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    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
    • Hi DX, Sorry, fell asleep as I was up all night last night writing that statement. Yes, I attached the rest of the witness statement on post 50, bottom of webpage 2. That's the important part.  It looks like the lawyer who wrote Erudio's Witness statement does not work for them any more. So, I'll have another lawyer representing instead. Not sure if I can use Andy's hearsay argument verbally if that happens.... I did not put it in writing. Apart from not sending deferral forms, my main argument is that in 2014 Erudio fixed some arrears mistake that SLC made and then in 2018 they did the same mistake, sent me confusing letters. What is the legal defence when they send you confusing material?
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iqor - client wanting full payment of debt, please help


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hi

could anybody help please, i took out a loan in 2004 that i couldnt keep up the repayments too - i heard nothing for a couple of years then received a letter from the OC who said they were going to get me to sell my house, the debt was passed to iqor and I requested the cca - its is all in order and iqor are now saying their client wants full payment of the oustanding balance etc etc. i have spoken to iqor and asked if they will accept a £10 monthly payment as i was advised by National debt Line - they said send a letter in and we will have a look, now I kow the OC wont accept a token payment as i asked them before the debt was passed to iqor and I informed the OC that I had sold my house so they couldnt get a charging order etc - I dont own the house but obviously they think I do as I must have said so when I took out the loan, the loan is not secured. so i dont know where I stand tehre, i am only on incapacity benefit so dont have a lot of money so just wondered if it is likely that iqor will accept my payment or will the OC have something to do with it, please help, going out of my mind with worry and feel like topping myself, i dont wnat to lose my house. please help

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they can only have what you can pay, no more than that.

 

If you don't own a house, then they can't take it from you, or issue a charging order, as there is nothing to charge against. if the house is rented, then they cannot make you leave, or induce your landlord to make you leave.

 

If they refuse to accept your offer, just pay it to them in anyway, keep a record of all payments, correspondence, receipts and proof of all postage.

 

If they take you to court, the worst that will happen is that you will need to prove your financial status and will be ordered to make payments at a level you can reasonably afford.

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thank you but what do I do if they dont accept my offer - will i have to go to court. does it matter what the OC wants as they refused any offer I amde them so will Iqor accept my offer or will it have to be approved by the OC as they will just refuse it

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Hi there, if the OC and Iqor won't accept your offer of payment and it goes to court the judge will set payments at a rate you can afford. If you are in rented accommodation then you cannot lose your home.

 

Kind Regards

 

Ell-enn

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I would also point out that it is unlikely to go to court as you are on incapacity benefit and they will be aware that if it went to court the judge is likely to set your payments at less than the £10 per month that you are currently offering due to your lack of disposable income.

going out of my mind with worry and feel like topping myself, i dont wnat to lose my house.
Try to stop worrying (I know it's difficult) but realistically there is very little that they can legally do. As has been previously pointed out they can not force you out of your home nor can they get money that you don't have. Your incapacity benefit is designed to give you enough to live on. Any judge has both a legal and moral obligation to ensure that people have enough to life on regardless of how much they might owe to creditors.

 

This is a non priority debt and you should start treating it as such. By that I do not mean ignore it, but be aware that in terms of paying it it comes right at the bottom of the list after you have met all your essential outgoings and bills.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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