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    • You will probably get a couple more reminders followed by further demands fro unregulated debt collectors with even increasing amounts to pay. They are all designed to scare you into paying.  Don't. It's a scam site and they do not know who was driving and they know the keeper is not liable to pay the PCN. Also the shop was closed so they have no legitimate interest in keeping the car park clear. So to charge £100 is a penalty as there is no legitimate interest which means that the case would be thrown out if it went to Court.  Keep your money in your wallet and be prepared to ignore all their letters and threats. Doubtful they would go to Court since a lot more people would not pay when they heard  MET lost in Court. However they may just send you a Letter of Claim to test your resolve.  If yoy get one of those, come back to us and we will advise a snotty letter to send them.  You probably already have, but take a look through some of our past Met PCNs to see how they are doing.
    • Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
    • hi all just got the reminder letter, I have attached it and also the 2nd side of the original 1st pcn (i just saw the edit above) Look forward to your advice Thanks   PCN final reminder.pdf pcn original side 2.pdf
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Some advice re: an interim charging order pls


lisaf
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Hi LFI - thankyou. The hearing is for 15 mins. So do I just bring along ALL the stuff I have regarding this and/or do i have to take some form of defence also? And if so, is there anything suitable?

Many thanks

Lisa

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Hi Lisaf,

 

Good luck for tomorrow and i will keep my fingers crossed.

 

Hopefullly someone will reply of what you need to take but i would of thought your defence paper would be good enough but one of the caggers may give better advice.

 

Good Luck

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Have the set aside hearing tomorrow - does anyone know what i should be taking with me?

Lisa

If you have an income and expenditure form and any proof of payment towards the debt it would be useful.

 

If you can produce a personal whitness statement to show the judge too that helps .

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Thanks Womble - but what defence do I take with me? Sorry but i'm so confuddled about what is required and what isn't as I originally thought it was just a hearing so that Howard cohen sols just had to produce the agreement, default etc.

 

Howmuchdebt - not sure why i would need to bring an income/exp as we are totally diputing that this actually existed. Also not too sure about the personal witness statement?

Many thanks for you replies

Lisax

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well each case is different we needed to make our own witness statement to show the judge,which included why we disputed the debt and what proof we had requested and wether any was given such as CCA request,or even one pending so it can at least give another court date and time for the creditor to respond to your request if you have made one.

 

If you have not acknowledged the debt and have paid nothing on it then this can be includedin the the statement it just makes it look like you have done your homework.

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Hi All,

 

right i have all my paperwork to/from howard cohen ready for the hearing today (well i say hearing but it's just for HC to produce the correct docs etc).

Now, some have said about taking a 'witness statement' along and a defence but i'm really unsure about what exactly both of these should say.

I've only got one more hour to prepare and need some advice pretty urgently if someone would be so kind - just don't want to mess up at this late stage!

Many many thanks in advance

Lisax

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The hearing is simply for the claimants to produce the documents request by the 'General form of judgement or order' issued by the court.

 

The claimants either provide them or not.

 

If the hearing moves further on to a legal discussion about the "provided paperwork", ask politely for an adjournment.

 

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Hi Guys,

sorry it's taken me so long to post up but what a day!:) Had the good fortune to have a great judge today!

HC sols didn't show even though as the case before was over running gave them an extra 15 minutes.

went in with my OH and was very very nervous as this was my first court 'appearance'.

Judge wanted a brief background of the account and went onto say that companies like GE money (OC) were in the habit of selling these debts on for piddling amounts (wasn't very impressed) and should have informed you etc that they were doing this.

He also asked how long OH had been together, how many kids etc! - is this normal? Didn't mind as he was very nice - lol.

Anyway, upshot was he granted the set-aside and charging order hearing! Something he wrote about costs but not too sure about that.

He did say that he expected howard cohen's to defend this all the way and expected to see us again but he said it will take them at least 3 months to produce these docs (don't know where he got that time scale from).

So all in all a really unexpectedly good day and i really though he might grant them more time.

So a huge thankyou to all of you that helped me get to this point, you have been no less than brilliant :D

Lisa x

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I am so pleased for you Lisa-well done. It is always a help when the Judge is sympathetic too.

I didn't want to build your hopes up before the case, but HC tend not to be too good at producing the relevant docs when required.

Not quite clear where you are at now-apart from being mightily relieved. Is the Charging Order now quashed? And what about the CCJ earlier-is that being removed too?

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Thankyou both so much. Sorry if i wasn't clear earlier! ccj and CO set aside so he said 'obviously don't need to see you march now'! But he did expect them to defend at some stage so he said he will probably see us again at some point.

I had to laugh at that as i'm back there regarding hsbc (and non compliance of a cca) in march anyway!

He did write something regarding costs but i'm assuming he will put todays events in writing to us anyway?

Lisa x

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You should receive notice of the set aside and the quashing of the charging order from the court......don't know if it will mention costs though.

 

I would apply for costs.........courtesy of x20

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1701510.html

 

 

Get it done and send them to HC.

 

I doubt that HC would welcome going to court to discuss costs against a judge who they have hacked off by their non attendance.

 

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Congratulations lisaf, nice to hear some good news for a change, I can imagine the stress you must have been under, well done for sticking to your guns, now your over the first hurdle hope the rest will be accomplished with ease.

It's hard enough to get by day to day living a normal life without the unnecessary stress of going through through courtroom saga's, anyway good luck for the future,

 

Take care & God bless xxxxxxxxxxxxx

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