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    • going by your figures    £5239.50 was added to the £21k loan making the amount we borrowed  £26239.50.   so the PPIPCM% was: ppi/loan+ ppi*100=%   5239.50/26239.50*100=19.97% so lets call that 20% so 20% of any payment made on its date was PPI.   now you'll have to fill out the statint sheet as if you haven't yet been refunded then add in the payment you got on its date as a minus figure on the sheet on its date to the sheet   that will tell you whats outstanding from the refund   thus what you owe today.   dx          
    • Next you need to send off for a breakdown of the charges the Bailiff applied.  . Here's an example,  use and ADAPT at will and best sent initially by email backed up by a copy in the post. . "From: My Name My Address . To: Acme Bailiff Co Bailiff House . Ref: Account No: 123456 . Dear Sir . With reference to the above account, Can you please provide me with a breakdown of the charges.  . This includes: a - the time & date of any Bailiff action that incurred a Fee. b - the reason for the fee. c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged. d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at. e - the date of the Certification. . This is NOT a Subject Access Request uest under the Data Protection Act S7 1998  You are obliged to provide this information. . I require this information within 14 days. . Yours faithfully . Ripped off customer" .
    • well no you did tell them you'd cancelled the fact that you omitted to pay one extra dd after that date is somewhat immaterial now.   your problem is you've done all this by email. you now need to stop using email and block and bounce them totally   using royal mail send harlands a letter offer them one months payment as you cancelled the dd without leaving 30 days for the next  payment to be taken. but refusing to pay any unlawful admin fees.   if they fail to accept that. you ignore everyone.   dx        
    • not your problem   use the custom google search on the top right    pcn claimform get reading up on what is to come if they proceed. and no you don't need to add to your defence.   dx
    • Hi Slick.    Originally my contract was with someone else and was a 12 month thing (which I was past) so I assumed it was a one month rolling contract. However when my gym changed ownership Harlands took over my DD (and put the price up).   I didn't tell the gym directly I just cancelled it with my bank due to miss information from my gym. The last DD payment was late last year probably around October time as this has been going on for a while with emails between myself and Harlands.
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    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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      • 0 replies
    • 30 Day Right To Reject - Vehicle Casualty Report. Read more at https://www.consumeractiongroup.co.uk/topic/415585-30-day-right-to-reject-vehicle-casualty-report/
      • 57 replies
tornado alley

My Father's £500 Congestion Charge

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A quick run down on my scenario: I've just found out that my 70 year old father has bailiffs hounding him for a supposed unpaid Congestion Charge in London. I'm horrified that an £8 charge is now being called in by a company called Equita at over £500 just a few months later after the alleged offence!

 

What I'd like to do is get this resolved as quickly and as fairly as possible. Having read through these forums tonight (very helpful BTW) to get some grasp of what's ahead, I'm thinking I should file a 'Statutory Declaration Out Of Time' to get back to basics on this mess and establish with TfL exactly what the CC fine is for (my father only has Equita correspondence - nothing from TfL) and in all probability pay that, but hopefully none of the £500 fees claimed by Equita for harrassing my father over an £8 charge!

 

My first question is this - are there deadlines for filing a Statutory Declaration Out Of Time? Unfortunately my father has been sitting on this Equita correspondence for a couple of months. First because he "thought it was nonsense / junk mail". Then more recently he secretly got stressed out about it all after he realised there was possibly a valid claim and seeing the amount claimed spiral up into hundreds of pounds.

 

My second question is - can I be the one sorting out this problem for my father? At 70 years old he's simply not up for the battle / stress or various processes involved. Can I easily do this 'as myself', acting on behalf of my father in correspondence / representations etc? Or is it easier / better to simply 'pretend to be him' when writing / phoning the relevant people in the days ahead?

 

'Pensioner Hit With £500 Congestion Charge Fine' is the kind of headline you might to see in the newspapers. I'm just hoping I can get Equita to release the hounds as harassing a 70 year old man for £500 over a supposed £8 CC is way out of line.

 

Any guidance on the above would be greatly appreciated. It could "make an old man very happy" as they say!

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Your first step would be to contact Equita and explain the situation with them. The debt has probably been signed over to them to recover on behalf of TFL so they would be the best people to speak to.

 

You need to also find out what the £500 is broken down to, as I cannot fathom a reason why after a few months it has gone up so high.

 

Legally, if your father drove within the CC zone and did not pay, he has a duty to pay the fee, and if not paid within that time, a penalty. However, your first course of action would be to speak to the agents authorised to recover the fine and explain everything to them - there is every chance they will be sympathetic and assist you fully!


Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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If your father did not receive the original parking charge notice (which is very possible) then he has grounds to file an Out of Time.

 

There is no time scale but the only concern is that as soon as this is diled and served then all enforcment action MUST by law CEASE until the matter has been determind by the TEC.

 

You have one problem. The person named on the Warrant of Execution ( this is given to Equita) must swear the Out of Time. Your father will need to do this. It is very simple indeed to do and you will need to take him to either the local County Court or any firm to solicitors to have his signature witnessed on the PE2 & PE3.

 

Equita have no duty to cancel this PCN. Their job is to merely to enforce.

 

If you need any further advise, please feel free to ask. Our office deals with these applications all day.

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Many thanks for the advice on this. I'll take my father to a solicitors before work on Tuesday this week to get the PE2 & PE3 forms witnessed.

 

Fingers crossed for a sensible reply from TEC on this. I'll let you know how we get on!

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Many thanks for the advice on this. I'll take my father to a solicitors before work on Tuesday this week to get the PE2 & PE3 forms witnessed.

 

Fingers crossed for a sensible reply from TEC on this. I'll let you know how we get on!

Take him to the county court they do not charge for this but a solicitor will.

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Thanks for the guidance on my original post. I helped my father to send off a Statutory Declaration, and yesterday (some 9 weeks later) he got a reply from the Traffic Enforcement Centre 'County Court Bulk Centre'.

 

The reply states "… the Court Officer's decision to refuse your application to file your Statutory Declaration out of time." It continues "… the Court Officer is not required to give an explanation for refusal" and concludes by offering the right to appeal through a form N244 for review before a District Judge in the County Court.

 

Back in May I viewed the claims of £500 'fees' for an alleged £8 Congestion Charge offence for my 70 year old father as both unjust and insane, but little more than an administrative inconvenience that would get rectified in due course.

 

However now, having taken the time to fill out forms to make it clear that the claim for 'fees' had no grounds (as no Congestion Charge Notice had been issued / received), this reply from an official body leaves me fuming! It smacks of unaccountability, injustice, bully-boy money grabbing tactics and is going to waste valuable court time for a case that can easily be resolved by the simple forwarding of documentation / evidence (surely a right in any democracy without having to go to court?)

 

Much as I'd like to not put my father into a court situation, the stance of the Traffic Enforcement Centre in their letter leaves us little option, so I fully intend to fight this case for my father every step of way.

 

Does anybody have any advice to give here, both on this individual case, and just as importantly, on the bigger issue of raising some kind of public / Government awareness about what I believe to be a shocking waste of court resources and public money? Our country can't seem to be bothered to bring knife crime offenders before the courts, yet Transport for London are dragging pensioners in to court to beg for delivery of basic documentation and a removal of fanciful, yet potentially financially crippling claims from over zealous debt collectors… what is going on out there?!

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I am concerned at the delay with the TEC. The local authority have 19 working days to either accept or reject your application. I would suggest that you contact the TEC to find out the date that you application was filed and the date they received their response from TfL.

 

Our office have dealt with many applications for Out of Times and it is the case that you will not be told the reason for the rejection. It would appear from your reply that you did qualify for one of the three grounds on which to apply for the Out of Time.

 

You will now need to file the N244 and state that you wish to " set aside the Court Officer's decision at the Traffic Enforcment Centre". You will need to provide further details on why you beleive that you have grounds.

 

For instance:

 

Did your father receive the original PCN from TfL?

Did he receive the Notice to Owner? This part is VITAL as without the NtO he would not be able to make representation.

 

You can always send the N244 in to the TEC and file further evidence shortly. We have done this many times.

 

I would strongly advise that you request copies of the statutory notices from TfL as our office have seen many of these notices recently that are still incorrectly worded and therefore non complianant.

 

The problem that you have now is that once the rejection has been sent, the bailiff co are of the opinion that they can now enforce once again. You need therefore to file the N244 IMMEDIATELY.

 

A letter needs to be sent to Equita to request a breakdown of the fees and inform them of your fathers circumstances. Also, do not forget to mention the N244.

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