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    • all DYL's are subject to a TRO. looking at this newish, ever increasing as old ind units have gotten removed, estate, there are only lines on one side, on the other there is a parking lane with traffic calming through which you mention. i seriously doubt your mate has any clue what he is talking about.!! its not a private housing assoc estate. so its a public council owned road. no construction co can just decide to draw their graffiti on a road. the DYLs are certainly there pre 2016 even before his home was built. now ive had a quick look to see if the main access to royal park road has signs. there is no royle park road even on your map but there is a royal barn road which leads to where you are parked royal road has a restriction sign on the pole by the fence of the electric substation jnc with gipsy lane there does not appear to be one leading in from the other end - tesco petrol station
    • Hi All. I was driving in Stevenage down a 40 road after coming off the motor way, i noticed my car felt a little "weird" i accelerated, then slowed the car down.  Shortly after i got stopped by a manned police car with a laser. During the stop the officer stated i was doing 54 in a 40, the conversation was short, but he said i would unlikely get a awareness course and it was most likely 3 points and a fine.  Mrs thought it was a good idea to have dairy when she is lactose intolerant on date night, we just got on our way.  At the time, i didnt admit to the offence, but did say i didnt realise and had slowed down in any case. The officers chest camera was recording and on. At the stop, he asked where to send the fine to, as i knew i would be travelling to visit family up north, i provided my temporary details at that location in Yorkshire. It is now 05/05 and i haven't received anything at either my home address in Stevenage or the temporary address. 1. Is there a time limit in which paperwork needs to be sent to me. 2. Should i query the ticket as i don't want to miss any deadlines (if so who do i check with?) OR should i keep quiet. 3. Given nothing has arrived in 20 days, is there a chance of appeal if and when it comes through? Many thanks CrazeUK
    • Hi All. A family friends car was having issues when she was on a trip visiting family up north at the begining of January.  She ended up leaving it at my friends garage in the same location, who parked it on his forecourt to investigate the issue, howver he said most likely it is beyond economical repair as its a serious gearbox fault. In the meantime i replaced her car with one of my spare cars. The insurance on the car then expired in at the end of January.  When the insurance expired, I sent a paper V890 paper as i didnt have her V5 Reference number in hand to do it online (i have a copy of this).  She didnt mention she hadnt recieved any confirmation as she didnt know if she would get one.  She then cancelled her road tax at the end of March (i think) as she was paying by DD. She then was travelling up north so didnt get her ,ail until last week. She recievd a letter dated 09/04/2024 stating she had failed to insure the vehcile and there was a £100 fine which could be reduced to £50 if she respons by 11/05/2024.  As soon as we noticed, i got her to dig  out the V5 and SORN'd the vehicle.   My friend has been a bit slow in checking the fault, however i suspect it will still be scrapped and is still on his forecourt. Is this possible to appeal?
    • worthy to not forget Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator for treating borrowers who were in arrears unfairly. Claim those charges back plus the interest and tell them not to add any more to the account. There are a few news stories here you can get the info for a letter to send to them. http://news.bbc.co.uk/1/hi/business/8615870.stm  
    • Hi All. I went to visit a family friend in Rochdale on a new housing estate opposite a old row of houses. The location is Royle Road, Postcode OL11 3PE. I was originally parked in parking bays outside the old houses, then moved the car, when I noticed my tyre was flat, so parked on what looked like double yellows to use his air pump to check and inflate the tyres before we left the house.   In the time i went inside to sort the pump and power supply i got a PCN.  The tyre then got changed (has a puncture) and we left. PCN Number:         RE######## Date:             04/05/2024 Time:             20:36 Observation:         20:34 to 20:36 Reported location:     Royle Park Road Reason:        Parked in a restricted street during prescribed hours (Code: 01) I believe this PCN is not correct and has grounds to appeal: 1. My friend who moved into the property around 6 months ago, swears that even though it has old double yellows marked, they are not current or council marked.   He said the property development company had said they had marked them for ease of access during development. 2. The road i was parked on was Royle Road.  The PCN was issued for Royle Park Road, which is about 400 yards up the road. 3. There are no sign posts or marking showing parking  restriction hours in the entire area (there maybe on Royle park Road). I have attached a map of the Location where i parked as a red dot. I have 2 questions: a.  Is there a way to check where double yellow lines are marked on some register to check if they are current? b. Can my grounds of appeal simply be, wrong location, wrong offence? Thanks in advance. Map_20240505.pdf
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Lebowski vs Lowell


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Hi all,

 

I've just received a letter from Lowell Portfolio I regarding a debt to Barclaycard. I have been out of the country since 2003 and while I was away I was sending money back to my, now ex, girlfriend who was supposed to be paying off my monthly payments (credit card and finance for something bought on HP).

 

I returned to UK and now live in Scotland. A few months ago I received a letter from a local debt agency saying I owe £XX, FINAL DEMAND etc. I gave them a call and assumed my ex had obviously forgotten to pay my monthly HP as the amount was the same as when I left UK so agreed to pay it back monthly.

 

 

This new letter from Lowell is quite concerning and I'm not sure what to do. Looking at the figures from both debt collection agencies it looks like the ex didn't pay anything off them at all.

 

Lowell are saying I should call them to arrange a settlement or repayment plan. I understand that I shouldn't phone them. I have been reading other posts on here regarding Statute Barred debts and am wondering if mine falls into this category. As the total amount of this debt hasn't decreased since I left UK then I doubt it has been acknowledged for over 5 years. Please could somebody advise me on the best steps to take.

 

Many thanks,

Lebowski

Edited by JnrLebowski
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With regard to the account you think may be statute barred, send this:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

You need letter M. Send recorded, DO NOT SIGN, print your name, keep copies of everything.

 

As for the HP agreement, I'm not sure so hopefully someone will be along to advise you. All I would say about it is that if your ex GF has the goods, point this out to lowlifes ;)

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How long have you been in scotland?

 

You left in 2003, can you remember what month you made the last payment?

 

Ida x

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Thanks guys. I'll get that letter off to them. I've been in Scotland for just over a year and I'm not sure when the last payment was made. I think the last one I made would have been in around May 2003. Thanks again. I'll keep you updated :)

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Regarding sending letter M, where it says:

 

"We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

should I change where it says 'six years' to 'five years' because I am in Scotland or is the law different?

 

Thanks again

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Hi JnrLebowski :) This is the letter ODC advised me to send. Hope it can be of help to you. ;)

 

As you are a resident of Scotland I suggest you send this to our friends in Leeds

 

Dear Idiots

 

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsided for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

 

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written acknowledgement from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

 

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

 

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Thank you strand and babybear, I really appreciate it. Should I just copy and paste that text? Do I need to write anything else like, "I do not acknowledge the debt"? They haven't threatened me with court action yet. Should I wait for them to send me more threatening letters? Many thanks in advance, Lebowski

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Hi Jnr :). You cover the acknowledge of debt in the letter. I would copy and paste it. Never sign your name, just print it. It would be best to get the letter out sooner rather than later. Send it special delivery. I know this is more expensive but it covers you more. Good luck and keep us posted. ;)

Fight the injustice's of life with joy in your heart and abandon bitterness as it will destroy YOUR soul. Just at the foot, of a very steep learning curve. ;)

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By the way, do I need to send a 'prove it' letter first? In the letter Lowell wrote:

 

"I write to inform you that your Barclaycard account, reference number...bleh bleh bleh... has been sold to Lowell Portfolio I Ltd on XX/XX/2005. Lowell Financial Ltd have been appointed as duly authorised collection agents for recovery of the outstanding balance..."

 

I've printed out the letter (unsigned) that Strand08 provided but am just wondering if there is anything else I should send first. Thanks again

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Not really. Either or but the above letter gives it more closure.

 

Idax

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By the way, do I need to send a 'prove it' letter first? In the letter Lowell wrote:

 

"I write to inform you that your Barclaycard account, reference number...bleh bleh bleh... has been sold to Lowell Portfolio I Ltd on XX/XX/2005. Lowell Financial Ltd have been appointed as duly authorised collection agents for recovery of the outstanding balance..."

 

I've printed out the letter (unsigned) that Strand08 provided but am just wondering if there is anything else I should send first. Thanks again

 

Make sure you ask them for the ded of assignment.

 

Without it they cannot collect jack ****t.

 

I recently got them to send me a letter proving they didn't own the debt they had tried to claim from me. I am now in the process of suing them fro damages as the stress caused me to have time off work and has affected my future promotion prospects.

 

I shall be suing them with the information they sent to me as evidence against them.

 

So thanks for that lowell.

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Thanks tupty, is there a template letter for 'ded of assignment'? should I just send the letter starting, "Dear Idiots

 

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsided for a continuous period of 5 years:..."

 

or do I need a ded of assignment letter first. Sorry if I'm sounding a bit clueless but I'd like to follow the best procedure.

 

Many thanks all :)

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Hi again, I'm fairly confident that it has been over five years since a payment was made but I'm wondering if there is some way I can find out for certain. Can I check my credit history to find out when I first defaulted? If so, what websites/companies would you recommend? Many thanks, Lebowski :)

 

p.s. How is your case going, Strand?

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Hi Jnr, you could SAR (subject access request) Barclaycard. This should give you all the information you need. Here is a link to a template letter. 1. Data Protection Act, Subject Access Request letter - List of charges

 

This should be interesting, good luck jnr ;)

Fight the injustice's of life with joy in your heart and abandon bitterness as it will destroy YOUR soul. Just at the foot, of a very steep learning curve. ;)

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Jnr Hold fire on the SAR as it costs you 10 quid. Send the Scottish Stat Barred letter off to the Leeds Losers. Thats all you need to do at present. The burden of proof is on them to prove a payment was made not up to you to prove it wasnt

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I meant send a SAR as well as the Scottish statue barred letter not instead of. The advice was given in reply to this.

 

Hi again, I'm fairly confident that it has been over five years since a payment was made but I'm wondering if there is some way I can find out for certain. Can I check my credit history to find out when I first defaulted? If so, what websites/companies would you recommend? Many thanks, Lebowski :-)

I know it cost £10 and if you can afford it, it will give you a true picture of what information the OC has about you. ODC is right though it is not necessary only in relation to what you posted and for your own peace of mind.

Edited by Fighting-Fit
typo

Fight the injustice's of life with joy in your heart and abandon bitterness as it will destroy YOUR soul. Just at the foot, of a very steep learning curve. ;)

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Sorry fighting fit but I wasnt getting at you. There is no need at this stage to find what information the OC has on Jnr. It would be time enough getting it if the Leeds Losers were to come up with a date insde the 5 yr period or if the OP wanted to claim back charges.

 

In the meantime let Lowells do all the work

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No problem ODC, always happy to read your advice. I'm just trying to learn as I go :). I see you have changed your logo. I did like your old one. Why the change? apologies if you have already explained this elsewhere. :D

Fight the injustice's of life with joy in your heart and abandon bitterness as it will destroy YOUR soul. Just at the foot, of a very steep learning curve. ;)

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