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    • what solicitor is the PAPLOC from? then just search xxxx snotty letter dx  
    • moved to the debt self help forum. plenty of like threads here to read along with the ones you've done so far..good work. last thing you ever want to do is look at any kind of IVO/BK or anything alike concerning consumer debt, never do that, turns unsecured debts into secured ones in many instances. your best bet for now is p'haps looks at  Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk) sadly you have to go thru one of the free debt charities to invoke that but DON'T be tempted to also open up a DMP with them, just get the Breathing Space done. get that in place that gives you at leasy 60 days buffer you've also goto to realise you'll probably get a default once breathing space is in place, bit if not it might pay you to withhold payments even after BS then p'haps re start payments once a DN for each debt is issued and registered. at least that way, whatever happens in 6yrs the debt will drop off dx  
    • Hello, I am a private seller and recently sold a pair of trainers on eBay.  Everything seemed fine until just after the eBay 30 day mbg had expired.  The buyer contacted me with photos showing me that both shoes had ripped.  He wanted his money back, and after refusing to refund him, he then left me retaliatory and defamatory feedback on my profile to the effect that I had sold him fake trainers (this was removed by eBay).  He then initiated a chargeback via Paypal.  Invariably, the outcome was in his favour, and I have now been charged for the cost of the trainers.  I would have also been stung for the chargeback fee, but eBay refunded this.  Incidentally, I do have the email receipt of the trainers from when I bought them from a well-established and bona fide online retailer.  The susbequent conversation with eBay followed its predictable course, i.e. the chargeback is out of their hands etc. I have been in contact with citizens advice, and my bank.  Citizens advice told me that as a private seller I'm responsible for the "Title and description" of the goods, but not the performance, or the fitness for purpose.  To me it is clear; if you receive something that's not as described, you don't then use the goods, and more than 30 days later claim 'not as described'.  In my mind, this makes the claim fraudulent.  He's used the 'they're fake' card to give credence to a 'not as described' claim here, obviously, without any evidence.  My understanding is that the chargeback is unlawful, because the trainers were shipped as described.  However, I read something on an eBay forum regarding sellers having no statutory rights, i.e. no right to appeal against a chargeback decision, or to complain to the financial ombudsman.  Does this mean that if my bank disputes the charge on my behalf, it will be to no avail, even if it's recognisably a fraudulent chargeback?  I have reported it via the Actionfraud website. Any advice, anyone?  Would be most grateful!
    • Thank you, I have drafted my letters and started to complete the reply form, printed from this site and not using the one they provided.    2 questions, on the forum link it says to tick box D & I, the reason for box D will be given on my thread, what would my answer be to "I dispute the debt"?  Do I send anything for the Vodafone debt they have included?  I've only done 118 loan s. 77 & capital one credit cards so. 78    Thank you  
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Notice of Execution for PCN I never got!


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I hope someone can give me some advice here. This morning I fell out of all clouds when I received a letter from a bailiff company with a notice of execution relating to an alleged parking ticket issued by the Borough of Wandsworth. Only problem: I neither ever had a ticket stuck to my car nor got a PCN through the post, let alone ever received a Notice to Owner, Charge Certificate, Registration of Debt notice or any of the documents which I should have received at some point had I not paid a parking ticket. I last moved house 8 months ago and changed the address on my V5 immediately so there is no way it could have gone to a wrong address. Any ideas on how to proceed??

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You serve a witness statement on Northampton County Court that you never received the notice to owner, and the enforcement is stopped and set aside.

 

Witness Statements and Statutory Declarations - Traffic Penalty Tribunal

 

As you never received an order at all, in my view the declaration is not out of time because it is in time until 21 days after the order is served:

 

The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 No. 3483

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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You serve a witness statement on Northampton County Court that you never received the notice to owner, and the enforcement is stopped and set aside.

 

Witness Statements and Statutory Declarations - Traffic Penalty Tribunal

 

As you never received an order at all, in my view the declaration is not out of time because it is in time until 21 days after the order is served:

 

The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 No. 3483

 

I have a similar situation and have posted on another thread as well.

Can someone tell me how to actually serve the statement on Northampton Court - given that I live near Birmingham I couldn't get there

 

Here is my other post.... http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/256917-need-advice-please.html

 

Many thanks

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  • 2 weeks later...

How did this case pan out? I have today received two notices of execution pertaining to PCN's issed by Wandsworth - I have no clue what either is for and this is the first I have heard. Should my first course of action be to file an Out of Time declaration, even though I cant give details about what the alleged PCN's are for, other than the PCN number? thanks

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they are entitled "Notice of warrant of execution authorised by the Northampton County Court, Traffic Enforcement Centre" issued by the bailiffs giving me 7 days to make payment (one for £197.88 and one for £233.13) to avoid the warran being issued

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see the above posts (plus others in other threads, look for posts by tomtubby). get that declaration made ASAP. as its the weekend keep the car locked in a garage and do not open the door to a bailiff no matter what they tell you.

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Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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Filed Out of Time declaration nearly 2 weeks ago and not a word from either the court or the bailiff so I assume it's just running its course and going back to Wandsworth Borough Council.

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I received one of these "Notice of warrant of execution authorised by the Northampton county courtlink3.gif, Traffic Enforcement Centre" issued by the bailiffs giving me 7 days to make payment. on friday relating to an alleged offence dated 2007 what should i be doing.

 

cheers james

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Immediately file a Statutory Out of Time declaration which you can download on the internet. You then have to take it to your local county court, make the declaration under oath and get it signed off before sending it by Special Delivery, recorded and signed for to Northampton county court.

 

Good advice.

 

HOWEVER...most Out of Time Applications do NOT require being witnessed.

 

The new forms are the TE7 & TE9 and these simply have to be signed. The old forms are the PE2 & PE3 but these are rarely required.

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okay - not the download that doesn't work then, thats good. got a memory stick and a mate with a printer ? or email the forms to the mate with the working printer.

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