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    • Morning all,   the pdf in my previous post is an error. Could soemeone delete it please as I don't seem to be able to myself. Thank you.   Correct files are below. Had to be 2 as file size limit would be exceeded.   What a night, got myself in a right muddle switching between file formats to ensure security. To cap it all it's my birthday today.   Thank you in anticipation final multi.pdf Second two page file elms 1 and 2.pdf
    • This is a draft of my WS   By no means final   Negatives:   doesnt follow smoothly    long winded   not much referene to cases except Beavis     I have tried to attach appendied but failed miserably, but I may not need them   The appendix are essentially:    IPC COP example of a contract between landowner and a PPC   IPC COP re entrance signages   IPC COD re sanctions on members who dont comply   JPEG of the erected signage showing that its back is to the entrance of the car park hence not in immediate view   JPEG of a receipt from 16.1.2021 ( yesterday) proving I went there and had a look at the signages     Not really sure if the appendices will make much difference en my defence   Please make any constructive comments etc..   I will have a look at the many links  FTM Dave kindly provided. I havent in detail because bene typing for the last 7 hours      Anyhow Thanks All             WS redacted-merged.pdf
    • Thanks DX 100   haha i totally  agree with your comment about the page 20    Yes I am awake and been all night w my WS   BUT can I point this very very very impt point please, which I am not sure if it has come to your attention   1. The payment machine and 6 hours and the free parking after 4.30 pm on a Saturday etc....all taken on board.   HOWEVER, and I cant stop myself laughing, this pay machine  he eludes to is based at The Market Shopping Centre Car park , after googling it is in CREWE.  It is not even relevant. They have put in a signage that is not even at the Merry Hill Centre which is in the West Midlands.    The Merry Hill Centre is the one I went to in Dudley, west midlands. All the signages , apart from the one you elude to have the intu Merry Hill logo     The one you refer to is in Crewe. I have never been to Crewe in my life lol so that signage is totally irrelevant    we can play this either way:   1. can take up your line of argument regarding the 6 hours etc. and pretned we are also using the pay machine    OR     2. totally dismiss it as being irrelevant, misleading , wasting the time of everyone by providing irrelevant info. Thats what I have argued in my WS so far. That signage does not belong to inTu Merry Hill            This is akin to someone being on annual leave from work between say 1.10 .2020 and 1.11.2020, and then finding out one of his/her collogues saying,  I saw you leaving work early last week , the 15th of October 2020.   hello !!!, I wasnt even in the country on the 15th of October 2020 !!   essentially thats what the claimant has done . The signage on page 20 doesnt even belong to the shopping centre I went to   I will log out and carry on with th WS     Thanks again       .   
    • Thank you FTMDave. As you can see from the time now I have had a nightmare getting questionnaire answered due to scanner problems, it is up there now though. I do not have proof of breakdown as the alternator was bought from a breakers yard near Chelmsford. I remember it well as they sold me the wrong one on the Saturday and I had to go back in my mechanic friends vehicle on Sunday as I had broken the original alternator getting it off.
    • 1 The date of infringement? 19/12/2019   2 Have you yet appealed to the parking company yet? [Y/N?] No. I did, unfortunately use the MyParkingCharge.co.uk portal to deny liability as the keeper and deny any contract. I mistakenly thought this was where I made a SAR. (I now see looking at the site again that it is actually. https://excel.zatappeal.com ) This was replied to as if it were an appeal.   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]   has there been a response? yes please AS A PDFFILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]   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. Issue date indicates that if "contravention" date is day 1 then NTK was issued on day 15 so arrived well before day 29. Document received was PCN/NTK in one. (see pdf)   what date is on it Issue date is 02/01/2020   Did the NTK provide photographic evidence? Yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide]   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] NO   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] Suggested appeals could be made via IAS   5 Who is the parking company? VCS   6. where exactly [Carpark name and town] did you park? Broke down on service road of Southend Airport, Southend-On-Sea   please do not put JPG Picture files into your post   .............................   For PCN's received through the post [ANPR camera capture]  (must be received within 14 days from the Incident)   please answer the following questions.   1 Date of the infringement 19/12/2019     2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 02/01/2020.   I recall noting, when it arrived on Saturday 16th Jan 2020 that this was more than 14 days from "offence" date.   [scan up BOTHSIDES as ONE PDF- follow the upload guide] please do not put JPG Picture files into your post   3 Date received 16/01/20   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y/N?] post up your appeal] Not as such. See this entry for PCN above.   Have you had a response? [Y/N?] post it up As above.   7 Who is the parking company? VCS   8. Where exactly [carpark name and town] Broke down on service road of Southend Airport, Southend-On-Sea   For either option, does it say which appeals body they operate under. Initial appeal to be via www.myparkingcharge.co.uk then via IAS   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   If you have received any other correspondence, please mention it here I have subsequently received a Demand for Payment dated 28/02/2020.  outstanding balance £160 Final Demand posted on 16/03/2020         outstanding balance £160 LBC dated 27/03/2020.                                 outstanding balance £160 with estimate of court fees £25 2nd LBC from ELMS legal dated 30/10/2020 listing estimated fees of   Principal debt £160                                                                                                                        Estimated interest £12                                                                                                   Estimated court / hearing fees £50                                                                                                          Estimated solicitors' costs £50                                                                                                                              Estimated total £272   windscreen or ANPR section to your thread and answer the questions... …….... in either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY please do not put JPG Picture files into your post   NTK plus .pdf
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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I handed the keys back to my home in 1996 and have had various debt collection agencies chasing me for 10 grand ever since.

I have basically ignored all previous letters as they were DCAs.

I split with my partner (joint mortgage) and we dont see each other.

i dont know if she has cleared any of the original debt (or if it matters)

I now have shoosmiths threatening me with legal action if i don't contact them.

Do these people have any more weight than a debt collection agency or will they eventually fizzle out like the other companies?

After all the other DCAs started contacting me I assumed that the mortgage company had sold on the debt, but having read a couple of threads on here it may be that the debt still lies with the mortgage company as shoosmiths don't buy debts.

 

PS

I have no current mortgage (all in my partners name)

 

PPS

all the letters as yet are computer generated responses and none have been personally signed by anyone

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I think you need to find out where you stand in terms of timescale - 15 years of no communication from you is a long time to hold a debt and could well be statute barred as it is so old. If it is nothing they can do, I am sure someone with greater knowlege will be along soon

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If there has been no payment or acknowledgement of the debt for twelve years then it is statute barred. The only way to find out if your ex has acknowledged or made any payment to the debt is to send a subject access request to the original lender.

 

You will need to send a £10 postal order (not cheque) with the SAR - write on the back of the postal order "payment for subject access request only - not to be used as payment." Send by recorded delivery and keep a copy of the letter and a photocopy of the front and back of the postal order for your records, then print off the signature receipt from the royalmail website to keep with the letter also.

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If there has been no payment or acknowledgement of the debt for twelve years then it is statute barred. The only way to find out if your ex has acknowledged or made any payment to the debt is to send a subject access request to the original lender.

 

Is that a good idea?

Wouldn't that action simply be an act of acknowledging the debt?

Why would someone who didn't acknowledge a debt start asking if someone who was liable had made contact or payments?

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Is that a good idea?

Wouldn't that action simply be an act of acknowledging the debt?

Why would someone who didn't acknowledge a debt start asking if someone who was liable had made contact or payments?

 

The point is that if your ex has been making payments, and one of them has fallen inside the statute barred period (i.e. 12 years) then the mortgage company, or whoever they appoint, are still within the time frames for taking further court action should they choose to. Getting a SAR allows you to see whether there has been any payment made during the last twelve years - if there has, you and your ex remain jointly and severally liable for repayment. That's why you have to know...though you could of course continue to ignore them. But sending a SAR isn't acknowledging the debt, it's asking for information about the account they hold on you.

 

One point - even though a debt may be statute barred, what this means is that no court action can be taken to enforce payment, but it does not mean that the debt cannot continue to be chased (you still owe the money). In fact, it'll more than likely be sold on once the statute period is up as the mortgage company will want to get rid and various other companies will no doubt try to get money from you - though with no fear of court action it is usually safe to ignore them.

 

At this point in time, you do not know if it is safe to ignore Shoosmiths - and they are litigators, so finding out what their position currently is, may well be the best way forward.

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Shoosmiths are solicitors; acting on behalf of other companies.... If you suspect that this may be stat. barred then you need to write and tell them (by rec, delivery), remembering to include the words "I do not acknowledge any debt to your company or to any company you may claim to represent" at the top.

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again ,writing to them asking enquiring if a debt is statute barred would indicate that i am aware of the debt.

why would someone enquire as to a debts origins and history unless you were aware if its existence?

As yet they have no proof that I have received any correspondence whatsoever.

 

Until they start sending recorded mail, it will remain that way, I will start to write to them once this happens.

The strange thing is that every debt agency that has written to me have different figures of the outstanding debt (going up and down)

Surely the mortgage company would have a clear figure in mind if they had any idea of the amount I allegedly owed.

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they don't need proof that you read anything...they will prove that they sent it though.

send a SAR to find out where you stand...£10 is a small price to pay.

as above, do not acknowledge the debt.

 

it's your call

If my advice helped you please click my star

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i dont know if its stat barred though, if my ex has made payments or acknowledged the debt then its not stat barred.

 

Would they really send a court summons to an address they don't actually know if a persons living there?

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i dont know if its stat barred though, if my ex has made payments or acknowledged the debt then its not stat barred.

 

Would they really send a court summons to an address they don't actually know if a persons living there?

 

It's been known to happen, yes. It's for them to prove it's not stat. barred by the way; not for you to prove it is.

 

:-)

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  • 1 month later...

they will still hound you for it though.

by sending a SAR you will not be admitting to the debt..

your call.

If my advice helped you please click my star

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