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    • own topic created  tnx the info. dx  
    • this debt: MBNA Bank of Scotland Card debt- LInk got a CCJ - now want payment review - MBNA - Consumer Action Group and a barclaycard loan - did you ever send the a CCA in all these years.....when was it taken out?    
    • Welcome to the Forum. The PCN must be subject to Bye laws as the warning near the bottom of the PCN does not comply with the protection of Freedoms Act 2012 Schedule 4 Under Section 9 [2][f[] of the Act it should say: (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; Their version states they are pursuing you as the driver [because of the Bye laws they cannot transfer the liability from the driver to the keeper] even though you are the keeper. Should it go to Court Judges do not accept that the driver and the keeper are the same person. Obviously on many occasions another member of the family may be driving instead of the keeper. Indeed anyone with a valid motor insurance policy is able to drive your car. if any of the three cars were not driven by the keeper they are not liable to pay the PCN only the driver is.  as long as they do not divulge who was driving those lovely people at Alliance haven't a hope of winning against them in Court. What a shame. However while those keepers who were not driving are in the clear all is not lost for the other keeper drivers. Alliance still have to prove who was driving which is difficult providing those keepers do not appeal.  It is quite often that on appeal the keeper may say "I entered the car park at....."  immediately giving away that they were the driver. Plus even if you appeal it won't be accepted as a] they lose £100 straight away and b] mostly all the major car parking companies are dishonest scrotes. In the meantime you will be on the receiving end of threatening letters from Alliance, unregulated debt collectors and fifth, sixth or even lower rated solicitors all trying to frighten the life out of you to cough up. They can all be safely ignored since if you don't contact any of them they don't know who was driving so have no information that the can use in Court to identify the driver. Some time in the future they may send you a Letter of Claim which must not be ignored. Just let us know and we will advise a suitable snotty letter to send them which will show that you are not afraid of them and are happy to turn up in court knowing that you will win. Sorry it was a bit long winded.  
    • He’s still At it from a bungalow on Haslingden Road. Changed name to Bamberbridge cars with a Preston based phone number (01772) but dodgy dealings at the bungalow are still a go.
    • Britain faces new challenges from an older and sicker population, according to a new report.View the full article
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Court Judgement against company that has now ceased trading


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I have recently been awarded a judgement against a local 'franchised' company through the local court that was due for payment by today. As no payment was forthcoming I called the shop - there was no answer. I then called the head office which told me that the local franchise had ceased trading. The judgement is against the company name but with the local town name aswell - what can I do. The courts won't advise me. I don't know if the shop is in administration - I will check at the shop this evening but don't hold out much hope. Any help would be appreciated

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Companies house web site will tell you if the company is still trading or in administration. If administrators are called in to wind up the company then creditors will be invited to submit details of monies owed to them, if the company has any assets then they will be allocated according to a strict criteria. I wouild think you have very little chance of getting your money as most places cease trading when they have nothing

If I have been of any help, please click on my star and let me know, thank you.

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Companies House only has one company listed with their name - I think the local shop is just a franchise so isn't listed. This is where my problem lies because the main company is still trading but my action was against the local shop - so I'm not sure of my position.

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In most cases iti s the norm for a franchisee to be a seperate legal entity from the franchisor. Have you any paperwork from the local shop that should show you the correct Limited Company name or Company number that it traded under then you could check companies house for that name to see if it is entereed into an insolvency arrangement.

If the Company has simply ceased to trade rather than entering into some sort of insolvency arrangement you would still have some (though very small) chance of getting something. Has the shop got any stock left in it or fixtures and fittings that might have any value?

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So I checked the shop on my way home tonight and there is a notice on the window that say's the shop is temporarily closed and looking for a temporary manager. This isn't what I was told by 'head office'. The shop is still intact, full of stock, but currently closed. I can pay to have the council bailiffs in (again no one will give me advice) but does anyone know what the bailiffs legal rights are with the shop closed - and how many times will they try to collect with the shop closed as it may re-open in a week or six months - I don't want to throw good money after bad, but if I can collect the judgement then obviously I will go through with it. Thanks to those that've posted already.

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Personally i would have it 'transferred up' for enforcement by a High Court Enorcement Officer. |t costs £50 and they have far more powers than the Council bailiffs - they have a right of forced entry on business premises. Their fees are added to the debt for them to collect and they are a lot more tenacious than council bailiffs. If you google HCEO transfer up you should get more information opn how to do this. Is a failry simple procedure where you just need to fill in on eform and then send it off to whoever you choose to collect it for you

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It sounds as though the local business was on 'sole trader' basis or something like. Companies House only handles companies.

 

You will need to find the real owner of the business, and you may be able to find this out from the head office.

If you can find the owner's home address then you can serve any documents there, however I suspect that that person has either disappeared or cannot pay his bills because of a lack of income from the business. Hence your chances of recovering the amount owed may not be great.

Note that bailiffs and HCEOs can be quite tough if they need to recover their fees from the debtor. If they are getting fees from the creditor then they commonly make only a token effort.

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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