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    • Thank you for your reply. Yes the hob was bought Sept but not installed until early Dec, started showing faults almost immediately but because it was 'bought' over 30 days Curry's washed their hands of it. The hob cost £229.00 and I still have it here. Yesterday I sent an email to Alex Baldock CEO of Curry's and I received a reply almost immediately from his office who have passed it onto their 'Executive Resolution Team' who will investigate and respond to the matter in due course. The email sent was more or less the exact copy of the one that I posted here so we will now wait their investigation and I will let you know the outcome.
    • The shortage of semiconductors is continuing to have a major impact on industries around the world.View the full article
    • 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,
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Certificate of the Debtor's Obligations


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In issuing a claim is there any law which details the information that should be provided by a claimant to the debtor? At the moment all that is being provided is a sum of money value with no further information detailing how that sum was made up.

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You need to make your situation a little more clear. I think you're referring to a request under the Civil Procedure Rules for info. that the claimant is relying on to bring proceedings against you. Does that sound correct? Has court action actually been started.... or are they just threatening it?

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Thanks for rapid response. Yes it looks right on Civil Procedure though I'm not sure. It's with reference to a commercial blanket guarantee and a debt being called in reference to that guarantee. I tried - prior to a judgment by default being issued - to get information on what the debt referred to, how it was accounted for etc. but was never told. I now note that the guarantee says under 'Certificate of the Debtor's Obligations' that a statement of amount due will be '... conclusive evidence save in the case of manifest error or any question of law'. So I'm hoping that there is indeed some law or judgment that indicates they should have provided me with more information than simply the sum.

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Ok... if a Judgement has already been entered, it would seem that your best course of action would be a Subject Access Request instead to the company concerned. There is a template on here... It costs £10 to send and must go by rec. delivery at the very least, so that you know when it's been received.

 

This is a legal request (under the Data Protection Act 1998) for all data that a company holds on you, including all transactional data, telephone logs and so on. Whoever receives it has 40 days from receipt within which to comply and failure to furnish all info. means that you can report them to the Information Commissioner.

 

:)

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Thankyou. I am also keen to demonstrate that they should have responded to queries I made to them over the the past months as a part of my case for setting aside. I didn't use SAR but make phone calls and e-mail requests (which they responded to without answering the queries within). I'm wondering if the following is appropriate ( Is this Guarantee Watertight? Pitfalls in taking English Law Banking Guarantees Remain - Articles - All - Publications - Welcome to Field Fisher Waterhouse LLP ) if you look under 'Duty of disclosure' - you'll see what I mean. Would welcome any thoughts you have - am of course very grateful for your time.

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A Subject Access request is a legal request.... which makes all the difference, as it cannot be ignored, providing it goes off by a trackable method. Everything else; phone calls and/or emails are too wishy-washy in terms of pinning a company down to provide you with answers.

 

Once you have info. through a SAR, you can then begin looking into grounds for a set-aside. How long ago was Judgement made against you?

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Judgment against was June. Setting aside hearing was adjourned to September. A very complicated affair altogether too much for here but nub of it is that debt was and is being paid off by other co-guarantors but the bank still pursues me - to the equal incredulity of the co-guarantors who are content with the arrangement of repayment of full debt that they have agreed with the claimant. The queries I was putting in was an attempt to be sure that we were in fact speaking of the same debt but I couldn't get total assurance on this - only a sum which was at the time of issue the same for the debt being paid by the others so it looked likely (if you follow).

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The judgment was only against me - the point being that my co-guarantors agreed a repayment schedule for full amount (and that's being paid as per schedule) - I (and they) were under the impression that the repayment for everyone was therefore sorted (it's a joint and several guarantee). I continued to get demands - my co-guarantors assured me everything was being paid (which it was and continues to be) and so at first my thought was it was just taking time to work through the claimant's systems - but then I thought I'd better make sure that was the case and so started asking them for details of the debt in case it was something else I didn't know about. Couldn't get an answer to this as I've mentioned. This eventuated in a judgment by default which I'm now trying to get set aside - partly on the basis that they didn't tell me what the detail of the debt was.

 

(I've achieved an insight into the working of claimant's agents I suspect - the bank used different agents to pursue my co-guarantors from the one they used for me. At first I thought this may just be spreading the work around - a pity because of the confusion it causes. Now I'm thinking differently - I think the use of different agents is actually deliberate so that confusion is in fact caused and that - even when they have full agreement for repayment from one source - they can still more easily have others pursued for the same sum. It really is nasty I think).

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The judgment was only against me - the point being that my co-guarantors agreed a repayment schedule for full amount (and that's being paid as per schedule) - I (and they) were under the impression that the repayment for everyone was therefore sorted (it's a joint and several guarantee). I continued to get demands - my co-guarantors assured me everything was being paid (which it was and continues to be) and so at first my thought was it was just taking time to work through the claimant's systems - but then I thought I'd better make sure that was the case and so started asking them for details of the debt in case it was something else I didn't know about. Couldn't get an answer to this as I've mentioned. This eventuated in a judgment by default which I'm now trying to get set aside - partly on the basis that they didn't tell me what the detail of the debt was.

 

(I've achieved an insight into the working of claimant's agents I suspect - the bank used different agents to pursue my co-guarantors from the one they used for me. At first I thought this may just be spreading the work around - a pity because of the confusion it causes. Now I'm thinking differently - I think the use of different agents is actually deliberate so that confusion is in fact caused and that - even when they have full agreement for repayment from one source - they can still more easily have others pursued for the same sum. It really is nasty I think).

 

It seems strange to me that Judgement was only against you, unless you were the main party to the Agreement and their were no other parties involved. I'm also assuming this was/is a business debt?... hence the co-guarantors.

 

If the Judgement is only against you, then why are the co-guarantors still paying? Are you paying anything against the Judgement as well... and... are you all paying the same people?

 

When you talk about "agents", I'm also assuming you mean debt collectors and yes, they do pass accounts around in the hope of confusing the cr*p out of people. Some are in-house, which might explain why different ones were involved. If you could name the "agents" chasing you and your co-guarantors it would help.

 

You really do need to get to the bottom of this, as you've said..... and the only way (as I see things) is to get a SAR out to the company who loaned this money and find out what's been going on.... 'coz it doesn't sound right at all.

 

:cool:

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