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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (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; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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Cheshirelad Repossessed


CheshireLad
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Hi again

 

Not sure about the statute barred bit - on a mortgage I thought you could go back 12 years? After all they can chase you for 12 years for a shortfall?

 

I agree about changing the terms of acceptance if you think you have a good case to carry on.

 

was the50% offer 1/2 the charges or 1/2 the charges` plus interest accruing?

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi again

 

Not sure about the statute barred bit - on a mortgage I thought you could go back 12 years? After all they can chase you for 12 years for a shortfall?

 

I agree about changing the terms of acceptance if you think you have a good case to carry on.

 

was the50% offer 1/2 the charges or 1/2 the charges` plus interest accruing?

 

Hi Jansus

 

They say its statue barred by the limitation act 1980, but I believe they must be agreeing their charges are penalties charges to invoke this Act and as such these charges are unfair as per the OFT statment re: charges.

 

They are offering a refubf of the charges that are within the 6yrs plus interest and my MCOL fee.

 

Cheshirelad

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from a company charging to help reclaim

" Unlike bank charges, it is possible to claim back

mortgage penalties going as far back as 12 years. (as opposed to 6years on bank charges). Even if you no longer have a mortgage or have changed lenders they can still be"

claimed back. Consumers have had a rough ride for years and had enough punishment inflicted on them. So why are you waiting? It is your money and it is definitely worth

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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if it is a mortgage and not a secured loan then:

 

 

 

If it Your mortgage lender may begin chasing you for a mortgage shortfall, which was the result of repossession. The time limit is slightly different for the mortgage lenders as they have 12 years before the debt becomes Statue Barred. The Limitation Act 1980 | Debt Advice | Payplan

 

 

Quote:

Originally Posted by s20

(1)No action shall be brought to recover—

(a)any principal sum of money secured by a mortgage or other charge on property (whether real or personal); or

(b)proceeds of the sale of land;

after the expiration of twelve years from the date on which the right to receive the money accrued.

 

 

Limitation Act 1980 (c. 58)

 

"

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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if it is a mortgage and not a secured loan then:

 

 

 

If it Your mortgage lender may begin chasing you for a mortgage shortfall, which was the result of repossession. The time limit is slightly different for the mortgage lenders as they have 12 years before the debt becomes Statue Barred. The Limitation Act 1980 | Debt Advice | Payplan

 

 

Quote:

Originally Posted by s20

(1)No action shall be brought to recover—

(a)any principal sum of money secured by a mortgage or other charge on property (whether real or personal); or

(b)proceeds of the sale of land;

after the expiration of twelve years from the date on which the right to receive the money accrued.

 

 

Limitation Act 1980 (c. 58)

 

"

 

thanks Jansus

 

I'm submitting my AQ to court tommorrow and continuing

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Have you done any research on whether any other cases have gone to court?

 

I agree that by offering you 50% they do seem to be admitting liability but I am not a legal expert and would not like to see you fall at the last hurdle.

 

When I claimed my bank charges and was negotiating the day before court I actually re-ran my spread sheet with the charges less £12.00 ( as that is what had been recommended on credit cards.) In other words I was aware I would have been charged for going over my limit but it was the amount that was excessive. If they had offered me that amount to be honest I would have been happy. As it happens they did offer the full amount but that may be worth keeping in mind.

 

I will be watching with interest as this is an area I would really like to see moving forward and other people being able to feel confident about claiming.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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By the way reference the ERC - I think I said before that when i contacted the FSA and FOS they both said that if a claimant sent details then they would look at individual cases - but could not answer a general question.

 

I would complain about this and if the original key facts summary did not make it clear about the ERC in cases of possesion then yes complain.

 

Also there is something else I read the other day I will post in a minute.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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from CML

 

Sale of Properties in Possession

18. When selling properties which have been taken into possession lenders are under a duty to obtain the best price reasonably obtainable. A lender is not bound to postpone the sale in the hope of obtaining a better price at some future date; however, the lender should allow sufficient time to permit, for example, proper advertising so that the best price obtainable may be achieved. Mortgage lenders generally use the following administrative procedures for selling properties which have been taken into possession.

Administration

 

 

 

 

Question how long did they advertise the property for?

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Guidance notes

 

see guidance notes oct 08

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Have you done any research on whether any other cases have gone to court?

 

I agree that by offering you 50% they do seem to be admitting liability but I am not a legal expert and would not like to see you fall at the last hurdle.

 

When I claimed my bank charges and was negotiating the day before court I actually re-ran my spread sheet with the charges less £12.00 ( as that is what had been recommended on credit cards.) In other words I was aware I would have been charged for going over my limit but it was the amount that was excessive. If they had offered me that amount to be honest I would have been happy. As it happens they did offer the full amount but that may be worth keeping in mind.

 

I will be watching with interest as this is an area I would really like to see moving forward and other people being able to feel confident about claiming.

 

Hi Jansus

 

thanks for this, not found many other cases of people persueing mortgage co's with any consistent success. It does'nt seem as straight forward as bank charges.

 

Cheshirelad

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Jansus

 

I checked with the court today and they say I alright for a few days to get my AQ in.

So gives me a little more timeto get my thoughts together

 

Attached is a copy of the letter from their solicitors send I would welcome your opinion

 

cheshirelad

Defence.jpg

Defence-2.jpg

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  • 3 weeks later...
  • 2 weeks later...

I have another case going now 'Cheshirelad v Mortgages Plc' possibly should have its own thread?

 

Done all the prelimary stuff SAR, request letter for unfair charges and penalties with interest circa £2500, LBA

 

All the usual replies so I MCOL and they submitted a defence earlier this week a copy of which the court has sent me today

 

Their defence handwritten on one of their compliment slip's says ' Account number can't be traced for this customer. regards'

 

I clearly stated my account number on the claim and have double checked it and its the same as the one quote on all letters and SAR

 

I was g**smacked, I would appreciate comments and opinions from anyone. My questions are

 

1. Is this a real defence?

 

2. The court has accepted this as a defence, should they?

 

3. Its not signed and there's no name on it

 

4. What should my next course of action be, the court are asking me for an AQ

 

regards

Cheshirelad

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  • 1 month later...

Update:

 

The court would not give me a summary judgement but made an order giving them till 31st July to submit a proper defence.

 

I received a letter from their solicitors with a copy of a defence they were going to submit. Which basically said my claim was poorly pleaded and they we're embarassed to have to defend it. They said they had no real details of my claim and would be seeking to have the claim struck out.

 

Well the court never received this and no defence has been file, so yesterday I got my judgement by default for £2500 (not sure if this is correct? as an order had already been made by the judge which they failed to comply with)

 

I have issued a warrant of execution, so baliffs are going in A.S.A.P NO MERCY they never showed me any!

 

Wish I was a fly on the walltinysmile_fatgrin_t.png

 

Of course they could go for set aside just have to wait and see

 

Cheshirelad

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  • 2 months later...

hiya am subbing so i can help a friend, any updates please

 

cheers angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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hiya am subbing so i can help a friend, any updates please

 

cheers angel x

 

Well they applied to SA and the hearing was on 6th Nov,

 

it didn't go very well:( despite having prepared a good witness statement

 

They sent a £700 an hour barsister along, well tooled up with all his legal books. the Judge said he could have a turn then me then the judge would sum up

 

I thought it was going ok, till the judge interjected regarding the faxed defence that didn't reach the court and sumerised that maybe it did. Then it seemed to turn and I almost got the feeling the disicion to set aside had been made.

 

When he turned to me and said now I have read your WS, is there anything you would like to add. And although I went though it, it didn't appear to matter.

 

He basically said the defendant was obviously submitting a defence, they had applied to set aside in good time and their defence had a real prospect of success

 

Then the real shock was when he awarded costs against me on the basis it was my fault I had put the defendant to the expense of having to set aside the judgement and only after pleading I was not at any fault with court process, and not in a position to pay he discided not to award them, phew!

 

I'm waiting for the actual judgement and new hearing date now.

 

I have to say, I'm not sure about continueing with my claim now, basised on what the judge said about the prospect that their defence would succeed and the pospect that costs would be award if I don't win

 

Cheshirelad

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