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    • Hi All, newbie here, hope I'm doing this correctly.   Two years ago the wife was using my car and bought a ticket in a train station car park and displayed it on the dashboard. She returned to find a parking charge notice from Excel. It was a very windy day and it had evidently been blown on the the floor of the car as she left. It did not have a self adhesive part to stick to the window. I subsequently followed their online claim procedure and sent a copy of the ticket but the claim was refused. A couple of days ago I received the County Court Business Centre claim form in the post after presuming it would go away after not hearing from them for about a year (the usual threatening letters from debt recovery companies etc).   I wish I had paid the original £20 as this has been a big worry and hassle, but I just ignored most of the letters after reading stuff online. Obviously I want to dispute the whole of the claim but do I have a decent defence? I would cite the fact that the only reason the ticket was not displayed was that it could not be stuck to the window.   Any help and advice would be greatly appreciated.   Name of the Claimant : Excel Parking Services   Claimants Solicitors: Unknown   Date of issue – 08 July 2020   Date for AOS - 27 July 2020?   Date to submit Defence - 10 August?       What is the claim for – Breach of contract - parked without clearly displaying a valid parking ticket in Brewery St car park, Chesterfield on 02.07. 2018. Defendant has failed to settle the outstanding liability and Claimant seeks recovery of of the parking charge notice, costs and interest       What is the value of the claim? £185.00
    • I have had a letter from RBOS saying they have assigned my debt of £3600 to Cabot however it must be at least 6 years since i did anything with this debt, the letter was sent to my old address.   i have had a look around on the site but cant see a FAQ to do with these issues ( probably me not looking the right area)  .   can anyone advise me on what the next steps are as i assume this debt may be statute barred ? but im loath to ring Cabot and go through any details with them and would rather do it via letter.   as back ground i have other debts with other banks and currently have CCJ obtained via backdoor so im obligated to pay that debt. also did a stepchange thing that showed i have no other available funds to pay these other debts off.   any help appreciated
    • Hi all   It's been a long time since I've used this site, I used to be a frequent poster, mainly in the parking subforums.    I'll try and keep this as concise as possible, although it may get a bit confusing, so apologies in advance.  Also I hope this is the right subforum for such a matter, but I couldn't see anything more specific for divorces/family law.  So here goes..   My now ex-wife and I divorced last year, after our relationship broke down due to irreconcilable differences.  She initiated the divorce proceedings so was the petitioner, I was the respondent.  We informally agreed early on that she would stay at the family home (I moved out), and buy me out of my share of the house and contents.   We went to family mediation and hashed out an agreed settlement figure that we were mostly happy with.  A lump sum for the house and contents, plus she would give me the money to pay off several loans for goods on hire purchase that remained in the house, as the debts were solely in my name at the time.    I did not contest the divorce on any point, except she wanted me to pay the court costs of the divorce (£850) since she blamed me for the breakdown of the marriage.  I objected to this on the financial paperwork, stating that I was not the petitioner, plus the cause of the breakdown of the marriage were not due to adultery or domestic abuse.    The financial court ruled against me, meaning the £850 would be deducted from the final settlement figure.  I was looking to appeal against this decision which would have delayed the proceedings by several months, however in the meantime I was able to make an agreement with her solicitors to split the court costs 50:50, so we would in fact be paying £425 each.  They sent this offer in a letter headed "Without Prejudice", stating that if I was agreeable, they would submit an amended financial order to the courts with the amounts amended so I would only be paying £425 instead of £850 towards the costs.  I responded to this in writing and signed the form they sent me, initialling where the amount was changed on the financial order.   This is where it gets a bit tricky.  They then resubmitted the ORIGINAL financial order to the family with the £850 deduction still on it and promptly stopped responding to my calls and emails.  My ex wife has now paid the settlement figure, with the £850 deducted rather than the agreed upon £425.  It's a bit of an odd situation as my ex paid me basically exactly what it says on the court form, even though I made a different agreement with her solicitors.  I feel they've been dishonest in this case, whether intentionally or not but it's still left me over £400 out of pocket.    My question basically is this?  Do I have any legal recourse options available to me against the solicitor?  Does the fact that they headed the offer letter "Without Prejudice" mean that they can basically go back against their word and not honour an agreement that was made in good faith?  I've been doing my own research into this subject and it's a bit of a minefield, but I'm wondering whether I've got grounds for a complaint to the Solicitors Regulatory Authority, or possibly even pursuing them via the Small Claims Court?   Any thoughts?  If you need any more information or need me to clarify any particular points, please let me know.   Thanks in advance CD
    • That IS the question HB.   My literal quote isn't surrounded by additional perspective I commonly add and was shown as is.       "64% of the UK’s trade with all the countries with which the UK is seeking continuity,"   * It seems a given that Johnson is not seeking continuity with the EU HB   * Undoubtedly the reality is they just mean 64% of continuity with the handful of African nations that the reference was in despite it implying something else   In which case, a more accurate statement than that presented by Johnson the Liars representatives would be:   We've managed 64% continuity with a small group containing a small handful of African nations which are a small part of Africa as a whole and an utterly tiny part of world trade   and presumably, as they have singled that out for special mention to give their chosen implied perspective ... - that 64% continuity (a little over half we have as part of the European Union) the best 'continuity' deal they've managed so far with any county or block.   It certainly isn't 64% continuity of even JUST the external to the EU beneficial trade we have as part of the European Union let alone replicate the benefits with the rest of the EU   and Don't forget thats just continuity - carrying on what we currently have - and not any new or additional/improved deals  
    • Can I just ask only because I do panic about stuff like this.  More because of the affect it has on my husband.   In 2014 when my husband was at his worst and NatWest got the charging order on our house (which was then repossessed) we had to stop using our NatWest bank account which we did.  When we signed up for credit reports in January we noticed our NatWest bank account was being reported on a monthly basis so we decided to close it.  My husband and I went into a branch and closed it.  We had 4 accounts, 1 for everyday banking and 2 savings and 1 was the loan.  She said she could close the 3 accounts but obviously not the loan.  She said she’d transfer the money from the 2 savings into the main bank account and give us the money then shut all 3.  We were gobsmacked when she gave us over £1000.  We never thought we had money in the accounts.  Can this be used against us?  The 3 accounts are now shut and marked as settled on our credit file.
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I have been issued with an ATR for a parking fine which totals $363 with no breakdown of costs. However the previous costs were,

 

Penalty Charge $110

Letter Fee $11.20

Vat: $1.68

Total: $122.86

 

On the intial reminder i contacted the council and baliff company and disputed the fine on the grounds that the info had been sent to the wrong address, this has obviously come to nothing and two days ago I received an ATR = Attendance to remove goods which totalled $363

 

No levy has been made, the ballifs have not entered the house and according to whats listed below i should only have to pay original fine plus 28%. I have explained to the baliff company that i am happy to do this but they say I have the pay the fine + the ATR fee or they will send a locksmith round and remove goods. These costs are not even inline with those listed on the bailiffs website.

 

Road Traffic (parking penalties)

 

Fees

 

For preparing and sending a letter advising the client that a warrant is with bailiff and requesting the sum due £10

 

For levying distress where the sum due is not more than £100 £25

For levying distress where the sum due is more than £100 25% on the first £200 and 5% on any sum over £200.

 

For attending to levy distress but where no levy is made Reasonable costs, but not more than the fees that could be charged if a levy were made.

 

The fee for sending a letter to the debtor can be charged only if the letter is sent before a first visit is made.

 

Bailiffs are allowed to charge the fees for a maximum of three visits only.

 

Charges

 

Walking possession 50p each day for the first 14 days and 5p a day after that.

Valuation Reasonable fees, charges and expenses of the broker.

Removing goods or attending to remove goods where no goods are removed Reasonable costs and charges.

Sale of goods 15% of the proceeds of sale if the sale is held on auctioneer's premises to cover the auctioneers commission and out-of-pocket expenses, plus the reasonable cost of advertising, removal and storage.

 

OR

 

7.5% of the proceeds of sale where the sale is held on the debtor's premises to cover the auctioneer's commission, plus out-of-pocket expenses actually and reasonably incurred

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Someone with more experience than me will be along soon - this is a great site for useful advice.

 

However from what little I know I am certain that a collector CANNOT use a locksmith to gain entry to your house.

 

This is a standard trick they play to frighten people into paying them whatever they ask for.

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Thankyou. The website is brilliant. Am i allowed to say the name of bailiff company?

I plan on getting the papers involved.

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Yes, please name and shame...


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Marston Group - Debtors help - Road Traffic Act 1991 and Traffic Management Act 2004

 

They even quote $175 for a ATR on there site which only brings my bill to $297

 

I also found this in the local rag

 

Girl hurt in bailiffs row - COMMENT ON THIS STORY - Scarborough Evening News

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Marson are a company that often operate illegally. They should immediately be shut down.

 

Had a guy from Marstons call me up about an unpaid congestion charge fine - i was driving a hired vehicle and just forgot to pay it.

 

Tried calling martsons helpline number to say that a stat dec had been filed and the woman just put the phone down on me.

 

i phoned back and spoke to the same woman, and questioned her how can i sort this out if you slam the phone down? i said.

 

She said she just processed payments and thats it. She said i shouldnt had let it get to this late stage, and she was only interested in collecting the payment. nothing else.

 

Debt they wanted was £470.00. I told the bailiff (cock) when he phoned me i had no possesions and was bankrupt last year, so thats the last i heard of them. (they had my number from me calling their 'helpline'


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Im going to call the bailiff tomorrow and contact the ofc, police and local raga aswell as the council and cause them as much **** as i can!

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all the best, and don't give up with the fob offs the Police will probably give you.


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On the intial reminder i contacted the council and baliff company and disputed the fine on the grounds that the info had been sent to the wrong address, this has obviously come to nothing and two days ago I received an ATR = Attendance to remove goods which totalled $363

 

 

If it is the case that statutory documentation had gone to a wrong or previous address then it is SIMPLY the case that you need to file an Out of Time late Statutory Declaration. Telephone the Traffic Enforcement Centre on 08457 045 007 and ask them for details of the address on the Warrant of Execution. You will need to have the PCN number to hand.

 

If the address on the warrant is a previous one then the TEC will e-mail you an Out of Time Application. Filing this will FREEZE all bailiff action.

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Many thanks for the reply. I will folllow your advice straight away. Im still curios as to how these ATR charges work as there are no regualations that i can find about them.

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A bit more progress on this. I have paid 150 quid of the fine to the balliff company and agreed to pay the remainder this friday. It appears there have been notices sent to this address. I can only presume they have gone missing. I live in a shared house and mail does go missing quite a bit, mainly put in the bin as its mistaken for junk mail. I've explained this to the council, but it has got me knowwhere.

 

My best point of agrument is to now pay the ATR charge. The council will cannot verify this charge as legitimate and nor will the county court, therefore should i simply put this in writing to Marston and advise them to bugger off?

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A bit more progress on this. I have paid 150 quid of the fine to the balliff company and agreed to pay the remainder this friday. It appears there have been notices sent to this address. I can only presume they have gone missing. I live in a shared house and mail does go missing quite a bit, mainly put in the bin as its mistaken for junk mail. I've explained this to the council, but it has got me knowwhere.

 

My best point of agrument is to now pay the ATR charge. The council will cannot verify this charge as legitimate and nor will the county court, therefore should i simply put this in writing to Marston and advise them to bugger off?

 

I would just like to know WHY you did not file and Out of Time late Statutory Declaration. You say that notices had been sent to your current address. Were these notices from the bailiff?

 

I did provide a post to advice on this and provided a telephone number so that you can check to see what address the Warrant of Execution had been sent to. Did you do this?

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Because although i was informed by the council that they were sent to this address, according to the council records. The only info I have seen is the balliff notice, i.e the attendance to remove goods.

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Because although i was informed by the council that they were sent to this address, according to the council records. The only info I have seen is the balliff notice, i.e the attendance to remove goods.

 

Have you telephoned the traffic Enforcement Centre to CONFIRM the address on the Warrant. This is VITALLY important becuse the address that is on the warranty will also be the address where all prior statutory notices had been sent.

 

If this does turn out to be a previous address, then it is a simple matter of filing an Out of Time.

 

The telephone number is 08457 045 007 and you will need your PCN number to hand.

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