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    • I have never heard of any such law. Please post a link to what you have read online that explains this law. And please confirm whether you were ever married to or in a formal Civil Partnership with your Ex.
    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
    • I lived there with her up until I gave notice. She took over the tenancy in her name. I had a letter from the council and a refund of the council tax for 1 month.    She took on the bills and tenancy and only paid the rent. No utility bills or council tax were paid once she took it over. She will continue to not pay bills in her new house which I'm now having to pay or will have to. I have looked online I believe the police and solicitors are going by the partner law to make me liable.   I have always paid my bills and ensured her half was paid then see how much free money is over.   She spends all her money on payday loans and rubbish then panics about the rent. I usually end up paying it or having to get her a loan.   Stupidly in my name but at the time it was because she was my partner. I even paid to move her and clean and decorate her old house so she got the deposit back. It cost me £3000 due to the mess she always leaves behind.
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Tawnyowl -slow acceleration to bankruptcy


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No it wasn't a debt advisor, it was a TV presenter who, amongst other things, fronted a program on debt advice.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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True just shows how things are going story beneath.

TELLY savings expert Lorne Spicer — famed for telling cash-strapped viewers how to stay out of the red — has gone BANKRUPT.

 

The Sun can reveal the Cash In The Attic host — who is also the BBC’s online credit crunch guru — went bust last month with debts believed to be in the “thousands”.

A pal said yesterday: “Everyone was shocked when they found out. It just goes to show the credit crunch can have disastrous effects for everyone — even people who know the system inside out.”

Last night mum-of-one Lorne, 43 — who also fronts telly shows Car Booty and Beat The Bailiff — was unavailable for comment.

Books

 

Her bankruptcy order was registered at Southend County Court in her married name Donovan.

As well as dishing out money-saving tips on TV, Lorne is a regular celebrity columnist in the press. She has written two books on making money from car boot sales.

Her advice to hard-up families on the BBC’s website is: “Make a budget and stick to it. Putting the numbers down on paper will show you just where all the money is going. Set a limit on how much you are going to spend — and stick to it.”

But last September Lorne hinted at money worries of her own as she launched an art and antiques gallery in Leigh-on-Sea, Essex, where she lives.

Her aim was to raise cash for charity.

 

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Lorne told how she had ploughed £5,000 into the venture, saying: “I really hope this all goes well because it’s my own money at stake.”

Last night her agent said she was “away filming” and did not want to comment.

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  • 3 months later...

Am now filling Debtors petition in-just wondering about possible shortfall and where to mention it.House was reppossessed 6 months ago.Just in case anyone has debts under 15000 and doesnt know about debt relief orders-bit of info.I am interested in insolvency law, policy changes & evaluation and consultations

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Hya Tawny :)

 

Good to see you again, hope you are well.:)

When was filling in my Debtors petition, i was told to put it under list of secured

creditors,not that ive sent it in yet :rolleyes: :eek:hope this helps,

 

 

 

Tilly xx

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If the house has gone then any shortfall is now unsecured.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Due to the severe shortage of work i am thinking of signing on for unemployment.Having perhaps one weeks work a month i am now getting into arrears with rent and council tax i see no alternative-have been defeated.Havent been there before-at least not since computers came out.Am not looking forward to it but what choices do i have.Any ideas.Bankruptcy court fee would be granted then.MMM-what a situation.

Tawny

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Just wondering when we went to court to get the bankruptcy papers the lady who came from the office said when you come back i will go through them.What happens then.The impression given was that when a judge had time he would authorise the bankruptcy-a kind of same day thing.Will be glad when this long stressfull- brain numbing-tiring depressing time is over.

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Hello tilly just read your link again-good job i did.I had only made one copy online you need two.Thanks.Would have looked a right lemon.

 

Your Welcome :) let us know how you get on Tuesday, will be thinking of you, im sure you will be fine :)

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Few things swirling around in the mists of my brain.

"There is nothing so useless as doing efficiently what should not be done at all".-mmm If you always do what you have always done, you will always have what you have already got"-hope not. There is never a perfect way.Only the best way until you find a better way"--ok

The only test of management, and it is a tough one, is success. But success comes more easily to those who study the world around them and are continually updating their craft, than to those who try to repeat a formula that once worked in the past" mmm-ill think about that.

"Nothing stops an organisation faster than people who believe that the way they worked yesterday is the best way to work tomorrow. To succeed not only do they have to change the way they act, they've got to change the way they think about the past"-and that. "The people who succeed in business do so not because of what they know but because of their insatiable need to know more."-never stop learning kind of thing,

"If you want your customers to talk about you - you’ve got to give them something to talk about"-how about bankruptcy. The hardest thing to understand in the world is income tax" - Albert Einstein-no comment.Please exscuse my ramblings-tommorows a big day-flapping a bit.To anyone in the depths of debt and bankruptcy i wish you well tawnyowl.

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Hi tilly was just posting when i fell asleep-been up since your last post-you should be called tillyowl-you certainly are a night bird-post has vanished so i will write again.Two ticks.

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Well walked up the steps to hell stopping to have a cig outside the county court.The floor was full of cigs probably due to the bin hanging of the wall.Through the door past the security guard sat on his chair and onwards to reception.Whispering to the receptionist that we had come to go bankrupt she announced in tones that would drown a jumbo jet engine that bankruptcys are through there.So onwards to the next office.mmm-this had reinforced glass between you and the office workers.We sat down and i then arranged the papers.Then a lady came through and went through them we had to swear on the bible that this was accurate-affadavat.Then the time came for the fee-well i didnt have all the info required so the fee was 1020.00.The court fee can be reclaimed at a future date-youve got 6 months to do this.It couldnt be done there and then-the hearing is on the 11th of may at 11am.Strange that i was repossessed on the 11thof the 11th at 11 am.We walked out of the building -glancing at my watch it was 11 mins to 11.Lottery no it wont be.I asked the lady how many people had gone bankrupt so far this year-300 so far .In one small town.In case you are wondering,reading my threads you will know i havent got any money-i managed to borrow it off a relative.I hope this is the last time i borrow.Iam lucky how many people would go bankrupt but havent got access to the fees.I also can show the hearing no to any baliffs that may turn up.Will see them off.Thanks for your interest tilly and hope you will manage it when the time is right.It isnt over yet-there may be twists and turns but the process has begun. Tawnyowl.

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Well Tawny at least now you have started the process, your on way to passing the final hurdle, i can't bleieve they charged you extra sheeeesh :eek: number 11 seems to follow you, maybe it will be your lucky number one day,:) you should have asked the woman to say it a bit louder cos you couldn't hear her lol been following your thread for a year Tawny the ups and downs even the laughs in between, the last chapter will soon be closed hun.

 

 

Tilly xx

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Can you give a breakdown of the amount you had to pay (court fee and OR's fee)?

 

It has obviously gone up recently.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Breakdown of the fee-court fee -150.00 OR fee 360.00-believe it went up 15.00 recently.As both me and the wife went for bankruptcy thats why the final bill was 1020.00.My wifes debts were much smaller than mine but due to shortfalll on house prob 30k plus didnt want a bill landing on mat in a few years when hopefully things have recovered.Surely you dont stay this low for long.Am at the bottom now.The hearing would have been on monday but due to being a bank holiday was put back.Keep up the good work Palomino-have read many of your posts.And thanks Tilly and everyone else who has advised and supported me through these difficult times.Gives me a bit of strength-kind of feeling of friendship.Cheers.Not over yet but ongoing.

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It was a strange day shortly after coming out of court a earthquake hit the area.Certainly shook me up.At first i thought a banker had dropped his wallet till i checked.AN EARTHQUAKE has hit the Fylde Coast. Residents have reported a strong shaking, lasting around 10 seconds just before 11.30am. British Geological Survey bosses confirmed there had been a tremor which was believed to have registered 3.7 on the Richter scale.What next.

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  • 2 weeks later...

Well its the bankruptcy hearing tommorow and must admit feeling slightly nervous.As i understand it you go in front of a judge-not for the first time,and he may ask ,or not have you had advice which is yes,then he will stamp the papers allowing the bankruptcy.Then its off to the private room and wait for the phone to ring-bit like deal or no deal,bet waiting for the phone to ring is a joy.5 mins -half a hour or more you have to answer the phone.Ok ive got that the ORs assistant then asks-what- anybody got any revision papers.Does he or she go through the papers again or is it more.Is it gestapo like or gentle but probing.What do i need to take-is a double whisky reccomended or just my copy of petition.Appreciate anyones recent experience of this.One things for sure i will post tommorow in great detail what happened.

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Well back up the concrete steps,was a bit early so stopped to have a cig before going in,the floor still covered in cigs-you guessed it bin still hanging off the wall.Through the door past the security guard sat on his chair and onwards to reception.Gave name and waited.Very busy but finally got asked to follow a very pleasent lady who on the way told us the judge had allready approved the petitions.Past through rooms full of files and finally entered a very pleasent office with nice views of the area.She told us after going through our name adresss postcode etc that the official receivers office would be phoning and we both would need to speak to them..Due to the fax machine breaking down -here we go i thought, she had to ring the OR office arrange the interview.Finally they rang up the lady went out of the room and i spoke to a lady.She went through the form quickly not probing explaining that they would be sending a bankruptcy pack with some forms to fill in and to send as much paperwork as they require-envelopes will be provided.And to go to the bank and tell them we are bankrupt and see if they will keep the account open.If not to ring my case worker immediatly.They also said they are so busy that its taking up to ten weeks to contact creditors so send each of them a copy of the bankruptcy order if they are pressurising in any way.Looking at my bankruptcy order i noticed the judge had allowed the bankruptcy at exactly 11am.So reppossesion at 11am on the 11th of the 11th-presented the petition on11am -bankrupt 11am on the 11th-wow.But am now finally BANKRUPT.

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Hi Tawnyowl

 

I just clued into the tail-end of your thread. I, too, had dreaded facing the inevitable of bankruptcy - the shame, the stigma etc. But I can honestly say what a relief! Why didn't I do it sooner?

 

In my case, after having the petition filed at the High Court (I live outside the UK now), I've only had 2 contacts from the OR - the first being the telephone interview which went surprisingly well. It was not overly formal, didn't probe into everything and wasn't at all judgmental or uncomfortable.

 

Then I heard nothing until a couple of weeks ago (the time lapse between contacts was about 5 months - excruciating!) when the OR wrote asking me to complete an updated questionnaire to allow them to judge whether I am eligible for early discharge. They will be contacting my creditors to ask for any objections. Hopefully they'll be so swamped with other bankrupts and defaulters (who hopefully owe more than I do!) that they will not object.

 

I just now have to wait a few weeks to find out how that went. Hopefully then I will get the early discharge and be free.

 

It truly is like a weight lifting from your shoulders isn't it?

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