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    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
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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 :)

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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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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