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    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
    • Ok many thanks. Just wanted to check that nothing else for us to do / send for the moment. Will update again once we receive a copy of their N181 and proposed directions for review. Our post is a bit hit and miss at the moment. Appreciate the help through this process.
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Live in NZ but Credit Solutions Ltd have started hassling aged mother in UK


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I have been trying in vain to deal with EGG collections department for some months (offered them monthly payments) but despite trying they have obviously handed the debt to Credit Solutions Ltd who have now started their phone campaign on my mother at her address. I repeatedly told EGG that I a have lived in NZ for nearly 10 years but they always needed a UK address - so I stuck with hers over the years.

 

I am still happy to deal with EGG but will not have these sleaze bags hassling an old lady. Any ideas on the fastest way of stopping them? I know there is zero chance of them coming to NZ for the debt and I will be serving both EGG and CSL with a SAR as well as notifying the Information Commissioners Office as the sending of automated phone calls without human intervention is against The Privacy and Electronic Communications Act 2003. I have also instructed her to call 999 and say she is being assaulted if they come to the door.

 

Any other suggestions?

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Will try and find some help for you :)

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Write and tell them to "cease & desist" and that you have notified the Information Commissioner's Office of their breach of the Data Protection Act.

 

A cease and desist is an order or request to halt an activity (cease) and not to take it up again later (desist) or else face legal action. The recipient of the cease-and-desist may be an individual or an organization. You can format the letter using the following advice; http://www.duncanlawonline.com/how-to-write-a-cease-and-desist-letter/ it's a septic site but the advice still holds good. ;)

 

Your mother should do likewise and also make a complaint to Trading Standards via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

Besides being in breach of the data protection act they are also breaching the OFT guidelines and it is tantamount to harassment which is also a breach of CPUTR.

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I have been trying in vain to deal with EGG collections department for some months (offered them monthly payments) but despite trying they have obviously handed the debt to Credit Solutions Ltd who have now started their phone campaign on my mother at her address. I repeatedly told EGG that I a have lived in NZ for nearly 10 years but they always needed a UK address - so I stuck with hers over the years.

 

I am still happy to deal with EGG but will not have these sleaze bags hassling an old lady. Any ideas on the fastest way of stopping them? I know there is zero chance of them coming to NZ for the debt and I will be serving both EGG and CSL with a SAR as well as notifying the Information Commissioners Office as the sending of automated phone calls without human intervention is against The Privacy and Electronic Communications Act 2003. I have also instructed her to call 999 and say she is being assaulted if they come to the door.

 

Any other suggestions?

 

Hi, if it's any help, I have 'been there and done that', so hopefully can give some reasonable advice.

 

It is very important that the creditor understands and records the fact that you are in New Zealand.

They may tell you that they will only accept a UK address, but this is simply to make their job easier and increase the chance of getting a CCJ against you.

 

Start with the actual company you owe the money to, and send them a letter, recorded, registered whatever you wish and tell them where you are.

 

I would go to the nearest Post Shop in NZ and pay for a PO Box for 12 months. Give them this address and do not take no for an answer. Make sure they make a note of it.

 

If you have any old credit card bills with the change of address form on the back, find as many as you can, fill them in with your new address in NZ and post them one periodically.

 

Ignore any debt collection agency letters, as you will find once the creditor has your correct address in NZ, it filters down the food chain and the DCA will drop it like the proverbial hot potato once they know where you are. They are completely toothless anyway as you are no longer in the UK, so unless you fancy a bit of DCA baiting (which I particularly enjoy myself) don't bother with them.

 

Do not under any circumstances reply to phone calls, letters or discuss the debt on the phone with them.

You indicate that you are happy to speak to Egg. Why??!!:mad2:

Tell them where you are, and leave it at that....seriously.

 

Every time you discuss the debt in any form, they will record it, and the statute clock starts again.

 

I too had problems with creditors ringing, writing and turning up at my parents address. Doing the above took a week or two to filter through, but three years later, I have had no bother and my parents have had none either.

 

In my view this is very easy to resolve, and all it takes is a bit of nerve and all will be good in the end.

 

Best of luck,

 

3tea

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3tea, excellent advice except for one point.. the SB clock only starts ticking if/when the liability is admitted :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Many thanks for the advice. They must have it recorded that I live in NZ as they have called me on my NZ telephone number before now. The disclosure notice should tell all but in the mean time I'll get on with following your advice.

 

 

Hi, if it's any help, I have 'been there and done that', so hopefully can give some reasonable advice.

 

It is very important that the creditor understands and records the fact that you are in New Zealand.

They may tell you that they will only accept a UK address, but this is simply to make their job easier and increase the chance of getting a CCJ against you.

 

Start with the actual company you owe the money to, and send them a letter, recorded, registered whatever you wish and tell them where you are.

 

I would go to the nearest Post Shop in NZ and pay for a PO Box for 12 months. Give them this address and do not take no for an answer. Make sure they make a note of it.

 

If you have any old credit card bills with the change of address form on the back, find as many as you can, fill them in with your new address in NZ and post them one periodically.

 

Ignore any debt collection agency letters, as you will find once the creditor has your correct address in NZ, it filters down the food chain and the DCA will drop it like the proverbial hot potato once they know where you are. They are completely toothless anyway as you are no longer in the UK, so unless you fancy a bit of DCA baiting (which I particularly enjoy myself) don't bother with them.

 

Do not under any circumstances reply to phone calls, letters or discuss the debt on the phone with them.

You indicate that you are happy to speak to Egg. Why??!!:mad2:

Tell them where you are, and leave it at that....seriously.

 

Every time you discuss the debt in any form, they will record it, and the statute clock starts again.

 

I too had problems with creditors ringing, writing and turning up at my parents address. Doing the above took a week or two to filter through, but three years later, I have had no bother and my parents have had none either.

 

In my view this is very easy to resolve, and all it takes is a bit of nerve and all will be good in the end.

 

Best of luck,

 

3tea

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