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    • 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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    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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sons RBS card CCJ, now Incasso have a CO..hes stil paying ..can he move..


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Hello some advice please.......My son got a judgement about 4 months ago for a loan he had with RBS after defaulting on an arrangement he had previously made with them (there was many reasons for this)

 

it was put into the hands of incasso and he continued to bury his head in the sand. anyway incasso said that a charge has also been put on his property without is knowledge using some court that was over 100 miles away or so they say.

 

What i would like to know is can a charge be put on a property when it was for an unsecured personal loan and what is the worst case scenario for him and his family.

 

What is a charge and can they make him sell if he can't make the payments (all his overtime has been stopped indefinately at the moment) and he is obviously worried.

 

Kind Regards,

 

cg

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Sadly all above board, and increasingly frowned on by courts. If the judgment is for under £9000 it is highly unlikely he will be forced to sell his house.

 

In other ways, CO's are not bad things as interest and charges are automatically frozen and the company only gets its money when he sells his house. Say the judgment was for £4000 and he doesn't sell his house for 15 years. Inflation will have devalued £4000 to probably the equivalent of £1000 now.

 

There are no guarantees, but judges really are very reluctant to force people to sell their houses.

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Hi Tingy and thanks for replying - I was beginning to think i was going to have to bump the thread because I hadn't had a reply from anyone.

 

My son is paying £550 a month to them at the moment but his overtime has stopped and he is really worried that he wont be able to meet the payments - what would happen in that case scenario, would he have to go back to court do you know.

 

he seems to think that if he pays it off and the judgement is satisfied then the judgement will be removed, but i dont think it quite works like that does it ?

 

How many years will the judgement be on his credit file for and can you tell me what happens to the charge on the property and is it automatically discharged..

 

Anyway many thanks for your reply....

 

cg

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Thanks cerberserlert

 

If the judgement is marked as satisfied will that make a difference to him being able to move house if he wanted to before the six year period ends or will he still have to wait the full term of six years.

 

What happens to the charge that incasso have on it. will he receive some paperwork to say its been taken off his property, I have no idea how it all works.

 

Many thanks,

 

cg

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I'll write in red purely to make it stand out from your writing!

 

Hi Tingy and thanks for replying - I was beginning to think i was going to have to bump the thread because I hadn't had a reply from anyone.

 

My son is paying £550 a month to them at the moment but his overtime has stopped and he is really worried that he wont be able to meet the payments - what would happen in that case scenario, would he have to go back to court do you know. I am not an expert on courts, but I believe if he cannot afford the current repayments he can apply to the court to have them looked at and changed.

 

he seems to think that if he pays it off and the judgement is satisfied then the judgement will be removed, but i dont think it quite works like that does it ?

You're right! The judgment will me marked as satisfied and will stay on his CRF for 6 years, then fall off.

How many years will the judgement be on his credit file for and can you tell me what happens to the charge on the property and is it automatically discharged..

Answered above - 6 years - and yes, the CO will just disappear. Double check this, but I'm pretty sure he doesn't have to apply to have it removed.

Anyway many thanks for your reply...

 

Good luck!

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  • 1 year later...

Hi all,

I need advice for my son regarding a charge that was put on his property a few years ago due to a credit card with RBS

who then sold it on to incasso and he has been paying it off every month. he is now down to around a thousand or so.

 

Last week he asked incasso for a settlement figure and he offered £650 but they asked for £850

and also said that if he only pays them £650 the judgement/charge would only be partly settled on his credit file and not wholly settled.

 

Any thoughts please.....too me its not worth paying anything extra off if they are not going to remove the judgment/charge from his property and credit file.

 

What do you think he should do.

 

cg7

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urm.......

 

something smells here.

 

did IC go back to the court and get it transfered to them?

 

have they ever metioned they know it has a CCJ?

 

how was this negotiation done

 

not on the phone i hope.?

 

who is shown as the OWNER of the debt n the CRA, IC or the OC?

 

is there a clear record of the su reucing on the CRA file since paying IC?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi all - my son today received another letter from Incasso "we write in connection with the above matter and further to previous telephone conversations. We note the contents of the conversations and acknowledge receipt of the £600 settlement offer. We are currently seeking our clients instructions in respect of the figure and will revert back to you upon receipt of these instructions.

 

They also said that if he pays the 800 pounds, the charge will be wiped off straight away but if he only pays the 600 pounds he will have to wait another 6 weeks, is this correct or are they just trying it on, it sounds very fishy to me. what do you think.....

 

cg

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very fishy!!

 

something smells big time here.

 

whos name is against the debt on his CRA file?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi - that i don't know but he is going to check his credit file tomorrow.

 

I am looking at a B132 notice from the Land Registry. to enter an agreed notice and it says that the application was lodged by Incasso Llp of Leeds. on behalf of The Royal Bank of Scotland plc. but all of this happened a couple of years ago now.

 

How long will this charge/judgement stay on his credit file once it is paid off ?

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6yrs

the charge itself is never shown on the cra file, i think?

 

but the CCJ will for 6yrs

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx - is it 6 years from the date of the judgement or from when it is paid off.

 

also is it true that if they reach an amicable settlement figure that is short of the existing balance, will it go on his credit file that he hasn't paid it all off and what would be the outcome for him.

 

cg

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I'm very much inclined to not touch this with a barge pole........out of my depth here I'm afraid, but it just doesn't sit right with me at all, they're up to something???

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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yes my thoughts too.

 

never short settle

 

something really smells

 

no-one ofers a discount if they can get the whole cigar.

 

my answer to anyone that gets offered a discount is ignore.

 

however in this instance, diff to call.

 

get that cra file

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Update

 

.My son has received a letter today from Incasso saying that his client's are not willing to accept the Full and Final settlement offer of £700. This is due to the offer being to low in comparison with the outstanding balance.

 

Our client has advised that they would be willing to accept £870 in Full and Final settlement of the above matter and this offer is only valid for 30 days.

 

Do you think he should accept or make another offer to meet them half way on the settlement figure.

 

With it saying Full and Final Settlement. will it still have the "P" on his credit file as opposed to Satisfied.

 

What do you think he should do ?

 

Thanks....cg

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that means partal settlement

might as well burn the money!

for all the good it will do.

 

get his cra please

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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so the debt itself shows

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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is the CCJ listed too?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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