Jump to content


  • Tweets

  • Posts

    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court 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 the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Im in a mess advise please


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5398 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

I have been lurking on this site for a few weeks now, and have read all advice given to people who are in my state.

 

My husband fell out of work in Nov,

so we have been unable to make our agreed payments to our loans, and credit cards,

 

In Jan i sent them all a letter, to let them know our situation and attached a budget sheet to show them our outgoings were more then our incomings.

 

I have offered them all £1 until our situation gets better and

in the mean time one of my creditors told me they couldnt accept this payment without me going onto a DMP

(they have all been cashing the £1) so

 

i spoke to payplan who cannot help me as i do not have enough surplus money and they have advised me to do what i have already done (sending letters to explain)

 

I have been getting untold amount of phone calls from one of my creditors who keep on telling me

that i need to go to CAB so they can work out a budget plan for me and

although i have told them i have already done this they just wont listern,

 

I have now changed my phone number and sent them an harrasment letter about the phone calls,

and on Saturday i got a letter back to say they are sorry they have caused me distress

but they have every right to call me and have put a hold on the calls for 4 weeks

but if i dont pay my arrars they will start calling again

, they wont get through to house phone but calls on my mobile will start again.

 

 

I have got letters from all of my other creditors not even acknowleging that i have sent them letters and budget sheets,

but are all demanding the arrers or they are taking further action

they just are not listerning or reading my letters.

 

I feel like im at the end of my thether with it all i just dont know what to do now.

 

I have written out all my CCA letters ready to send off

do you think i should send them now?

Do i sent another letter to them all explaining my situation again?

Just dont knwo what to do now.

 

Sorry this is a really long post hope you can advise me to the next step.

Thanks

Link to post
Share on other sites

  • Replies 137
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Are a large percentage of any of the debts made up of penalty charges? If so, this can be a good way of putting the debt into dispute. Also, CCA requests I would send out, as again you are putting the debt into dispute.

 

Whilst the debt is in dispute, creditors are not supposed to continue collection activity, nor I believe are you supposed to incur further interest.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Hi

 

I am a newbie and have been lurking for a few weeks and have took some of the advise you have passed onto other people in the same situation as me, hope you have the time to read my post as I feel at the moment im at the end of my thether sorry its long.

 

In Nov my husband fell out of work, he is self employed and in his line of business in this current market its looking grim at the moment, In Jan I sent all my creditors a letter to say I have financial trouble and sent them a budget sheet to show my outgoings where more then my incomings and I have offered them a token payment of £1 until my situation gets better, some I got replies from to say that unless I was with a DMP they couldn’t accept it and would keep on adding interest and charges to my account, and everyone I have sent the pound to have cashed it. I called up Payplan who informed me they couldn’t help me as I did not have enough surplus money, they then sent me letter templates to send my creditors which were the same as I had already sent to didn’t see the need to send them again.

 

In the mean time I have had untold amount of calls from one of my creditors and they just keep repeating themselves by telling to speak to CAB to do a budget plan for me they are just not listening to me, but they keep phoning and phoning me day and night and if they cant get me on my house phone they ring my mobile, I have sent them the harassment letter and changed my home phone number. I received a lengthy letter on Saturday from them to basically say they are sorry that they have caused me distress by the phone calls but they have not broken any acts and they have every right to call me to try and resolve the matter and will put a hold on all calls for 4 weeks but If I do not pay the arrears in that time the phone calls will start again.

 

I have also received letters from all my other creditors telling me that I need to clear up my arrears or they are taking future action, they just are not listening to me I have sent them numerous letters asking them to reconsider and please accept my token offer but still they seem to be ignoring the fact I am trying and just keep sending me the letters.. I don’t know what to do now, I have CCA’s ready to send off but im sure they will all be enforceable and have been holding off sending them, what shall I do?

 

Thanks

Link to post
Share on other sites

Without knowing all the precise details of your finances it would be difficult to advise.

 

If you have already spoken to payplan and they have advised that you do not have enough surplus money to support an IVA then I would suspect the only option left open to you would be to go bankrupt, although you do not say whether you own your own home and if there is equity in it.

 

What I did with some success is to write to all my creditors and tell them that unless they are prepared to enter into an interim payment plan, and freeze the interest and charges I would have no alternative than to declare myself bankrupt (I had no assets to speak of).

 

They backed off for a while and gave me the breathing space I needed to sort some things out.

 

However I was fully prepared to go bankrupt (and in some ways still wish I had)

Link to post
Share on other sites

Hi

Thanks for replying, yes i do own my own home and payplan have told me bankrupsy is not an option as i have 2 young children.

My debts are as follows:

Cahoot - £7000 loan

AA - £4000 Loan

lloyds Tsb- £4000 loan

lx direct - £2000 catalouge

citi card - £4000 credit cards

 

Any advise is apriciated.

Thanks

Link to post
Share on other sites

Well basically my kids need a roof over thier heads. Surley this is not my only option? I read alot of posts on here over the past few weeks and Bankrupsy was hardly mentioned as an option.

 

Hi

 

(i have posted this on general debt advice but I am looking for all advise possible)

I am a newbie and have been lurking for a few weeks and have took some of the advise you have passed onto other people in the same situation as me, hope you have the time to read my post as I feel at the moment im at the end of my thether sorry its long.

 

In Nov my husband fell out of work, he is self employed and in his line of business in this current market its looking grim at the moment, In Jan I sent all my creditors a letter to say I have financial trouble and sent them a budget sheet to show my outgoings where more then my incomings and I have offered them a token payment of £1 until my situation gets better, some I got replies from to say that unless I was with a DMP they couldn’t accept it and would keep on adding interest and charges to my account, and everyone I have sent the pound to have cashed it. I called up Payplan who informed me they couldn’t help me as I did not have enough surplus money, they then sent me letter templates to send my creditors which were the same as I had already sent to didn’t see the need to send them again.

 

In the mean time I have had untold amount of calls from one of my creditors and they just keep repeating themselves by telling to speak to CAB to do a budget plan for me they are just not listening to me, but they keep phoning and phoning me day and night and if they cant get me on my house phone they ring my mobile, I have sent them the harassment letter and changed my home phone number. I received a lengthy letter on Saturday from them to basically say they are sorry that they have caused me distress by the phone calls but they have not broken any acts and they have every right to call me to try and resolve the matter and will put a hold on all calls for 4 weeks but If I do not pay the arrears in that time the phone calls will start again.

 

I have also received letters from all my other creditors telling me that I need to clear up my arrears or they are taking future action, they just are not listening to me I have sent them numerous letters asking them to reconsider and please accept my token offer but still they seem to be ignoring the fact I am trying and just keep sending me the letters.. I don’t know what to do now, I have CCA’s ready to send off but im sure they will all be enforceable and have been holding off sending them, what shall I do?

 

Thanks

 

Bump

Link to post
Share on other sites

Subbed

 

Hi Whatamess. I going to follow your thread if you dont mind as we seem to be in a similar situation. I have also started a thread in this section - Not Sure What To Do Next.

 

But just some encourgment to keep going and not give up. As for sending CCA requests and I'm far from an expert, but I cant see what you have to lose. If they are enforceable you're only at the point you are now, but if they're not :D

 

Good Luck

 

Mark

Link to post
Share on other sites

Evening WAM how horrid for you. I agree that sending the CCA letters is a no loss option and it might make them think a bit. In the intervening period can we have a little more detail about the kind of debt and how many people you have chasing you? Try not to be too specific.

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

Link to post
Share on other sites

Are these your original creditors or debt collection agencies? Have you had default notices? Have any of the debts been assigned? Are there any charges or payment protection insurances?

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

Link to post
Share on other sites

Thank you all so much for replying i was starting to loose hope.

Ok between myself and my husband we owe 3 loans, 1 credit card and 1 catalouge all which amount to roughly 25k (not sure how much info you need)

 

I have had no default notices as yet but the last letters do say if i dont pay arrars now then they will be passed to a debt collection agency.

 

There are charges and also one of my loans have payment protection on it. Can i get this back? as the payment protection amounts to about 2k over the loan period.

 

I know this is not nice for anyone and wouldnt wish it on anyone but it gives me hope that there are poeple out there like us and hopfully can eventually start sleeping again at night. I am so pleased i found this site.

 

I first posted this on general debt advice and someone told me that my option is to go bankruped this surely isnt my only option is it, I have 2 young children who need a roof over their heads.

 

Thanks

 

Is anyone around, I have answered some of the questions i still need advise.

Thanks

Link to post
Share on other sites

Yep, I'm up. Got a few things to do but will be back.

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

Link to post
Share on other sites

Hi again, will be back with some more specific things for you to do during the day. In the intervening period try and calm down, you are just one of thousands in the same position these people will huff and puff but it's not personal. It'll take a while to get it sorted out.

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

Link to post
Share on other sites

Are the loans secured or unsecured?

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

Link to post
Share on other sites

Get a CCA letter off to all of these guys. Do you have a template or shall I find you one

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

Link to post
Share on other sites

All loans are unsecured.

 

Ok will send off CCA's I have them all written just needs to change the dates, and in the mean time while i am waiting 12+2 for the reply what shall i do about any other letters i recive from them?

Thanks again

Link to post
Share on other sites

Right about the calls, if they will not respond to the harassment letter then you have to move on to the attack.

First if they call you are they asking you security questions? If they are then refuse to answer them, you have no idea who they really are and giving a stranger security information just because they have called you is madness, the security question process is designed to confirm who you are when you call them.

If you do end up speaking to them ask them some security questions, for example ask their name, date of birth, mother’s maiden name, where they are located and the name of their supervisor.

Keep a log of date time, full name of caller and the organisation for which they work. If you can afford it get yourself a recorder (there’s an offer on the forum for them).

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

Link to post
Share on other sites

File them meticulously, keep all the envelopes and staple them to the letter, post them up on the thread using photobucket after removing all of your personal information and we'll have a look at them.

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

Link to post
Share on other sites

How are you holding up?

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

Link to post
Share on other sites

I am holding up well now that someone is advising me thank hevens for this site.

 

Im glad i changed my home phoone number i do not get one single call, which helps keep my sanity. Just waiting for the mobile to start ringing again in the next 4 weeks. The letter they sent me was good they said that I cannot record them unless i let them know im doing it, as i will be braking the law..

 

Thanks agian for your help will keep you informed. Whats the best thing to happen? That i dont get my CCA's or that i do get them and they are unenforceable?

Link to post
Share on other sites

You know, of course that it isn't against the law to record calls, I wonder what they're scared of? Can you post up the letter having removed any personal detail? 3 things can happen, they don't send the agreement, they do and it's unenforceable or they do and it is enforceable. An unenforceable agreement is always a useful tool.

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

Link to post
Share on other sites

Right, the loan with the PPI, do you have any documentation regarding the insurance?

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...