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    • Thanks for the welcome Andyorch   dx100uk - I have had 2 previous addresses since coming back to the UK.   Does this mean I should not ignore?   
    • I would be inclined to rip their WS apart. That way, I doubt that VCS would wish to proceed to Court.  In paragraph 5 VCS claim they have full compliance with their Code of Practice for Private Enforcement and Private Land. Really? Can this be the same VCS that was issuing PCNs between 2013 and 2017 knowing that the signage there had not been agreed by Liverpool council and therefore the signage was illegal. Here is an open letter from the Parking Prank   Tuesday, 19 November 2013 An open letter to Simon Renshaw Smith of VCS parking regarding Liverpool John Lennon Airport   19/11/2013 Dear Mr Renshaw Smith,   I wish to draw your attention to the procedural impropriety in your operational activities on the approach roads within Liverpool John Lennon Airport.   You are actively operating under contract to issue civil penalty tickets (PCN’s) for traffic offences on the roads such as stopping at the roadside, whether for seconds, minutes or even longer, or for parking on the roadside verges.   You are doing so based on an allegation of contractual agreement for a breach of parking conditions and are actively sending out a notice to keeper in each case where you ask for the name and address of the driver. You are doing this under the provisions of the Protection of Freedoms Act 2012.   As you are no doubt aware, due to your many years of experience in emptying people’s wallets, where land is governed by byelaws the remedy for any breach of conditions of those byelaws is through the criminal courts, such as a magistrates.   Not only that, since the byelaws set an amount of penalty for failure to comply with them; a further amount based on your own assessment is unlawful at best and perhaps even fraudulent.   A set of the byelaws for the Liverpool Airport have now been obtained from a reliable source, Liverpool City Council,  which sets out the airport’s stance on roadway use, or misuse. It also lays down a penalty upon summary conviction for a breach of the byelaws of £5 for the 1st offence and a further amount of 40 shillings for a continued daily breach.   I put it to you that these byelaws govern the airport’s penalty regime for the alleged contraventions you are enforcing. In fact there is no penalty for stopping at the roadside. There is no offence committed so there can be no penalty unless it can be proven in a magistrate’s court that this action amounted to a failure under para 14: “Driving or placing a vehicle carelessly or dangerously or without due consideration for persons using the airport”   Para 18 gives notice that a “failure by the driver of a vehicle to comply with any direction for the regulation of traffic given by a constable or any person acting on behalf of the council or a traffic sign” will be subject to the penalty regime of the aforementioned £5 plus 40 shillings per day afterwards.   The mention of the traffic signs and the council's part in the overall monitoring means that the signs must be compliant to the TSRGD which are those shown for the public highways; not the ones arbitrarily stuck at the roadside by yourself which are meaningless in the context of the legal status of the byelaws.   Furthermore, POFA 2012 3(1)(c) states that Schedule 4 only applies on land on which the parking of a vehicle is not subject to a statutory control. It further states (3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.   The byelaws state at para 2.19 that the following act is prohibited. The penalty for this is a fine not exceeding five pounds.   POFA 2012 therefore does not apply, and you may therefore only pursue the driver and not the registered keeper. Moreover, you may only pursue them for the sum of five pounds.   Knowingly pursuing the registered keeper when POFA 2012 is an offence which the DVLA take extremely seriously and may ban you from access. The BPA wrote to you in their electronic newsletter this month reiterating this.   I put it to you, Mr Renshaw Smith, that your company is operating unlawfully at the Liverpool Airport site and ask what you intend to do since this has now been brought to your notice.   May I remind you that since this is an unlawful operation, you may well be required at some later time to recompense the amounts of the PCN’s already paid by drivers, and perhaps face tough questions in a court of law, not just a civil court.           Happy Stopping Briefly At the Roadside   The Parking Prankster   The Prankster would like to thank his source for the above   I am sure that you will find other examples of VCS not complying with Code of Conduct or the Law.   And of course VCS do not have the ability to take you to Court because you were a trespasser and only the land owner can take a trespasser to Court.          
    • Yes ...you have it confirmed by the court above that they requested a copy of the Order/Consent on the 2/08/2019....and then requested judgment on 21/08/2019 .
    • blimey J&P   I wonder how many more solicitor firms UAE creditors will try and use as a cheaper alternative to IRDWW and their cohorts that appear to have cost them £1000's in fees for nothing in return.   if this is not a letter of claim  pers i'd ignore them unless you have previous UK addresses since coming to the UK?
    • Thats the idea.....any further flaws with the reconstituted agreement ? They will be able to rely on a recon given that the agreement is post April 2007 but it must be accurate and a true copy of the agreement used from that date.   Andy
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skywalker1010

Barclays Claimform on A personal guarantee business overdraft ***SET A SIDE***

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Hi Sky

 

The 8% interest is sec69 interest not PJi.If both parties are businesses and the debt relates to a commercial transaction, then it may be more appropriate to use the provisions of the Late Payment of Commercial Debts Act. This allows for a higher rate of interest and for additional debt collection charges. Do not use this, if either you or the claimant is a private individual.

 

To claim section 69 interest you first have to work out the total amount of your claim - excluding interest and court fees. You are entitled to claim interest at 8% per annum on this amount. Work out the 'daily rate' by multiplying 'the amount of your claim' x 0.00022. You also need to count up the number of days from when the money became due up to the date on which you issue the claim. Multiply the daily rate by the number of days to work out the 'interest so far'. Then drop each of these numbers into the following paragraph:

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became due] to [date of issue of claim] of £[interest so far] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [daily rate].

 

This paragraph should then be included in your particulars of claim, probably as the last paragraph.If not included then it cant be judged.

 

Regards

 

Andy


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Hi Sky

 

The 8% interest is sec69 interest not PJi.If both parties are businesses and the debt relates to a commercial transaction, then it may be more appropriate to use the provisions of the Late Payment of Commercial Debts Act. This allows for a higher rate of interest and for additional debt collection charges. Do not use this, if either you or the claimant is a private individual.

 

To claim section 69 interest you first have to work out the total amount of your claim - excluding interest and court fees. You are entitled to claim interest at 8% per annum on this amount. Work out the 'daily rate' by multiplying 'the amount of your claim' x 0.00022. You also need to count up the number of days from when the money became due up to the date on which you issue the claim. Multiply the daily rate by the number of days to work out the 'interest so far'. Then drop each of these numbers into the following paragraph:

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became due] to [date of issue of claim] of £[interest so far] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [daily rate].

 

This paragraph should then be included in your particulars of claim, probably as the last paragraph.If not included then it cant be judged.

 

Regards

 

Andy

 

Hi Andy,

 

Thanks for taking the time to reply. But I am a little confused about what you are suggesting. Are you saying I need to calculate the interest under section 69 to claim back? The original interest was added to the overdraft defecit when it became due, when debt was not paid, it went to Court (see all posts in thread), I got it originally 'Set Aside' but eventually in Court it was determined after income and expenditure given to Court I was to pay £150 a month. The Court threw out extra costs by claimant, and it was said that all I needed to do was pay this amount without default and the house would not be on the line. In fact the judge wrote in the CCJ that no approach to force sale was allowed.

 

Over a year has now passed with me paying £150 every month, while the interest applied to the court amount is steadily increasing.

 

There is money in the hose which I cannot get at. Lenders will not let me re-mortgage without clearing the CCJ.

 

I am desperate for someone I can talk to who I could arrange a re-mortgage to get some of the cash out, 1. to pay a full and final on the CCJ and 2. to pay off card debts.

 

I have seen CCJ-remortgages on the net but dont know if I am jumping from frying pan into fire or what ;o(

 

I really feel that extracting £50K from the house which is just sitting in it, will be the full answer, I can then get on with my business. Which is actually doing well, but not well enough to fund all the payments each month, with these out of the way I can concentrate on the business a turn a profit in 12 months.

 

Thanks

 

SW

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No Sky the above is from the Claimants perspective.When a claim is issued sec69 interest is chargeable on all debts subject to them pleading it on their P.o.C.So the interest was applied up until judgment at 8%.No further interest can be added to the judgment (post) unless its deemed in the T&Cs of the agreement.

 

Regards

 

Andy


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PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Is there anyone on the forums who has re-mortgaged or can arrange this under these circumstances?

 

thanks

 

SW

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Okay, I thought I would come back with an update.

 

I stopped paying the £150 a month in 2011 as I mentioned.

I also researched the board of Barclays and prepared an information pack of the whole case to send them, where I had no legal representation or time to see the pitfalls on the 'business loan' that all led to the debt.

 

Each pack was about 15 pages with scans of letters where the overdraft was converted by the manager and other details. This was sent to 8 of the main board of Barclays, the Financial Ombudsman and The Prime Minister, all registered and signed for.

 

I did get a nice letter back from Downing Street who said they would pass onto the Financial Minister, I had letters back from Barclays saying they were looking at my 'complaint'

 

But a year or so went on, without anything back.

 

Then suddenly I received a letter from Barclays.

They had decided to cancel the debt, the Court charge and stated I had nothing else to pay! They even said they would be making contact with the Land Registry to take off the Charge and that would be the end of it!

 

The debt has now vanished, the Charge is off the Land Registry and the feeling of relief is huge :-D

 

I just wanted to share this with you and say to anyone in a similar position "NEVER GIVE UP"

 

Thank you to all the advice I had received on here, it feels like a long journey but made bearable when you have people in your corner like the members of this forum.

 

Cheers

 

SW

Edited by dx100uk
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Sorry, I had to come back and say that I was a bit surprised that no-one posted anything after my last update.

 

A huge surge in views, now over 25,300,

I thought at least a comment from anyone would be welcome.

 

Perhaps others felt, you're jammy,

yes we all have reason to be in these positions and many are of our own making.

 

But I thought some really positive news shared can only be positive to anyone else struggling in the same position that you should NEVER GIVE UP!

 

SW

Edited by dx100uk
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I dont think there is anything further to add......but thanks again for the update and well done.

 

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Thank you Andy for providing a great resource for people like me, you and others have given me the knowledge and I appreciate that. cheers SW

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