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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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Hillesden have no CCA - House move


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Hello

 

My debt of approx £700 pounds was sold by Abbey to Hillesden Securities. This is my only debt as I have paid everything else I owe and made an F&F settlement on my o/d.

 

For over 7 months I have been sent letters saying that they will hold all action until a CCA for my account is found.

 

I am about to move house. I am certain they will not produce a valid agreement but feel that informing them of my change of address will make them more eager to try to get payments from me as they may see this as admitting liability.

 

If I do not inform them when I move what will happen?

 

I also recently married so that the debt is in my previous name.

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You can have mail redirected for up to a year.

 

If they haven't contacted you within that time I doubt they ever will, but if you don't collect your mail somehow they may be able to obtain a CCJ by default and then you would have the cost and trouble trying to get it set-aside.

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How could they apply for a CCJ if the do not have a valid agreement? They have been sending the same letter for seven months and have not been able to produce one. I don't want to set the six year clock ticking again by contacting them.

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You can have mail redirected for up to a year.

 

If they haven't contacted you within that time I doubt they ever will, but if you don't collect your mail somehow they may be able to obtain a CCJ by default and then you would have the cost and trouble trying to get it set-aside.

 

After the year you can renew it for another year if you wish

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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If you forward you mail using Royal Mail, or have it re-directed to your new address, Royal Mail automatically inform the Credit Reference Agencies of your new address, and that of any pursuing DCA, so have your mail redirected for six months, then if they obtain a CCJ by default, your defence will be that they were fully aware of your new address as they will have been informed of it via Royal Mail, thus getting it set aside.

 

The article reports that Experian Corp. has installed Royal Mail Inc.'s new Redirect Check service across its range of authentication and fraud prevention solutions. Experian has been working closely with Royal Mail to enhance its Detect product as well as its identity authentication solutions. There are over 1.3 million redirections in place with the help of the Royal Mail's redirection service. These and all new redirections are now loaded onto the Royal Mail Redirect Check service, a complete database of all addresses from which mail is being redirected.

Encyclopedia - Britannica Online Encyclopedia

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Guest HeftyHippo
How could they apply for a CCJ if the do not have a valid agreement? They have been sending the same letter for seven months and have not been able to produce one. I don't want to set the six year clock ticking again by contacting them.

 

they can serve papers at your last known address. Obviously if they do and you don't respond (because you don't have mail redirected) uncontested judgement will be made against you. No one will know you've moved and didn't get the paperwork, it would be assumed you didn't want to defend it.

 

you could have mail redirected to a friends or relatives, or an accommodation address or PO Box.

 

a friend or relative can put post in an envelope 2/3 times a week until you decide its long enough. or you can collect when you like.

 

I don't see why moving would be seen as an admission of the debt. If they haven't found the agreement after 7 months, its a slim chance they will. the boot is on your foot

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I don't want to set the six year clock ticking again by contacting them.

 

You won't, you either need to admit to them in writing that you owe the debt, or make a payment toward it for the limitaion period to begin again.

 

As already suggested, have your mail redirected for 6 months or so, they will be informed of this by royal mail, then if they choose not to correspond with you and obtain a CCJ by default, you will be able to have it set aside as they will have been informed of your new address.

 

Or simply tell them of your new address, in writing, as you say they have been unable to supply an agreement to date, so their is really nothing to worry about, if they do suddenly come up with one it is far better to hit them head on.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Guest HeftyHippo

I think BB is right. No use running away from it. If they do manage to find an agreement, deal with that slim chance rather than risk a CCJ in your absence. The boot is on your foot. Have mail redirected somewhere safe for a while, or give them that address - a relative. That way, if they do find an agreement in 2 years, you will know about it

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