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    • Hi,   I received two PCNs in October 2019 from Havering Council. All the below applies to both PCNs, as the correspondences were at the same time:   Fast forward to February 2020, I file witness statements on grounds that I made representations within 28 days but did not receive a rejection notice.   The TEC cancelled charges.   Havering write to me asking for supporting evidence of representations that I made.   I email them screenshots with timestamps of the representations.   In early March Havering reply to me by email 'confirming receipt of email and both cases are now on hold pending an investigation. Please allow time for a full response to be sent.'   Fast forward to 18th June Havering write to me the attached: https://i588.photobucket.com/albums/ss328/pdottj/Mobile Uploads/20200630_164504.jpg   Now, it seems as though the sender of this letter is not up to date with both cases and is unaware of the TEC's decisions, as well as the email correspondence.   My questions are, 1) What should I do next? and 2) Is there a way to use their misstep to avoid paying for the PCN entirely?   Thank you.
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    • Hi   When you say lease is this a Private Rented Property? (is it a lease or an AST)   Exactly what type of Agreement did you have and start date and end date?   Was your Deposit protected in a Tenancy Deposit Scheme and your were given a copy of the Prescribed Terms of that Scheme?   When you moved out of the property was this agreed with the Landlord and a check out inspection agreed? (i note you mentioned they couldn't carry out the inspection due to covid-19)   Does your lease agreement have any clauses in it for 'Late Payment of Rent or Rent Arrears'? (if so what does it state)   Is there anything in the documentation from Lowell's giving a breakdown of this money owed? (does it have anything mentioning damage  or it is just rent arrears/charges)      
    • you can't continue the payments eitherway ...think about it............... so it makes no odds if you stop payments now does it...   it can't harm you by stopping else they'd be no point in either dro or pro-rata as it shows either would thus be pointless   pers i'd go DRO simply contact an approved intermediary
    • it's interesting to see the default has gone, but that would not have been the cra but lowells themselves, or poss the default reached 6yrs and was auto removed?   anyway no you don't take them to court and no don't need to settle the debt it's not harming you.   if you look at lowell claimform vanquis threads here (use our search to right) you'll see thats the usual twaddle they roll out for a CCA return which has never won them a court claim yet.    
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mintygit

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OK,

 

So you've been paying a DCA for a loan for around 3 years. You move house, stop paying, the DCA contacts you 6 months later to pay up.

 

You ask for CCA, they can't produce it, you feel good.

 

And here's the question...

 

Can you go back to DCA and ask for the 3 years money back or you take them to court? Knowing there's no legal CCA on the account.

 

Possible or not?

 

Not that I want to do this I'm just curious, anyone tried? Or best to keep your head down knowing they can't chase you and not wanting their legal team suddenly find the CCA lurking in some store room somewhere!?

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No, although a CCA may not exist it doesn't mean that a debt doesn't. It just means that it is unenforceable, any payments you make would be deemed as a gift.

 

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid.

In other words, it's a two way street, if a creditor cannot expect repayment neither can you.


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wouldn't a judge ask what you thought you had been paying for - for 3 years?

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Ok, thanks for that, nice quick answer!

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wouldn't a judge ask what you thought you had been paying for - for 3 years?

 

You were paying what you thought was owed under the agreement and those terms and conditions. As no agreement is forthcoming, then how could you possibly know if the repayments were accurate or indeed if you had already paid back the full amount owing......

 

The fact is, no matter what payments you have previously made before asking for a CCA, it is still your right to stop these payments should a CCA not be produced. No judge (I would hope) would enforce any agreement on the basis of payment history.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

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

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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What do you think the Judge would say to claiming the money back that you had already paid?

 

I agree it would seem absurd not to concede that any money paid for a non-existent agreement should be refunded.

 

Does that make sense?:-|

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As Cerberusalert stated - any money paid would be seen as a gift. If you expect money back from them based on the non-existence of an agreement, they could argue they want money from you based on the same non-agreement.......does that make sense? It would also be classed as unjust enrichment.

 

At the end of the day, when you were making any payments, you were under the impression that all was in order. You did not make payments under duress etc. The judge would frown on you if you tried to claim back any money. The only exception being PPI or unfair charges.

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:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

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

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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