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    • The reason for the photos is to show you weren't displaying a permit.  They are supposed to check that the permit hadn't fallen off the dashboard. There is no point in appealing to PPM.  The very people who deliberately set up the site with rubbish signage to catch motorists out are highly unlikely to find against themselves. You've said several times that you think the company who you met with called PPM in so these are the people you need to contact in writing to request they call PPM off.  Until you do so we're going round in circles. If you don't want them to have your e-mail address simply set up a secondary e-address.  
    • Please see attached redacted judgment for further infoVWFS (UK) LTD - Salisbury CC - Judgment - 20240507 V Final _copy redacted.pdf
    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Newbie looking for help & advice with Bankruptcy


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Hello,I'm new here,only just registered today after finding the site by luck,I'm looking for help & advice regarding bankruptcy.

 

My story goes like this:

Over the years I got myself into approx 26k of debt which I was coping with,although I was broke all the time as a result :rolleyes:,anyway all was ok until around the end of 2007 when I really started to struggle because in my job we only got paid for the work/jobs done (ie no work = no money) & things were starting to get really quiet & my earnings had fallen significantly.

I decided to enter into an IVA (with hindsight I should have just gone bankrupt there & then but I did want to try & pay my debts off) in order to reduce my outgoings & hopefully get me through the quiet patch,unfortunately shortly into my IVA work got worse - to the point where I wasn't even earning enough to pay my rent let alone the IVA,bills etc & food for myself.

 

I had been looking around for alternative employment but I couldn't find anything I could do that would pay enough to cover my outgoings,it got to the point that I could no longer afford to pay my rent etc & I had to move out & sell everthing I owned to raise some cash & move back in with my parents otherwise I'd be homeless,the problem with that was my parents live abroad so I also had to leave my job & move abroad.

 

I continued to pay my IVA with the money I had left & when that I ran out around March 2009 I wrote to my IVA people explaining the situation & gave them my new address & phone number but I never heard back from them.

 

After 18 months unemployed & almost a year of worrying I contacted the IVA people directly by phone & have found out that they have failed my IVA so I have now decided to apply for bankruptcy as I just want to put all this behind me & get on with my life once more.

 

So now I have a few questions:

 

I've been told the it will take 4-6 weeks for the IVA failure to be processed & to receive notice/paperwork of this,will I have to wait untill I get the paperwork or can I petition my bankruptcy now & let the OR deal with it all - I just want to get the bankruptcy sorted asap now!

 

I have 3 basic accounts with Barclays,2 cashcard (one without a card as it was only ever used for direct debits for bills) & the other is a basic current account with a visa debit card,none of the accounts have more than a pound in & have been unused for around 18 months.

 

Will I be allowed to keep one or any of them incase I manage to get a job & return home?

 

If I can't keep one account will I be able to open a new basic account with Barclays in case I find work as I will need an account for wages.

 

As I am unemployed & have been for around 18 months will I have to pay the £150 court fee? as I am totally broke & will have to rely on my parents for the costs anyway.

 

What happens if I do find work during my bankruptcy?,what % of my income (if any) will they expect me to pay if they demand an IPA?

 

Apologies for the mini life story but I thought a bit of background would help with the answers to my noob questions & any help & advice you guys can offer me :)

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Hello,I'm new here,only just registered today after finding the site by luck,I'm looking for help & advice regarding bankruptcy.

 

My story goes like this:

Over the years I got myself into approx 26k of debt which I was coping with,although I was broke all the time as a result :rolleyes:,anyway all was ok until around the end of 2007 when I really started to struggle because in my job we only got paid for the work/jobs done (ie no work = no money) & things were starting to get really quiet & my earnings had fallen significantly.

I decided to enter into an IVA (with hindsight I should have just gone bankrupt there & then but I did want to try & pay my debts off) in order to reduce my outgoings & hopefully get me through the quiet patch,unfortunately shortly into my IVA work got worse - to the point where I wasn't even earning enough to pay my rent let alone the IVA,bills etc & food for myself.

 

I had been looking around for alternative employment but I couldn't find anything I could do that would pay enough to cover my outgoings,it got to the point that I could no longer afford to pay my rent etc & I had to move out & sell everthing I owned to raise some cash & move back in with my parents otherwise I'd be homeless,the problem with that was my parents live abroad so I also had to leave my job & move abroad.

 

I continued to pay my IVA with the money I had left & when that I ran out around March 2009 I wrote to my IVA people explaining the situation & gave them my new address & phone number but I never heard back from them.

 

After 18 months unemployed & almost a year of worrying I contacted the IVA people directly by phone & have found out that they have failed my IVA so I have now decided to apply for bankruptcy as I just want to put all this behind me & get on with my life once more.

 

So now I have a few questions:

 

I've been told the it will take 4-6 weeks for the IVA failure to be processed & to receive notice/paperwork of this,will I have to wait untill I get the paperwork or can I petition my bankruptcy now & let the OR deal with it all - I just want to get the bankruptcy sorted asap now!

 

I have 3 basic accounts with Barclays,2 cashcard (one without a card as it was only ever used for direct debits for bills) & the other is a basic current account with a visa debit card,none of the accounts have more than a pound in & have been unused for around 18 months.

 

Will I be allowed to keep one or any of them incase I manage to get a job & return home? If the accounts are basic accounts with no overdraft or credit facility the the OR should let them be, howver the banks may themselves freeze the accounts. Co-Operative Bank operate the Cashminder account for situations just like yours, where there are credit/bankruptcy issues - you can apply via the telephone

 

If I can't keep one account will I be able to open a new basic account with Barclays in case I find work as I will need an account for wages. See above

 

As I am unemployed & have been for around 18 months will I have to pay the £150 court fee? as I am totally broke & will have to rely on my parents for the costs anyway. You should be able to get an exemption due to your financial status, but the OR fees would still need to be paid

 

What happens if I do find work during my bankruptcy?,what % of my income (if any) will they expect me to pay if they demand an IPA? Generally after all allowable living expenses, the OR would want 50% of everything above £100, this is not an exact figure, but is a good rule of thumb - but if you don't work for the 12months or so before you're discharged, you would pay nothing

 

Apologies for the mini life story but I thought a bit of background would help with the answers to my noob questions & any help & advice you guys can offer me :)

 

If you have nothing coming in, then you can be expected to pay nothing towards your creditors

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wow,over 100 views & only one reply :(

 

Thanks Spamheed,all my accounts are basic with no overdraft so I'm hoping the OR will have no interest in them & let me keep them.

 

If I did get a job will my employer be obliged to tell the OR or is it down to me,how soon after starting any work would I have to notify the OR?

 

What would be the situation with casual/temporary work?

 

Will the OR be able to find out what work (if any) I do if I don't tell them myself?

 

Anybody know if I can petition my bankruptcy before I get written notice of my failed IVA?

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wow,over 100 views & only one reply :Cry:
Most of these are probably people in a similar situation yourself yourself. Others may have looked in and found they cannot contribute to you specific issues. Remember the vast majority of people on CAG started off by being in straitened circumstances and came looking for help. A few of these have stayed on to help others as best they. Unfortunately CAG doesn't have any resident legal experts (although a few ordinary Caggers have some technical and legal training) - it is a mutual help affair.

 

I cannot help much other than to point you at the government's insolvency website where there is much useful information and more definitive answers to your question - http://www.insolvency.gov.uk.

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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wow,over 100 views & only one reply :( As observed by Palomino, not everyone is in a position to help, people take a look to see what is being posted and if they feel that they can contribute then they do so, if they can't then.........

 

Thanks Spamheed,all my accounts are basic with no overdraft so I'm hoping the OR will have no interest in them & let me keep them. Even if the OR allows you to keep the accounts, the banks themselves may close the accounts due to your BR, you are better off opening a new account specific for the purpose.

 

If I did get a job will my employer be obliged to tell the OR or is it down to me,how soon after starting any work would I have to notify the OR? I believe that you sign an undertaking that you would inform the OR of any material changes to your circumstances. Any monies that you earn would need to be declared immediately so that the OR can establish what (if anything) you should pay

 

What would be the situation with casual/temporary work? As above

 

Will the OR be able to find out what work (if any) I do if I don't tell them myself? they can find out from HMRC as soon as your P45/P46 is processed

 

Anybody know if I can petition my bankruptcy before I get written notice of my failed IVA?

 

In the interests of simplicity and to make the OR's job a little easier, I would suggest you end one formal arrangement before entering into another. You should also seek advice from a recognised source, CAB, A solicitor, or one of the Money Advice charities. The courts/OR will need to see that you have sought proper advice before taking such a step

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Most judges will not make the bankruptcy order until you have your IVA certificate of failure.

 

I strongly suggest you are honest with the Official Receiver, the penalties for dishonesty are far worse than for the mistakes you may have made to get to the current situation

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Thanks again Spamheed & thanks debtinfo :)

 

Sorry if my 2nd post came across as ungrateful,it wasn't meant like that,I was just suprised at the lack of responses in relation to the high amount of views,I just thought more people might have come forward with help or advice based on their own experiences,sorry if I offended anyone I really didn't mean to ;)

 

I've contacted the NDHL via email (the 0808 number doesn't work from here :( ) & I'm waiting to hear from them,I'll also be visiting the CAB when I return to the UK to help with all the paperwork so formal advise will be taken care of ;)

 

So I'll just have to wait until my IVA failure confirmation turns up,no problems there apart from the delay.

 

I fully intend to be 100% honest with the OR I was just after some advice on the best way to go about changes of circumstance regarding work & income etc so as to avoid getting into trouble.

 

Any more suggestions,help & advice will be greatly appreciated :)

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  • 2 weeks later...

Well,I will be coming back to the UK this week so I phoned what will be my local CAB office to talk to them & make an appointment to get some formal advice re my failed IVA & petitioning for bankruptcy.

 

It took me ages to get through,the phone was getting answered then hanging up straight away or it was just left to go through to the answerphone so I guess they must be really busy! :eek:

 

Anyway,the guy on the end of the phone was vague to say the least & said they were unable to make an appointment as they have to prioritise & they could only offer help & advice regarding to specific questions I may have about my bankruptcy paperwork & that would have to be done over the phone. :(

 

He also said that if I was asked to prove I had sought formal advice before petitioning my bankruptcy then it is ok to tell whoever ask's to call the CAB office to confirm I had phoned them! - is this true? :confused:

 

Is this normal for a CAB office?,I've never had any experience with the CAB before in my life but I was expecting them to be a little more welcoming & helpful,I don't have anyone to help me through this & was hoping the advice the CAB give me would give me a bit of moral support & confidence but after this morning I'm feeling a bit lost & alone. :(

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Hi KEF, like all companies different offices and staff vary, i know some good ones, but there must be some bad ones out there. If they couldnt help you, you can also try CCCS and national debtline who do help over the phone like a mini phone interview, im not sure if you have to call from the UK

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Thanks Debtinfo,I tried the national debt helpline but the number won't work from here,I have emailed them on the 8th but have yet to receive a reply,I'll give them a call when I get back to the UK.

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In the current economic climate the CAB offices are totally snowed under. This means they can't cope and often cannot help you. In addition some of their advice is less than top notch.

CCCS and National Debtline are similarly overwhelmed.

 

In your case I cannot imagine a judge picking up the phone to call the local CAB - and having to keep on trying because the phone was constantly engaged. You will have to arrange this with the court clerks, although you probably won't get very far. You will have to rely on a personal statement.

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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