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    • Hi CAG,   First time poster here.   I would like to start off by saying that I've read through various threads and it's quite heartwarming to see the level of attention and support you give to people dealing with often stressful and anxiety inducing circumstances. I'll certainly be making a donation as this is truly a valuable resource.   I've read several similar threads to my own situation but I thought I'd seek your advice.   I opened a letter just a few hours ago from London Collection and Compliance Centre which is dated 11th January 2022 for an amount totalling £870.68. I'll attach a copy below. I can't quite remember the date of the initial offence. For context, I boarded a bus (I believe in 2018) and unbeknownst to me, my contactless card did not register correctly on the reader. I had my headphones in with music playing and was sat for my journey and then was approached by a ticket inspector who informed me that I did not tap and therefore was unable to provide proof of a valid ticket. Despite explaining the circumstances, I was asked for my details which I provided in full. I was honest and forthcoming with the ticket inspector but I wasn't aware this would amount to a fine as I was provided with a printed pass for the remainder of my journey. I accept liability for not being able to provide proof of a valid ticket and do not wish to dispute this regardless of intent.    I'm not entirely sure why I didn't pay the fine upon receipt of TfL's initial correspondence but I'm a long time sufferer of anxiety and depression which at times is so debilitating that I'm unable to make the best decisions or carry out simple actions. Some of which would mean I wouldn't need to make this post. I struggled financially at the time of receiving this letter and further correspondence which placed I did not deal with correctly because of the mental state I was in. I struggled to cope with and stupidly I neglected my responsibility and buried my head in the sand. I made an error in judgement that I wholeheartedly regret.   As of writing (early hours of 26th January 2022), the 10 working days given in the 'Further steps notice' has elapsed (25th January 2022). I rarely receive mail and therefore I don't regularly check my mailbox. However, I decided to take a look today as I suspected I missed a Royal Mail delivery. I intend on calling the number on the letter at the earliest appropriate time in the morning and dealing with this matter. I'm desperate to right my previous wrongs as I've worked hard to deal with my anxiety by beginning therapy. However, like many others in this thread, I'm worried about the prospect of having a criminal record. I'm 26 years only and I don't have any previous convictions nor have I had any trouble with the law. I have a real love for the service TfL provides and I'm capable of listing off an endless stream of related trivia. I have no previous run ins with TfL and regularly travel on the network and pay the correct, full fare each time.    I'm worried about how this will affect my future in regards to employment and my intention of naturalising as a British citizen (I've been in the UK for 20 years now).   I'll note my primary questions below and would truly appreciate your advice.   a) If I get in contact with the number on the letter as soon as possible, will that be too late despite the close proximity to the deadline?   b) What would be the best potential approach to resolving this issue? (I'm unable to pay the amount in as a lump sum.)   c) If I were successful in arranging a payment plan/somehow paying the amount in full, how would that affect the court proceedings? Would this still result in a criminal record?   d) I've seen other threads which mention OOC settlements with TfL, would this be an option despite receipt of a 'Further steps notice' letter?   e) Should I end up in court or have the opportunity to speak to someone over the phone - will I be able to explain my circumstance and plead for leniency?   f) What other general steps would you suggest I take at this stage to mitigate the consequences?   Apologies for this post being so long, I wanted to include as much relevant detail as possible and I'm more than happy to provide any that's missing. I don't want to make excuses for myself. I completely accept I'm in the wrong for allowing things to get to this stage, despite the difficulty I had with my mental state but I want to do right by myself and deal with this. I'll post regular updates and be sure to include a conclusion once I deal with the matter regardless of the outcome.   Thank you in advance for looking at this post, I really do appreciate what you do.   IMG_2609.pdf
    • The worrying aspect is that they could well run away ... then a few months down the line, knowing full well you'd moved, sue you at your old address, knowing you would lose by default.  Therefore I suggest sending the above letter off on Thursday if the other regulars don't disagree, then on Saturday another one to just UKPM     Dear UK Car Park Management Limited,   re: PCN no.XXXXX   please note that I no longer live at XXXXX but that my new address is XXXXX.   Yours,
    • How about -     Dear Will & John,   Re: your reference XXXXX, vehicle registration XXXXX   cheers for your Letter Before Claim.  I rolled around on the floor in mirth at the idea you thought I would actually take such bilge seriously and then cough up.   Now you know and I know and now you know that I know all the reasons why these residential parking claims are utter pants.   Your thicko client, UKPM, have been hammered in court so many times in these cases, but if they haven't learnt their lesson and want another thrashing, fine, bring it on.   I see the government this week dropped tests for fully-vaccinated travellers returning to the UK, so if your client is daft enough to take me to court then I will delight in tolchocking them, then obtaining an unreasonable costs order under CPR 27.14(2)(g), spending it all on a foreign holiday, and then laughing at your client's expense while I down my aperitivi.   I look forward to your deafening silence.   COPIED TO UK CAR PARK MANAGEMENT LIMITED     Gladstone's and UKPM are well aware of where these letters originate from and that they would have a real battle on in court, so lately have always run away ... although of course there are no guarantees.   However, hang on through tomorrow and see what the other regulars think.
    • 'Walk the ice, take risks and do it quickly'View the full article
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MBNA/Restons - CC hearing Mon 19 July - is it too late to do anything?


ernieB
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Firstly I do know how ridiculously late in the day it is to be thinking about a defence. Aside from ill health, work, death in the family, terminal sloth has also been a contributing factor. If anyone is able to give any help or any suggestions at all it would be much appreciated.

 

Brief timeline:-

 

June 09 - DMP with PayPlan started including Virgin/MBNA card. No payments missed to date on DMP. MBNA suspend interest and charges before handing over to Restons.

 

Feb 10 - First letter from Restons. Various correspondence but the amount I can afford to pay is not acceptable to them.

 

March 10 - Legal proceedings commenced

 

7 April 10 - My defence lodged with Northampton CC

 

13 May 10 - No response and Northampton confirm claim stayed

 

This is where I took my eye off the ball

 

Received N152 but did not respond

 

11 June 10 - N24 Notice of Hearing issued - again did not respond

 

Mon 19 July 10 - CC hearing due causing major panic attack on Fri 16 July.

 

 

I know the couldas and shouldas and I know that it is absurdly late in the day but if anyone could give me any advice at all I would be so grateful. I have no idea if any defence is even possible.

 

Thanks in nervous anticipation.

 

 

ErnieB

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Just be extremely polite and make a verbal statement about your circumstances. Try to write down something or type up a sheet to read to the account if you are allowed. Along the lines.

 

May I sir/madam make a brief statement about the matter at hand.

 

Explain timeline history of this, per your post and of the personal matters that affected you. Apologise to the court about not responding to the n152 and notice of hearing and ask for the help of the court to reach an amicable settlement. At all times make it clear that you have at no time avoided to negotiate making repayments at an affordable level.

 

I suspect the court will then arrange to assess your financial cirumstances, with a view to trying to come to an agreement on how to settle this debt.

We could do with some help from you.

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Thanks for that Uncle, I haven't been able to access this thread any earlier today.

 

I have put together details of payments made to the DMP and the other creditors. I am concerned that this CCJ will mess up the DMP and the other creditors will follow Restons' lead.

 

Restons have actually agreed to the terms of the DMP but I assume this has no legal standing in the County Court.

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If you had been making regular payment into a DMP to be received by Restons, the court would obviously then be interested as to why they are involving the court.

 

This is why you need to make it clear, you have never avoided payment and have always sought to resolve, without taking up a courts time.

We could do with some help from you.

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I have a letter from MBNA agreeing to the terms of the DMP. Restons also accepted the DMP with PayPlan. I have my payments record showing no missed payments since the DMP was started. I just don't know how much weight this will carry in court.

 

MBNA are not my biggest creditor, Lloyds TSB win that particular prize. I will tell the court that this is one of my main concerns, the knock-on effect a CCJ will have.

 

I have to say that I'm not too hopeful about the outcome. I expect that after a sleepless night fretting over the whole thing there will be 20 minutes of polite to and fro in court and then a rubber stamp for the CCJ.

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This will hold a lot of weight with the court. They will see that you have been making payments and will ask Restons why they are using the court.

 

The judge will ask why you had not brought this to their attention before, hence this is why I suggest you need to make a statement to explain the full circumstances.

 

If you see the person from Restons at the court before the hearing, give them a copy of the statement which you will make to the court if allowed to do so and copies of letters showing payments to the DMP.

We could do with some help from you.

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The judge will ask why you had not brought this to their attention before, hence this is why I suggest you need to make a statement to explain the full circumstances.

 

In your statement, you could say that part of your reason for not bringing this to the Courts attention previously is that you assumed Restons would have been honest and open about this and brought it to the attention of the Court themselves.....

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Thanks to all for your contributions. Only just finished work and am putting the finishing touches to my statement.

 

Will post on the outcome tomorrow.

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Back from day in court. Judgement for MBNA/Restons. No major surprise there.

 

Saw the barrister before for 10 min chat. To be fair she was about as helpful as the opposition barrister is going to be. She said if judgement went in their favour they were prepared to accept the monthly amount my DMP is paying them already. So why are they bringing this case then? Because they can.

 

I showed her the statement I had prepared and when we got in she told the judge about the statement herself. The judge read it through and then pretty much disregarded it. I explained that I couldn't see the point of bringing the case. He said that I didn't have to understand why. The law says they can bring the case regardless of the payment record because of the amounts I was paying, so they did.

 

I pointed out the absurdity of Restons being happy now to accept the amount I have been paying for 12 months and leaving me saddled with a £1200 legal bill. He did at least throw this out and charged me the fixed fee instead.

 

He also said that if I continue to pay the monthly sum 'these people won't bother you any more.' Yeah right. I am starting my homework on Charging Orders tonight because it was pretty obvious this is what they were ultimately angling for. Although the judge intimated that there would be no rubber stamp for a Charging Order.

 

Thanks to those who offered messages of support, all much appreciated. None of my friends and family know this is going on so knowing that folk are actually on your side was a great help. Thanks a lot.

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ernie

 

I suppose this is a win of sorts. Although you have incurred extra court fees and a CCJ, Restons would have the Barrister to pay.

 

What you now have to do, is maintain payments, otherwise they can return to court to seek other ways to obtain payment e.g. charging order. Also be aware that they can at reasonable intervals i.e every 12 months, ask for the payment amount to be reviewed.

We could do with some help from you.

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Sorry it didn't go your way.

 

As advised earlier, get the first monthly payment off ASAP; and then set up a Standing Order if possible to make sure restons get the regular payment.

 

If restons do start being antsy, it may be worth paying for the transcript of your hearing when your Judge has intimated that restons should not darken his Courtroom.............or indeed, if restons do stick their heads above the parapet.........write a letter addressed to the Judge reminding him\her of their comments. ;)

Edited by supasnooper
speeling

 

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I didn't know you could pay for the transcript. Thanks for tip. The judge definitely said if I keep up the monthly payments I won't be hearing from them again. Obviously I took this with more than a grain of salt and the barrister said after that this wasn't strictly true.

 

I'm not sure yet if I pay directly to Restons or if Payplan continue the payments through my DMP.

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Get the monthly payment set up yourself...........................and tell Payplan to stop paying restons.

 

You do NOT want to give Restons any chance to pursue you any further with a Charging Order.

 

Make sure that you get the first monthly payment off ASAP with a covering letter to Restons including a request to send you their bank details so you can set up a standing order.

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

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Any advice & opinions given by supasnooper 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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Back from day in court. Judgement for MBNA/Restons. No major surprise there.

 

Saw the barrister before for 10 min chat. To be fair she was about as helpful as the opposition barrister is going to be. She said if judgement went in their favour they were prepared to accept the monthly amount my DMP is paying them already. So why are they bringing this case then? Because they can.

 

I showed her the statement I had prepared and when we got in she told the judge about the statement herself. The judge read it through and then pretty much disregarded it. I explained that I couldn't see the point of bringing the case. He said that I didn't have to understand why. The law says they can bring the case regardless of the payment record because of the amounts I was paying, so they did.

 

I pointed out the absurdity of Restons being happy now to accept the amount I have been paying for 12 months and leaving me saddled with a £1200 legal bill. He did at least throw this out and charged me the fixed fee instead.

 

He also said that if I continue to pay the monthly sum 'these people won't bother you any more.' Yeah right. I am starting my homework on Charging Orders tonight because it was pretty obvious this is what they were ultimately angling for. Although the judge intimated that there would be no rubber stamp for a Charging Order.

 

Thanks to those who offered messages of support, all much appreciated. None of my friends and family know this is going on so knowing that folk are actually on your side was a great help. Thanks a lot.

 

Hi Ernie,

 

Sorry it didn't go your way, but to be honest I'm not surprised....this is Restons after all:mad:.

 

I too was making a payment through CCCS...no problems at all, interest frozen, then they decided to go for a CCJ as we are a home owner. Judge wasn't interested in anything I had to say and my payment to MBNA went from £40 to £200!!!! so my other creditors get alot less now.

 

Only advice I can give is to ensure you make your CCJ payment early. I always send via recorded delivery and ask for a receipt.

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My only consolation Julia is that the payments to Restons will stay the same.

 

It's a struggle to find the money for the DMP every month and I had to sit and listen to the judge and barrister with their six figure incomes saying the law is the law. They are not on the same planet.

 

Maybe anyone who earns over a certain amount should be barred from hearing such cases. At least then you may get someone with some understanding of what financial difficulties are.

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If you are struggling to meet your DMP then you need to urgently need to speak to Payplan to get the remaining payments reduced.............. you should not be struggling to meet your DMP !

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

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Any advice & opinions given by supasnooper 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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