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    • Hi   It a bit late now as you have sent them a letter before action but I would have waited for their response to those questions especially number 1. and to clarify for you asking these question would not put you in the position of Mears implying that you agree the money is owed as this money for the Roof Repairs is in Dispute with yourself (Landlord).   I would wait and see what response you get from Mears.   Also have a good look at Mears website and see what other bodies they are registered with   In the mean time something else to consider sending Mears is a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase covers all data they hold whatever format they hold it in whether it be recorded calls, written, emails etc.   They then have 30 Calendar Days to respond to your SAR Request, this time limit only starts once they acknowledge your SAR Request.   If they completely ignore your SAR Request then you make a complaint to the Information Commissioners Office (ICO):   Your right of access ICO.ORG.UK     What to do if the organisation does not respond or you are dissatisfied with the outcome ICO.ORG.UK   Make sure and put it in writing and get Free Proof of Posting from Post Office   Note: a SAR is now Free there should be no cost involved due to the DPA 2018 & GDPR 2018   I know I have asked a couple of times now but is there any reason why you can't post up a Redacted copy of that Agreement with Mears (in PDF Format)?    
    • Sorry I can't edit the post now meant to change it so that the Claiment is (lowell portfolio LTD)   I have done everything you have said already.   registered online on the GOV site, I have my date set already to file for defence which is 2nd February, CCA request sent off along with CPR forms recorded with postal order.   I have had a reply back already from Overdales sending me the same CCA information as last time.   All that is left to do now is file my defence online. Overdales no longer wish to respond to me unless I make payments. I will file my defence online Thursday next week. (my DO work)   post #6 has the CCA information overdales sent me as per post #20 if you could cast your eyes on the PDF document again they don't seem to have sent much and it's what they appear to be using in court.   Would you say that is enough info for them to use should it go that far? my defence is that they haven't supplied all the paper work to make and informed decision about the debt and they haven't complied with any S78 request or offered any explanation as to the missing documentation I have asked for it has left me in a position regarding payments to any debts up in the air because there isn't enough information regarding the debts.   Thanks   Again
    • name of claimant is not overdales - a solicitor representing a client cannot be the claimant.   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site Go to HMRC's login page. Click the GREEN sign in button. Click “Create sign in details” Enter your email address where asked. You will now be emailed a confirmation code. ... You will now be issued with a User ID for your government gateway account.  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant ...YOU MUST SEND A CCA REQUEST FOR EACH DEBT IN THEIR POC https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............      
    • Which Court have you received the claim from Northampton N1   Name of the Claimant ? Overdales   Date of issue –  31/12/2021   Date to submit defence  - 2nd February    Particulars of Claim   1. claim comprises of the following agreements the defendant entered into: a) shop direct financial services current balance £937 B) shop direct financial services current balance £3742   2. The agreements were terminated as payments were not maintained and subsequently assigned to the claimant A) total sums = £4679 B) interest pursuant of s69 £374 c) costs   What is the total value of the claim? £4680 = with court costs and interest = £5609   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CATALOGUE   When did you enter into the original agreement before or after April 2007 ? AFTER 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? ONLINE   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? YES   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. DEBT PURCHASER (LOWELLS HAVE THE DEBT AND OVERDALES ARE ACTING ON THEIR BEHALF)   Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT SURE IT'S BEEN A WHILE 3 YEARS IN DEBT AT LEAST   Did you receive a Default Notice from the original creditor? NOT SURE IT'S BEEN A WHILE 3 YEARS IN DEBT AT LEAST   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? WAS WITH A DEBT CHARITY (STEPCHANGE) MAKING PAYMENTS TO A NUMBER OF DEBTERS WIFE LOST 2ND JOB AND COULD NO LONGER AFFORD PAYMENTS (STEP CHANGE SUGGESTED I GO BANKRUPT I DIDN'T WANT TO DO THAT) CAME TO CAG FOR ADVICE IT WAS SUGGESTED I DROPPED THE CHARITY AND WENT ON MY OWN. FOUND IT EASIER SOME DEBTS ARE BEING PAID SOME CAN'T GET CCA INFO SO NOT HEARD FROM THEM FOR AGES OVERDALES HAVE BEEN THE ONLY PERSISTANT ONES FOR THIS DEBT.   What was the date of your last payment? CAN'T REALLY REMEMBER BUT PERHAPS 2017 OFF THE TOP OF ME HEAD   Was there a dispute with the original creditor that remains unresolved? AT THE TIME WHEN WIFE LOST HER JOB THEY WOULDN'T REDUCE PAYMENTS INSTEAD PILED ON INTEREST AND FINES. ENDED UP NOT RESPONDING TO THEM ANYMORE AND BEEN IN DEBT SINCE TO DCA'S   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? YES I DID AND THEY WEREN'T INTERESTED
    • So many memories of listening to his tracks when I was younger, also making me feel rather old as well
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Utility Investigation


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Hi, I'm new to this site.

My wife recently received a PCN by post, she allegedly overstayed in a 'up to 75 minutes free' carpark by 16minutes.

£150 (75 if paid within 14days) is a lot of money, considering that they didn't lose income.

I read through these threads, and decided not to respond.

But today we received a letter from LCS Civil Enforcement (tradding style of 1st locate (UK) ltd.). They launching a utility investigation on the address asking the owner/occupier loads of questions. Somehow I feel I don't have to reply, but I'm not sure, becasue I've never come across any of this being mentioned on this forum.

 

Could anyone provide me iformation or guidance on this matter?

 

It'd be greatly appreciated.

 

THX

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this is interesting.

 

have you contacted them at all during this process ?

 

please scan the the 'utility investigation' letter (or digital photo).

and post it up. remove and details which identify you though.

 

are you sure this is related to the PPC issue - LCS have been known to chase up issues for Scottish Power, albeit bogusly on occasion.

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OK first off was the car park a Council car park or a private car park (ie super market type etc).

 

It sounds like it may be a private car park from hearing tha LCS are involved, if so you have nothing to worry about.

 

Utility investigation for a car parking issue (I won't use the word offence or violation because if it is private car park you haven't committed an offence per se) sounds like a new 'scare' tactic a bit like Perky from CPS demanding a copy of the insurance document on another thread, like Perky these lot (LCS) can ask for what they want but that doesn't mean you have to respond or tell them anything.

 

Please post back advising if it was a private car park and we will tell you what to do next.

 

Mossycat

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It was a privatly owned car park, I guess (KFC restaurant in Sheffield).

The most disgusting thing about it, we were customers and having our meals inside - for goodness' sake- not for 75 mins, but 91mins...

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OK forget photo's you don't need them. What you have got is an invoice, nothing more nothing less. It is NOT a fine.

 

I assume parking was free in that car park, if so they have NO claim against you, if there was a fee to park then their claim is limited against you to the amount of the parking fee.

 

You have 2 choices

 

1) Ignore everything and they will eventaully go away

 

2) Respond with the template letter that Bernie The Bolt drafted (you will find it in the stickies), after that ignore everything else

 

I would personally go with the second option because at least then you have responded and in the highly unlikely event (less than 1%) that they are stupid enough to take you to Court you can demonstrate that you tried to resolve this matter (by pointing out to them that they were not entitled to a penny).

 

Expect quite a lot of threatening letters mentioning CCJ's, your credit rating, baliffs, the fact they will sell your daughter into slavery etc etc etc, they are all scare tactics designed to pressure you into paying.

 

DO NOT pay, if you need further reassurances later just post back as and when, in the meantime read other threads you will see that PPC's do not stand a chance (even when they go to Court, as in Perky :) )

 

Mossycat

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Hi, I'm new to this site.

My wife recently received a PCN by post, she allegedly overstayed in a 'up to 75 minutes free' carpark by 16minutes.

£150 (75 if paid within 14days) is a lot of money, considering that they didn't lose income.

I read through these threads, and decided not to respond.

But today we received a letter from LCS Civil Enforcement (tradding style of 1st locate (UK) ltd.). They launching a utility investigation on the address asking the owner/occupier loads of questions. Somehow I feel I don't have to reply, but I'm not sure, becasue I've never come across any of this being mentioned on this forum.

 

Could anyone provide me iformation or guidance on this matter?

 

It'd be greatly appreciated.

 

THX

 

There is no requirement whatsoever to respond to these questions.

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Thanks for that.

their Enforcement notice is a joke. See Fraud Act 2006 section 2.

 

Their utility investigation - very suspicious indeed. e.g. No mention of the client.

they are just trying to reel you in.

I would ignore the utility inquiry letter completely. But keep it safe. they may be crazy enough to issue Court papers. if they do they are stuffed (by both pieces of paper) in my view.

 

in the meantime I would photocopy the UI letter and send a copy to each of your utility suppliers (the Customer Services director at each) demanding to know what is going on, what investigation, you know of no issues etc.

Ask for confirmation of the issue or a clear and unambiguous denial from each supplier. Even include an SAE for their response maybe.

Edited by lamma
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make sure you ask each and every utility supplier if there is an investigation against your name OR your address. cover all the bases. insist (nicely) on clear written answers and in a timely fashion.

if there has been switching of utility suppliers write to the past ones as well the present.

 

It may be some billing system error on the part of a utility - but we just don't know.

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make sure you ask each and every utility supplier if there is an investigation against your name OR your address. cover all the bases. insist (nicely) on clear written answers and in a timely fashion.

if there has been switching of utility suppliers write to the past ones as well the present.

 

It may be some billing system error on the part of a utility - but we just don't know.

 

 

thx.

only one thing I know for sure: we are living on the present address for over a year, didn't switch supplier and paid every time, on time.

 

so, I guess this isn't related to the parking [problem]...is it?

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I agree with lamma, get onto your utility companies and enclose a copy of the letter you received, that should stir up a hornets nest. Don't whatever you do send them any payment and NEVER telphone them.

best regards

Please remember our troops, fighting and dying in our name. God protect them.

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