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    • Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report?   The three I have with the May date are moot anyway as either way they are gone - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August so I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they.   I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc?   I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's.   Thanks in advance for any advice.  
    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
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'No Parking Sign on private land - by that I mean OUR land


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I'm with Sailor Sam. You seem to be 100% sure this is your property and there's no access issue. Therefore the outstanding matter seems to be the sign and the damage they may have done when erecting it. That does fall outside the expertise of the parking guys on this forum.

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Citizenb, sailor Sam ..... I'd say this was a boundary dispute... In my opinion

 

Exactly! The OP may get better advice in a more appropiate forum. Those who specializes in this type of thing are hardly going to pick up on this here IMHO. But, it's no skin off my nose!

 

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It may not be their mistake, it would not be the first time that developers give out plans that are not correct - especially on the coach houses, as they are above other peoples garages, and it is therefore normal to have plans that show both parties owning a patch.

 

It is therefore quite possible that both parties have documentation that shows that they own the land in question, and land registry plans are not always detailed enough to resolve boundary disputes.

 

 

The coach houses are also a pain to insure, as the insurers can try to specify what items may not be stored in the garages underneath - which can leave the people in the coach house with no way to insure the building.

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Hi guys,

 

Just wrote a long update then browser crashed! Land is not LA it is classed as shared ownership. Checked deeds properly - from our garage right back to the wall of (next doors) house is 10 metres. 8 meters of the land is our drive - 2 meters is classed as shared ownership. (Drive is 3.5 meters wide).

 

I usually park in the 2 meters bit so my husband can get on and off the drive (tbh we didn't realise we owned so much of the land until yesterday - never bothered to look). They have put the sign clearly on our drive - tonight I have parked on our drive behind my husband right under their sign. Didn't take long for a knock at the door to 'you can't park there'.

 

I was really calm and said I had every right to park on my drive, that was the point of it... I also asked if they would remove their sign within the next 24 hours, or I would AND I would dispose of it. She contested the land being ours, so I offered to show her the deeds, I even offered her a ruler and tape measure so she may go and check. She refused my offer and so I asked her where she had got the idea that a) we could not park there (in her defence we don't normally, occasionally when we have guests we do but try not to as they always ask us to move our car). b) she had the right to put up signs imposing parking restrictions.

 

She told me on both accounts the developers had told her - I asked if she had a copy of the deeds that showed our land, but she said they had told her over the phone (sounds odd). I told her she needed planning Permission to put up signs larger the 0.3 m sq (done some homework) and asked her if she had it - she said she didn't need it as it was private land! I assured her a) she did if they exceeded the specified 0.3 sq m and she also needed the land owners permission - to which she said she had asked our next door neighbour so had permission - I told her as it was our land and we had not given permission I expected it to be removed with immediate effect, or I would remove and dispose of it.

 

Trying to be calm and resolve the matter I asked her what exactly was the problem with my parking on my drive (thought it was a good way to get the issue resolved). She said us parking there obstructed her - as it's a dead end I do not see how.

 

Apparently as she likes to reverse into her space she can only do that if we do not have cars on our drive. I suggested she drive in forwards and reverse out (as we have to) - she said this was unreasonable - I therefore asked her if it was reasonable I ask the neighbours behind to remove their garden wall so I could use their garden to reverse into my drive - as the brick wall next to my drive is much more obstructive to me, then if I was to have three cars on my drive is to her.

 

This she deamed as stupid as I could just park somewhere else yet it was unreasonable to ask someone to move a wall (seams as reasonable as me not parking on my own drive to me) .

 

Given up with this argument she told me they were having a step in front of their flat put in (lovely) and fencing around their door. I agreed it would be lovely and as long as it didn't effect my access to my drive it would brighten the place up - she said it would mean we could only get one car on our drive - I said I thought they would struggle to get planning permission if it was going to obstruct our drive - she said full planning permission had been granted and work was going to start soon (naturally I checked later online and no application has been made).

 

Other things said were 'I don't want to look out at a car park' - begs the question why buy a flat above 4 garages and driveways then?

 

She then went on to say the police had inspected the parking and we were not allowed to park more then one car on our drive or behind our drive - didn't know police got so involved in civil matters without speaking to the other party, nor did I know they made such declarations without checking the deeds as to who's land it was.

 

She finished off with the news the council were going to paint double yellows (on my drive? And on land not owned by them???).

 

I've pretty much decided they're a bit nuts (I'm sure you won't all agree). We have tried by not parking on the back part of our drive, getting guests to park elsewhere etc - now I'm resigned to - being nice doesn't work so why bother? - I think from now on I will make full use of my drive. I don't think her inability to drive properly means I am obstructive.

 

Still going to go to planning tomorrow and get full plans. But even if the area behind my drive is not mine - the only viable obstruction it would cause is to me.

 

Lemon

 

 

This may be one for a forum change....

Edited by citizenB
popped some spacing in for easier reading.
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Does he specialise in parking matters then? Sorry but in my opinion this is a property dispute. Parking regulations (private or otherwise) have nothing to do with this unless someone has been clamped or issued with a 'parking charge notice'.

 

Hi, I see what you mean about the property dispute, possibly so, my initial post was to determine whether or not I could park near my house as long as I was not causing an access issue. Even if the land was not mine - am I classed as an obstruction if I am merely stopping her from reversing into her drive (bearing in mind I can't either)?

 

Tbh guys my feathers are ruffled, surely yours would be if someone stuck notices around your parking area?

 

I'm sure it's not just me, she was bitching about all the neighbours.

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if its YOUR LAND

 

tough luck to them

 

simples

 

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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you cant get them online too you know

 

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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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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Just want to add a potential wrinkle.

 

I park in a similar sort of shared courtyard with garages and parking spaces.

 

On the deeds, the marked parking spaces are owned by individual flats/houses and their owners can park there.

 

Ownership of the rest of the court yard is divided into three bits with three of the properties owning different bits of it.

 

However (this is the important bit), ownership of land does not mean that they have a right to park, as the deeds (in my case) state that no one can park on these areas.

 

So I suggest you carefully check the deeds and plans. On my plan and deeds the area is designated an "access way".

 

I'm in a similar sort of dispute with the landlord of my neighbour who tells his tenants they can park in space that I need to maneouvre into my garage because he thinks that his ownership confers on him the right to use the land as he wishes (in my case I would need to either do a 5-point turn, or reverse onto the main road if I cannot use the space to turn).

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The council do not have to own the land to paint yellow lines on it, on a previous house we owned the road, and the grass verges, but the road was adopted... so we could have got a parking ticket on our own land. It is actually fairly common to have the roads on the house deeds, roads may not be adopted for ages after the first houses on an estate are built.

 

You need to find out which parts have been adopted by the council to be sure that your neighbour can't get yellow lines painted.

 

When you say part of the land is "shared ownership", do you mean that the other party has a right of way across that land? What exactly is meant by "shared ownership", who are the parties to the share?

 

 

I would also be surprised if the neighbours got planning permission for a step to their front door, as councils are trying to make houses more disability friendly, not less. There are also often covenants on the estates by the developers, restricting the owners rights to put walls up.

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Ok, as this has now moved on from the original "parking issue", I think I agree it should be moved to a different forum.

 

Any suggestions ?

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Had the neighbour applied for Planning permission then all those properties affected would have been notified and been given the opportunity to object.

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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

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

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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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Hi guys,

 

thanks for all your responses. Had a chat with the developers this morning, they were really nice - they said she had called this morning and demanded a copy of my plans. I explained the situation to the developer who simply said 'so what is the problem with you parking where you are?' exactly! She said they would never ever advise people to put 'No Parking' signs up, espescially around other peoples drives.

 

I also spoke to planning who were lovely. He said he had to nip out and was passing, so would have a look and then look at the plans. He called me back and said 'so what's the problem with you parking on and behind your drive? I don't understand what the problem is.'. He also said I could take the signs down if I wanted as they were on my land - but - bless him 'why bother' they've bought and fixed up a sign for free on your drive telling other people not to park there! He said there are no parking restrictions so I was fine to park. We are not causing an obstruction!

 

He also said there had been no planning application submitted, but if any work was commenced please give them a call - he could not say whether it would be passed or not until he had seen what they planned to do.

 

I'm feeling calm now. I'm not going to broach into conversation with her about parking any more. I will merely tell her I am within my rights, I am not obstructing - and if she wants to spend time and money on silly signs, that's fine! If they offend me I'll take them down and sell them on eBay.

She did say yesterday 'if you keep parking there I'll just come and ring your doorbell' - if she does that I'll suggest she stops harrassing us before we make a formal complaint.

 

Never really was one for titt for tatt.... I can't believe I lost sleep over it!

Ezy

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Glad you got it sorted Ezychick,

 

make sure you make a note of a contact name for the planning guy and the developer and then if little miss frilly knickers rings your bell, you can tell her to ring them instead!

 

Kind regards

 

Gbarbm

Gbarbm

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Glad you got it sorted Ezychick,

 

make sure you make a note of a contact name for the planning guy and the developer and then if little miss frilly knickers rings your bell, you can tell her to ring them instead!

Kind regards

 

I do have names, but again I can't be botherd to engage with her.

'you cant park there'

me: 'says who?'

'the developers.... whoever',

me: 'cool! So what you gonna do about it?'.

 

 

Think that's as far as I'll go with her - she can stew over it.

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EzyChic, I have to agree with your earlier post, suggesting your neighbour must be a bit nuts. The stuff about planning permission, police involvement, etc is clearly pure fiction.

 

However, one thing to be careful of. When it comes to selling, you are supposed to declare any disputes you have with your neighbours. I am not sure what constitutes a "dispute", but you need to be careful to ensure it doesn't escalate too far, or selling could get hard if you have to own up to having looney neighbours who argue over everything. (Lying or failing to own up can also lead you into legal hot water further down the line.)

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But none of what you say says 'this is your land bought and paid for and shown on the deeds as such'.

 

I don't understand..... it is our land.... I'm just not arguing anymore - even if it wasn't our land - it's not a turning circle for her. Are you saying I should tell her it's my land? I have already, I have offered her a copy of the deeds (but she has requested one from the developers - guess she thinks I've forged ours) - I even offered her my ruler and tape measure so she could measure it herself. I can't be bothered with all that any more. 'Do what makes you happy love' - I'm not refraining from parking on my own drive.

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