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    • OK.  So you lent your car to a friend in 2019 and he racked up three parking tickets that he tells you he didn't know anything about(!).  You were the registered keeper (RK) at the time at your family address, but you got chucked out and could not change your RK address with DVLA because you were homeless.  You knew nothing about the parking tickets and enforcement action until you got a bailiffs' letter passed on to you.  You made an Out of Time (OOT) application in respect of one PCN but Birmingham CC objected to it and the traffic court rejected your application.  A solicitor helped you make OOTs in respect of the other two PCNs but you don't yet know the outcome of those two applications.   Is that the situation you are in?   dx100uk thinks you can resubmit the application saying your friend was the driver.  I don't think saying that will help as the driver is irrelevant.  It's the owner who is liable to pay the charge and that is the RK (unless the RK is a car hire firm).  I assume you are not a car hire firm so you are stuck with the liability, not the driver.   Whether you actually can resubmit an OOT once one has been rejected I do not know, but why not try.  What did the solicitor put on the applications they helped you with?  Did you not ask their advice about the rejected application while you were with them?  I think you would have to say something to the effect that you never received any paperwork in relation to the PCNs because you had been chucked out of your home and because you were homeless you did not update your address at DVLA.  That is the truth isn't it?  You don't want to lie on the application.   To me that's a good reason for you not doing anything about the PCNs, but I suspect that Birmingham CC will object again and that the traffic court will reject again.  And, as I said above, I don't even know if you can submit a second OOT application in respect of a PCN if the first has been rejected.   So it looks to me like you might be a bit stuck.   Unless dx100uk, or spaceman61, or another poster with expertise in local authority PCNs comes along I'm not sure what you do.   If you get no more helpful suggestions here you could try on National Consumer Service.  If you do go there, do not register with a hotmail address.  You will also need to provide them with a timeline of everything for all the documents you actually have, and you will need all the facts and dates etc at your fingertips.  And make sure they are accurate.   http://forums.National Consumer Service.com/index.php?showforum=30   And get your friend to contribute to paying off the PCNs.  Do you believe he really knew nothing about them?
    • To enjoy the protection offered by s.75 CCA 1974 for a credit card payment, you must pay over £100 and under £30,000 for the goods or service (even if part payment for a larger total amount).
    • Hi Charlie and welcome to CAG   As an Executor, you have a duty to insure the property and tell the currect insurer of the passing of the deceased.   Most insurers will refuse normal contents cover on a house left unoccupied beyond 60 days. So, unoccupied, the home will not be insured against break-in damage, theft, flood, accidental damage, etc.   You may be able to obtain FLEE insurance covering only Fire, Lightening, Explosion and Earthquake. It may cost more than usual contents cover  because the home is unoccupied, even though the level/amount of cover is less than for an occupied home.   As said here already, an Executor would be wise (or indeed have a duty) to remove valuables from the home if you have somewhere safer to store them pending Probate, distribution, sale, etc.   I hope if you can explain the insurance risks to YB and assure him that you are not taking items just for your own benefit, he may see sense.   Please keep us updated ............
    • yours is not the next move   dx  
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Please can someone help?

 

I have today received a court summons which went to my old address and the 14 days are up today!

 

I have sent it off before the 5pm post, but have no knowledge what my rights are, or what will happen at court

 

* please move this thread if I've put it in wrong section *

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What a crappy day :eek:

 

I believe that as long as you've posted it that is deemed to be effectively delivered, you sent it recorded of course?

 

From reading other similar stories I don't think you'll have a problem with the court saying you were late, especially as the claim was sent to an old address.

 

Have you gone to the MCOL and submitted your response there as well? The court forms/claim you were sent will tell you if you can use this service.

 

Go to it here: https://www.moneyclaim.gov.uk/csmco2/frontendcontroler?eForms_pageIndex=23&eForms_formResultId=1941632&eForms_action=DefendantLoginPage_LoginCommand&eForms_formId=405

 

That would get you off the hook for sure as you'd technically have until midnight and the postal submission can be a secondary safeguard, you should find all the details you need to do this on the claim paperwork. If you're defending you'll then have enough time to get your full defence together after gathering info needed to do that etc.

Edited by emandcole

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oh thanks emandcole!

 

(just to clarify, and to avoid any confusion - I am "buzzard10" but logged on at the moment as "buzzard21", we are friends but B21 is not as computer literate as I am,- maybe it wasn't very clever of me to use such similar names :confused::confused:)

 

He is however coming round to my house in an hour with all his paperwork so we can get a better picture then. I want to check if there were any default notices sent etc. He sent court stuff off today before I could offer any help, because he panicked. I'm not sure yet if he's used the MCOL.

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Ah,

I'll try and keep on top of that :rolleyes:!

 

Yep, bung it all on, sure we can sort something out between us

 

:D

 

If he didn't send his submission recorded delivery it may be worth his while ringing the court tomorrow to 'chase it up'. Course it won't be there yet but they may make a note of his call to check if it's arrived which should help him with some leeway if the court moans its late.

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Thanks for your help emandcole. It wasn't due today as B10 said, I do have a few days left so I should have enough time as it went off in today's post. I've not been on the MCOL website.

 

I have only received demands for payment, I don't think I have received a default notice (but still need to have look around to check, it was a bit of a rush today so I may have missed papers).

 

A brief history is that I took delivery of goods early this year, however because my business started to suffer I couldn't make the payment. I did make some payments to reduce the debt, but couldn't make regular payments. I spoke to them a number of times on telephone, and paid bits and bobs intermittently, but haven't for the last few months. They have threatened me with court action and stat demands, but I simply do not have the money to give them at this time. Tried to explain this on telephone, but it was like banging my head against a brick wall.

 

What I have done, is admit to the debt and offered a token payment (whether I can actually pay it is a different matter, that depends on business picking up) I sent the court papers back along with an income and expenditure list. So just waiting for the response now.

 

Any help is appreciated so I can understand this whole situation better

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Of course, yes check you have all the paperwork. Can I ask, how much is their claim for?

 

Have they threatened/sent statutory demands? Are they likely to pursue a bankruptcy petition?

 

Have they been at all reasonable when you've offered to make payments and get on top of the debt?

 

Do you have a good document trail to evidence what been going on between each party?

 

Is the product under a credit agreement or some kind of stock agreement?

 

Was there any chance or offer (if suitable) to return the goods?

 

How long has the creditor/supplier been waiting for payment?

 

What are the arrears on the default (if you have it) - Get it posted if so

 

Can you scan the POC on the claim form after concealing any personal info on the form?

 

Yeah, I know, lots of questions :rolleyes:

 

Although you've sent back an admission we should still pursue all avenues as there may be cracks there which we can open up.

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Thanks: I will answer in same order as you;

 

It's for £1500.

 

They have threatend a stat demand, not sure if they will pursue or not.

 

They have been reasonable in that they have waited nearly a year for payment, and have accepted that I can only pay in instalments, but whenever speaking to them on telephone it has always been hard to get the point across that I can't afford to pay as much as they want.

 

Yes, I have a good document trail.

 

Not sure if it has a credit agreement, but I have been purchasing from them for the last 15 years, so some kind of agreement must be in place. I don't have any documents to determine what this agreement is though.

 

No, I needed the goods and they have now been used and I do intend to pay for them at some point.

 

The creditor has waited almost of year for full payment, I have made a number of payments to reduce the debt, but they have added charges and interest on to it.

 

I don't have a default notice.

 

I can't scan the POC as I don't have a scanner (will ask buzzard10)

 

thanks for your help

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Hmmm, ok. If you don't have a default notice and they're litigating we have to assume whatever arrangement you have is not subject to a formal credit agreement.

 

I think it's important to determine exactly what sort of arrangement this is in order to understand it and make any progress.

 

How does the purchasing process work? Do you have any kind of credit token in order to obtain goods without offering immediate payment?

 

Is this a personal or business matter?

 

We need to establish what right they are using in order to show that whatever goods you have were not a gift for example. There must be some form of agreement in place in order for them to verify and act upon this alleged lack of re-payment.

 

Can you elaborate for me?

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  • 4 weeks later...

Hi, just to update you, through my ignorance on these subjects, I didn't realise that the 'court summons' I was referring to was in fact a ccj.

 

I thought it was merely a letter asking if I agreed that the debt existed and I gave all information to them regarding my income and expenditure.

But I now have a ccj and I didn't even see it coming.

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:eek:. How'd that happen? Was it a misunderstanding of the papers you'd been sent from the off or has the claimant secured a summary judgement?

 

It just wasn't clear to me that it was for a ccj, they didn't get a summary judgement. I filled out the form and sent it to back the company, so I thought it was just an agrangement between us to pay them back in installments (and in order to keep it out of court), but I was wrong.

 

I'm just looking through paperwork now, to see if they ever had my new address, I think they did, but have continued sending to the old one.

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