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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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Lloyds TSB ccj


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You can consent to the case being allocated to SCT,

 

all you need is the agreement of the other side, normally you would be fast track with that amount in dispute but i was merely trying to offer you some protection on costs, SCT you will not get costs against you , thats the general rule however, i have just done a fast track trial where the cost order was £11414.59 in our favour so, this is why i raised the point

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thankyou for advice PT . I thought over a certain amount it was not allowed to be small claims . I think that would be good advice if we were to lose !!! .

 

On another point .. i have been thinking about things this morning and maybe something to say if we try to reach agreement before court .....

 

how much of a balls up have they made in sending DN to wrong address when they clearly had correct one ??.... any use as a bargaining tool in any negotiations to keep it out of court ????

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sorry to be a pain .... have just looked at some other threads that have quoted the relevant sections and it really does look like the DN they have sent cannot be considered served as they sent it to an address that they know was not the current address ( they sent a statement a day earlier to correct address) ..... is the non conformity of the DN a complete defence in court ??????? any comments appreciated

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Yes - the DN is defective

 

I am afraid that that I don't agree with PT on the allocation of track - in my experience you get much better disclosure in the fast track but its' up to you

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Yes - the DN is defective

 

I am afraid that that I don't agree with PT on the allocation of track - in my experience you get much better disclosure in the fast track but its' up to you

Oh i agree on the track in respect of disclosure

 

BUT we are dealing with a LIP not a skilled lawyer, so i also consider the issue of costs if the claim is lost, that is why i say to seek consent

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My problem is that I don't agree that you can guarantee that you will get adequate disclosure in the SCT and in my view disclosure is often crucial.

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Have you had a detailed breakdown of how the sum they've claimed has been calculated...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Can't you ask for disclosure in SCT?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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i dont have a detailed claim ... and in the statements they have sent going back 6 years there is not one single purchase ... only interest and fees !!!!

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Can't you ask for disclosure in SCT?

 

You can but it is a much more discretionary thing - in the fast track you have a much more clearly defined right

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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also .. in the statement from Lloyds it says the account was closed on 8th october 2008 . again having read some threads on here am i right in thinking they cannot now issue another default notice because the account has been closed ??? i am thinking of writing to them explaining the defective dn and inviting them to withdraw their claim but want to have all the facts i can

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sorry to bump but was hoping to put plan of action together tomorrow ... so would a letter to their solictors telling them they have mucked up be good idea or not ??? would they be able to concoct something if i open their eyes to it ???

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I don't think a letter to the solicitors would serve much purpose to be honest, assuming that your defence has everything in it.

 

What further help do you need at the moment?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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so just keep it for court ??? was thinking that but on the other hand thought it might show the judge that i had attempted to save the courts time etc etc ....

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i think now thats decided am ok for the moment . Think i will ask for fast track to ensure disclosure . will send AQ of nearer the time it has to be in . Just one thing i was going to ask ..... As i said in the opening post ... the card is in my wifes name .. she is extremely worried about the possibility of having to stand up in court and quote case law etc ... is there any way i can represent her or can i only be there as a mackenzie friend ???

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The choice is yours and I see your point, but personally I wouldn't. Others may see things differently.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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i think now thats decided am ok for the moment . Think i will ask for fast track to ensure disclosure . will send AQ of nearer the time it has to be in . Just one thing i was going to ask ..... As i said in the opening post ... the card is in my wifes name .. she is extremely worried about the possibility of having to stand up in court and quote case law etc ... is there any way i can represent her or can i only be there as a mackenzie friend ???

 

Most courts will allow a spouse to speak for their partner

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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