claim includes statutory interest pursuant to S.69 of the County Court Act 1984 at a rate of 8% per annum (a daily rate of £x.xx) from the date of the assignment of the agreement to date but limited to a maximum of one year, amounting to £xx.xx" Many, many thanks in advance
  20. Hi, I had a Virgin credit card with a credit limit of £8,500 and could not afford to repay it. No payments or transactions in four years and the debt has been now been purchased by Arrow Global. With charges it's around £10k now and they have issued a summons and I have filed online a defence for the full amount. What is the best course of action from here. I have priority debts which I am having to deal with and they will have purchased this for a fraction of the actual debt and piled on the solicitors costs. Thanks for any advice.
  21. I was out of the country for a few weeks and stupidly forgot all about setting up a Direct Debit for council tax. Came back and immediately paid the 2 months owing before checking my mail to discover a summons to court for non-payment. It's on Monday but I won't be attending (I'm working at the other end of the country). I'm planning to pay the outstanding balance on Friday when I get paid, but is there anything I need to worry about or speak to? I don't want any CCJs or debt collection nonsense! Thanks in advance. (I'm absolutely rubbish at being a grown-up)
  22. My daughter , who is a vulnerable young adult, has been summonsed to court for non payment of Council Tax of £54 which pays it up to 31/03/15 ! they have added on £80 costs and a date of £15th August to appear in court. She only got the letter this morning and I immediately paid the £54 to the Council through their 24hour hour automated payment line. Can someone tell me what she has to do now, as far as I am concerned , she has now cleared her council tax arrears and had payed in advance up to March 15. Can she call the council tax people on Monday and call them off, surely she wont have to pay the £80 costs ? she has £50 per week to live on?
  23. Hi, hope someone can help me. In February this year my daughter answered the door to the TV Licensing person who she allowed into the house. I was out at the time so couldn't do anything about it. She had to give answers to some questions that were recorded on a statement. When I got home and heard about their visit I rang the TV Licensing office who assured me that if I bought a licence then we would not get a summons. Bearing in mind I'd only had the TV a month because we'd only just moved into the house. Anyway today my daughter has received a summons even though I bought a TV licence. She is really worried. The licence is in my name but summons is in her name. My daughter had only just turned 18 years old at the time of the visit and felt intimidated by the fact that she was read out the caution - ie you do not have to say anything but it may harm your defence etc. What I would like to know is I have just found the TV licence, which although I purchased mid February, states that it expires 31 January 2015. This means that when the enforcement officer came to visit on 12th February, it appears that the TV licence was valid from 31 January 2014 when in fact I didn't purchase it until after the visit. Does this mean that my daughter can plead not guilty?
  24. In the second half of 2012 my Mother had a couple of deliveries from Riverford. Fast forward to 2014 and three letters are sent in short succession (Apr, May, June) demanding £89.13 or it goes to court. On asking the details, supposedly some orders were placed in 2012 that were unpaid, which is odd given that they held credit card details. On questioning the demand they supposedly left various voicemails (my Mother changed her number sometime around then) and supposedly sent one letter in Oct 2013, almost one year later. Helping with the finances from time to time the letter never crossed my path. So simply requested the signed delivery notes, they don't use them. At this point the only information that is available is that there is a demand for £89.13, no delivery notes, and supposedly one piece of correspondence in an 18mth period. We have to take their word that any amount due is correct given that either the order was delivered and they just never charged it; that the order is false; or that the order was made but never delivered. I duly offered 80% of the amount as there is no point in them harassing my Mother who is a pensioner in her 70s. At which point they lodged a court summons. Normally you would expect a quarterly statement if there was an amount owing. On top of that, the summons was falsified as they are stated that they sent letters when in fact they themselves emailed to say they only sent one in an 18mth period after the supposed deliveries. Would you have any suggestions on the best course of action.
  25. Good Afternoon, I have received a County Court Summons from United Utilities Water for claim for unpaid bills for water used etc. I live in a rented apartment and water is supplied through a meter. I first became concerned in 2012 when I received a bill for water use that seemed particularly high (for one person living alone). After some investigation and telephone call with United Utilities, I discovered that the water meters at this building are connected incorrectly and the meter registered to my apartment is NOT connected to my apartment. I have established this by turning the mains water tap off (that is connected to this meter) and the water maintains full pressure in my apartment. Furthermore, I have taken a reading of the numbers (showing water consumption) on the meter registered to my apartment and then released a considerable amount of water from the taps in my apartment. I then re-checked the numbers showing consumption on the meter and they had not changed. From this, I concluded that the meter that is registered to my apartment is not the actual one connected it. I first became aware of this problem and reported it to United Utilities on 1st November 2012 where I was informed that someone would come and visit my apartment and look at the problem. I have since made several telephone calls (for which I have contemporaneous notes and a record of the date and time the calls were made) to report this and continue to make United Utilities aware of the problem. In addition, I have sent letters and have recorded delivery receipts. I have not received any response to my letters and during some of the telephone conversations I have been asked to prove (in writing) that the meter is incorrectly connected. It is impossible for me to prove in a letter how a plumbing system is connected and it would be necessary for a plumber to visit my apartment to establish this. When I mentioned this during a telephone conversation, I was threatened with a visit from a debt collector and was assured that they would not be interested in looking at the water connection but would be guaranteed to leave with payment of the money United Utilities allege that I owe. It is my intention to defend their entire claim but I wish to make a counterclaim. I suffer from depression and have (in 2013) attempted suicide due to the pressure from various debt collectors and United Utilities unwillingness to address the problem. Since this problem was first brought to the attention of United Utilities in November 2012, I have been in a position where I felt unable to use water in my apartment due to the knowledge that my water system was connected to another meter and someone else would be getting charged for my water consumption. I subsequently suffered increasingly poor standards of hygiene, have been unable to wash or flush the toilet correctly and in extremis have boiled rain water in order to make a cup of tea. I have had to make regular visits to my mother’s home in order to properly use the toilet and take showers etc which has involved considerable travelling expenses. My general health has suffered considerably and my mental health deteriorated significantly due to the threats issued by United Utilities and debt collectors pursuing me for alleged debt despite being informed of the problem. What would be the accepted or usual amount of compensation for my distress etc that I should enter in my counterclaim. The other main difficulty I have is that the court charge a fee for a counterclaim. My career sadly ended due to ill health and I do not have the funds to pay the court fees. It would distress me greatly to think that United Utilities were able to get away without even an apology for what they have done to me. In relation to this, the wider issue remains that United Utilities have continued to receive payments fraudulently from at least one other tenant in this building who is actually connected to the meter that is wrongly registered to apartment 5. I do not know and have no way of knowing who this person is or which apartment is actually connected to this meter. I do know that there have been a number of changes in tenants in several apartments and this issue could potentially affect a large number of people going back to the time when the water meters were first installed. It is my concern that due to the seriousness of this matter, United Utilities will try to rectify the problem in order to avoid admitting liability. Any general advice or comments would be greatly appreciated. Many Thanks.
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