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    • I have not looked much at your WS though it is looking good. I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007. that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations. It calls into question their right to apply for motorists data from the DVLA. I would wait for their WS to arrive so that you can pick holes in that too. howver watch that if they are late that you send your off just within the Court guidelines. What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
    • Capital assessments are based on the:   amount or value of the asset at the time of the application outcome of checks carried out to protect against fraud As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest. Just found the above in the law society website.  So am I screwed.  So confused.   
    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired. For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   Sono  mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.  All it states is that the operator can pursue outstanding PCs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say. Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ]to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal. Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative. Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.        
    • UncleB - where you write "This could lead you to facing the Bank in Court..."   1stly -  would that mean now?  by remote hearing?  Or when the courts open after the summer?   2ndly - Does the application for set aside automatically prevent the B hearing going ahead?   3rdly - Will sending in an application to have the B petition set aside mean that I have to disclose an address for service?   I can only give a mailing address   4thly - Could having an early (remote) set aside hearing potentially quicken up the process for the bank if I am obliged to give them a suitable place for service?  At the moment I assume the hearing was adjourned for lack of physical service.   I want/ need to get a set aside.  But don't want to shoot myself in the foot.  
    • Where I have sight of a letter which states the following: "a) the case is removed from scheduled date and time on the court list forthwith    b) the case will be re-listed on the 1st open date after x few months, a date to be advised" Is there any way a hearing would be any earlier than suggested?  Lockdown closed courts but may they open early?    Could the bank ask it to be brought forward even with lockdown still in place officially til end July?    Would that depend on them physically serving a b petition?   Could the 1st open date be any time up to Christmas with such a potential back log of cases?  
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dpac123

RBS taking me to court - *Struck Out* ** New claim issued by RBS **

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Good luck dpac

x:)x

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Excellent work Andy. Hope it bears fruit. Good luck dpac.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Is it today ? Best of luck, dpac


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Very bad day! Application dismissed, CCJ awarded against us for £30k + £15k cost. Forthwith judgement so payable in 28 days. Judge said to sort out a payment plan with Eversheds! To say we are gutted is putting it mildly. My concern is losing my house, which I assume could still happen if today's events are anything to go by.

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Oh dear Dpac

 

Grounds for refusing the application?


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Did he not.....if you tried to claim 4 times against a creditor he probably would.

 

Any how....now to sort and secure payment....submit a N245 and complete the I&E and make a proposed monthly payment

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order

 

Your offer of payment should be a realistic easily affordable amount based on your Financial I&E.

 

Stop worrying about losing your house...you have children that reside....never going to happen.

 

Regards

 

Andy


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As the judgment is forthwith I would recommend you get it completed this weekend......they do have a option to reject...hence the suggested realistic offer...if your I&E reflects the same the court can override them and approve.


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You need to make an offer that is realistic and affordable and that does not overstretch you.....has the court/claimant referred to securing the judgment?

 

If not put that aside for now...


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And also dpac are their costs to be summarily assessed or fixed ?


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what is realistic on a debt of £45k? think costs are fixed.

 

What is realistic on your I&E more to the point.


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Well £50 per week or £200 pm will be 18 years...I think that's acceptable by a court/claimant but I don't know what you can comfortably afford.

At the end of the day you can only afford what you can pay.....and they will have to accept.


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I personally think that this is game over dpac...dont waste anymore money trying to defend it....its horrible to lose and to lose to that amount even worse....but you have to put this behind you...sort and finalise payment arrangements and put this behind you and move on.

 

You made them work for it...they only got half of their costs.....


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£200 a month for (effectively) - ever?

 

I'd be getting some insolvency advice before offering anything. You'd be better informed to decide what's best then.

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Well £50 per week or £200 pm will be 18 years...I think that's acceptable by a court/claimant but I don't know what you can comfortably afford.

At the end of the day you can only afford what you can pay.....and they will have to accept.

 

does the claimant have to accept it?

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Oh dpac - what a day. Big hugs my friend

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Well £50 per week or £200 pm will be 18 years...I think that's acceptable by a court/claimant but I don't know what you can comfortably afford.

At the end of the day you can only afford what you can pay.....and they will have to accept.

 

Realistically £100 per month is the max we can do. does the claimant have to accept it or can they challenge it?

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They don't have to accept but you should nevertheless make the offer. If you fail to reach an agreement with them then you can opt for mediation. This is done through the court and can be performed via a conference call. If that fails then the creditor can seek to force the forthwith payment (bankruptcy) given that the judge instructed that a repayment deal be thrashed out you should strain all sinews to try and secure one. Then if it fails and you do end up before the old beak again your efforts will stand you in good stead. You could then apply for a redetermination (I think that's what it's called) which is where you ask a judge to decide the monthly amount. In this case they would have to accept the payment but are likely to ask for a charging order as a quid pro quo

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Realistically £100 per month is the max we can do. does the claimant have to accept it or can they challenge it?

 

Then thats all you offer


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