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    • I've read loads of old messages about what to do but feel my case is different, it's a bit of a back story so ill break it down. - Had a letter from an Italian province in July of 2020 for a speeding offence in 2019 for 575 euros, was in a hire car I used for work, no longer work for them and heard nothing from either. - Thought blimey, but went to pay it anyway, it had doubled to over 1100 euros, yeah I can't afford paying that, filled out the attached information sheet to say it was me driving but I have no money or job due to COVID (true story) and sent it back (durrrr) - Heard nothing until December of 2023, a letter from an appointed solicitor from Florence saying if I don't pay, we will chase you through the legal system with costs born by you. - May of this year, I get a letter from CLI (Credit Limits International) saying they have been appointed to carry out the collection, £1475. - Stupidly, I started the 'three letter process' asking for proof etc, and they replied a few days ago with a copy of the fines I had received from Italy, they stated the debt has no terms and conditions as it relates to a fine in Italy and the debt is not subject to the Consumer Credit agreement. I translate that to "at the moment we don't own the debt and have been given authority from Italy to pursue the debt". That is where I am currently at, I would begrudge giving in and paying an obscene amount. As seen from similar threads, I know a threat of a visit is coming, followed by a threat of court action, but annoyingly it hasn't been mentioned how these cases were concluded and the threads are now locked. I've read to ignore them, but can't help but feel that because it's such a substantial amount that they will feel it's worthy of pursuing this no matter the hoops they have to jump through. Along with admitting it was me driving and opening the can of worms by contacting the DCA, it wouldn't look good for me should it ever get to a courtroom.  Has anyone with previous experience managed to 'get away with it'? Anyone know what they're capable of other than nagging me? I'm not after any moral judgment. Forgot to add, got friends in Italy, and one of them rang the Police where the fine came from, and her reply was “Tell your friend it’s not a big deal, it’s only a speeding fine we’re not going to chase him, tell him in future to take his foot off the gas, however it he returns to a Italy and gets control checked, he would be held until the fine is paid”  A bit odd I thought, considering I am being chased now.
    • take the SD card out and put on a pc/laptop then run recuva on it in  select videos only option select specific location hit browse then select drive letter of the SD card. then next  then deep scan then go have a cup of tea..  when done dont recover the all files back to the card select a new folder on your pc/laptop        
    • hi all, i will list my curmcumstance first then list the details of the penalty charge - we are 2 diabled people being affected by the cost of living crisis and are skint etc. i am disabled with mobility issues(arthritis in knees and ankles and gout) and cant operate car pedals anymore so i let a friend up the road use my car in exchange for her driving me about. its a good arrangement as i get a 'chauffer' and she gets the use of car. the car is parked in her drive which is better as i was refused a disabled space (even on appeal) and too much congestion to park the car outside my house. my friend is vulnerable as she has suffered depression and suicidal thoughts since the loss of her mother a few years back, she is dyslexic, she is a carer for one of her sons that is disabled due to mental illness and mobility. she lives in a council house and cannot work. we went to iceland ..attracted by the 10items for £10 offer - we've never been there before. a large artic lorry was parked accross the car park blocking the view of one of the parking signs and blocking the disabled bays where the pay&display machine is. by the time she helped me out of the car and then went to see if it was pay&display then came back to me at the car she said she thinks it was pay even for disabled, so we looked for change in the car which we didnt have (she normally goes asda which dont need to pay for parking)so then we said we'd either go get change or go to asda...so then by the time it took her to help me back in and get out the car park took 15 minutes...5 minutes overstay past the 10minutes grace. the letter from excel parking came through and i sent it back giving her name as driver (before i saw on here that you shouldnt name the driver) then i appealed explaining what happened (lorry blocking etc) and even said we were being descriminated (advised by citizen advice)as we are disabled and 15minutes is not long enough for a crippled disabled man and a woman with dyslexia to read and understandd the sign and get out, then back in the car and look for change then get out the car park in 15minutes. i even explained she was a vulnerable person on anti-depressants and even sent a photo of medication and said if you need a doctors note then let me know....the appeal was rejected. i've emailed iceland over 50 times and they just wont tell excel to cancel this charge - they are ignorant and ive even asked them why they have a webpage saying 'iceland combatting the cost of living crisis' pretending to help their customers and they wont comment...they'd rather put more stress and anxiety on an already suicidal vulnerable person just to get money out of them..so their 'help' during this crisis is a lie as it wont even extend to disabled customers. she has now received 2 letters from DCBL saying she owes £170 for 5minutes of overstay. the last one is a final demand. as she cant read or write very well ive sent a recorded letter to DCBL (as advised by citizen advice) asking not to attend the property due to a vulnerable woman inside the property as it will only exasperate the situation, they have ignored it and basically said we dont care, you still owe. could anyone please advise - we are not very good with letters or these situations and are slow on the uptake.   1 The date of infringement? 28th dec 2023   2 Have you yet appealed to the parking company yet? [Y/N?] yes   If you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]cant do that - will have to get my son to do it when he visits   Has there been a response? yes   Please AS A PDF FILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]cant do that - will have to get my son to do it when he visits   If you haven't appealed yet - .........DONT ! seek advice on your topic first.   Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] yes   What date is on it? 15th january 2024   Did the NTK provide photographic evidence? yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'scant do that - will have to get my son to do it when he visits   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] not on the front - maybe on the back but cannot find the letter now   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] yes   5 Who is the parking company? excel   6. Where exactly [Carpark name and town] did you park? gravesend in iceland    
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RBS credit card claim won now new claim after sale by OC


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Really sorry to hear that Hammy,

 

I hope you don't mind asking a quick question it is pertinent.

 

I had a case discontinued ( I filed a defence) , the DCA who claimed have now sold the account back to the OC. Firstly I have never received a NOA, secondly the OC has now filed a Claim.

 

What should I do first do i need to write to the court asking if they requested permission, or does that go in my defence?

 

Thanks

 

Pumpytums

 

Hi Sorry for butting in/.

Did you recieve a notice when the debt was transefered to the dca in the first instance?

 

Was it assigned or did they get it wrong and had to own up when you filed your defence.

If this is the case then who sent the DN they are now relying on, because if it was the DCA it would have course be invalid.

Just a thought may not be applicable

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi Peter,

the account was transferred to the DCA( I received a NOA from them), they terminated and demanded the full balance I wrote to them asking where the DN was their answer was to file a Claim. In my defence I asked for all the documents they relied upon, once in court they requested a summary judgement the judge said no not until you have produced all the documents you case is based on. They discontinued due to economic considerations not the fact that a no DN was every issued.

 

The OC has now issued a DN and a claim, however the OC has never issued a NOA.

 

Pumpytums

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Have you done CPR with the OC? Who’s involved and is there a separate thread? Sounds like a Santander job...

 

 

I hope you don't mind hammy

 

link to my thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?236115-Pumpytums-goes-to-Northampton-Help-Please!

 

One last thing does the CPR go to the Claimant or their solicitor I always get confused on this?

 

Last page is the current state of play, this will be small claims. Very astute by the way donkey.

 

Thanks

 

Pumpytums

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Pumpy, As I was advised, put it in your defence and also make an application to strike out their claim there's no harm.

 

Thanks guys for your comfort and words of wisdom, I have found a direct access barrister who helps and gives guidance kindly mentioned to me. I am awaiting a reply but time is running out.

 

I might just forget the appeal and put this to bed, no response to my instalment variation as yet.

 

I have come to the conclusion that it is not the end of the world but me thinks they are planning another claim for my overdraft - so maybe the hassle isnt over yet, that will be good the original balance was £1.76 now £2000 hilarious all charges. I will cross that bridge when I come to it.

 

HH

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me thinks they are planning another claim for my overdraft - so maybe the hassle isnt over yet, that will be good the original balance was £1.76 now £2000 hilarious all charges. I will cross that bridge when I come to it.

 

HH

 

If this is the case I would be inclined to put in a complaint to the bank in question that the charges are unfair and disproportionate to the original debt. If it has caused you particular hardship explain why. If you don't get a satisfactory outcome, escalate it to the FOS.

 

If you do this, and they do indeed put in another claim you will be able to prove that you have not ignored the matter and actively tried to resolve the situation prior to any action. If it gets to FOS, even if it takes a while for them to investigate you'll be able to prove that the account is in dispute.

 

IMHO, the best way to avoid court action is to be pro-active.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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On looking back at my posts I realise the one thing I should never have done was to sign the consent order. At the time I thought oh they have decided to discontinue. If I had not signed the action would have proceeded to trial and thereby the claimants would have had their claim struck out due to the failure of service of a DN.

 

A lesson to us all, dont sign a consent order, get them to formally discontinue which is what I should have done!!

 

HH

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The barrister has now been in touch with a very long and descriptive advice. He has not seen my documents as yet but going by my email he said that if I actually appealed on the defective DN the claimants could come back again with a fresh DN and start the process again!!!!

 

He also said that I should have endorsed the consent order saying "this consent is in full and final in respect of any liabilities to the bank". I must confess my lack of legal knowledge shone through here and I did not think at the time I would need to do this.

 

My appeal is going to cost approximately £3000. Unfortunately money I do not possess so I will have a think over the next few weeks.

 

My biggest regret in my life was signing that bloody consent order!!

 

HH

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Nope all monies up front which gives me probably 2/3 days to find the money before he will entertain a conference so that probably answers my question about a possible appeal. He did say if I win I would get the costs back but it is no comfort to try and find the money in the first place.

 

HH

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  • 2 weeks later...

As per a previous thread I had judgement was awarded against me forthwith. I immediately applied for variation.

 

I gets a letter this morning replying to my application saying they wont accept my instalments and that I should pay an extortionate amount per month or payment in full by 2016. BTW this is a very high debt. They say it will take 50 years to pay it off so therefore they want it all paid off by 2016.

 

One I haven't got £600 per month spare.

 

What do Caggers think a judge may do. Will he award this. If he does it means I cannot pay anything else like my mortgage. Now I am going hairless thinking about it. I put everything down which I pay each month and am left with buttons I offered £40 per month.

 

Where the hell do I think I can get that amount of money.

 

BTW in their letter and application refusing my instalments it says either I pay nearly £600 per month in full by 2016 - there are no other options - is it right that they can dictate what I pay

 

Some advice would be greatly appreciated.

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Hi Sillygirl, thanks for replying

 

Here is my previous thread long and laborious. I did ask a direct access barrister about appealing but again it all amounts to money. He said there would be a possible appeal but I would have to find a couple of thousand for it. It is RBS by the way.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?276677-Reissue-of-court-proceedings&highlight=

 

I am seriously hoping a judge would look at my income and expenditure and see I just could not afford this. It is nearly my month's salary!!!

 

HH

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Presume you do not own a home or any other assets?

 

Complete a detailed I&E based on Court guidelines - there is I and E advice on CAG or contact/look at National Debtline who have a fact sheet on this.

 

A court should never agree to more than you can reasonably afford

Please support CAG and they will support you.

donate

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Yes I jointly own my property but it will take a few years to get back into negative equity and Lloyds stuck a restriction on recently although they are aware if we sold in the next few years they wouldn't get any proceeds.

 

The thought of this is terrifying me. What their rejection application says.

 

We will accept £nearly 600 per month or full payment by 2016.

 

Coledog the court is already aware of my I & E as that is what you say set in your application to vary.

 

If the court awards it, I will not be able to pay my mortgage or utility bills.

 

I know it will take nearly 50 years to pay this off and I will be long gone but that is what I can reasonably afford.

 

Will there be a hearing or is it just automatic that the court will draft an order based on what they require.

 

As I said before the amount they require is nearly all my salary!!

 

HH

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Yes I jointly own my property but it will take a few years to get back into negative equity and Lloyds stuck a restriction on recently although they are aware if we sold in the next few years they wouldn't get any proceeds.

 

The thought of this is terrifying me. What their rejection application says.

 

We will accept £nearly 600 per month or full payment by 2016.

 

Coledog the court is already aware of my I & E as that is what you say set in your application to vary.

 

If the court awards it, I will not be able to pay my mortgage or utility bills.

 

I know it will take nearly 50 years to pay this off and I will be long gone but that is what I can reasonably afford.

 

Will there be a hearing or is it just automatic that the court will draft an order based on what they require.

 

As I said before the amount they require is nearly all my salary!!

 

HH

 

 

It depends on what you ask for in your application. You can pay £40 and not have a hearing and the Order is made on the papers or £80 to have a hearing.

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So I have to make another application again costing more money. This could go on and on, me making application for redetermination, Claimant refusing my payment and court ordering me to pay more than I can afford.

 

Surely a Judge will see from my previous application that paying nearly £600 would mean not paying my mortgage and utility bills or do they just look at the Claimant's reply and say that's what we shall set it at.

 

HH

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If you go ahead it is likely you will be ordered to pay a lot less than the £600 a month they are asking, they are taking outrageous liberties with this. Are you on any benefits as you can claim relief from court costs for this.

 

The online help legal services where you pay to ask questions are very often flawed in their responses - I know because somebody I helped win a case went to one of those first and was told 'not a hope in the world' that they would win....

 

On affordability alone you have solid grounds for a complaint and an N244 (think it is that) variation if they have actually got this order.

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