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    • So there's no tax payable anyway.... nothing to see here!  
    • are you actually going to benefit out of this at all?   I was slightly getting confused here earlier, and forgot you said you are the claimant because you are suing the defendant for the cost of a hire car that you personally haven't had to pay for ?    
    • I received PCN's from TFL and Southwark. 08/06/19 I spoke with Southwark regarding PCN's and thought it was sorted.   Didn't hear anything back until 17/01/20 when my car was taken by Marston EA. TFL & Marston say they sent letters but have no proof.   I emailed TFL (19th June) through their online portal and again, via email on (14th Nov 2019) < the email on 14th has been viewed 17 times but no reply. (so I have proof of contact, they don't) I asked them if they send via recoded delivery/signed for but they do not.   When my car was taken, I received a call from a friend saying it's on the back of a truck, outside his house (which is round the block from mine). I ran round there and the EA was aggressive, shouted at me and refused to show ID/why he had taken my car.   I complained to Marston who denied it but sent me some of the footage. I complained again through resolver.co.uk and Marston lied again. Then I sent ALL my info and evidence etc.   took a few weeks and called me saying sorry and taking full responsibly for their EA's aggressive behaviour etc. TFL are still refusing to comment.   Marston offered me £250 as a goodwill payment but obviously the pain and trauma causes - that doesn't cover it. The police were called when they took my car cause I was so distressed and having a panic attack etc.   I've requested the phone call recording where they accepted guilt and that they had handled everything badly, including lying about the video on Resovler. I feel like Marston know they've done wrong, but TFL still aren't in the know. (to my knowledge)   Also, I requested info from TFL via whatdotheyknow.com and TFL did a data protection breach by uploading my full details including address etc. to a public forum (and I didn't even ask anything specific about my case) so I feel like they did this out of spite/anger.   the www.whatdotheyknow.com team reprimanded them for this and advised me to complain. I also paid £800+ to retrieve my vehicle and I have completed the OOT which was denied. I tried to take it to court but when I tried to do the 'low income' thing but they wanted bank statements which I couldn't get... then corona happened.   I've downloaded/uploaded the ZIP file from Resolver convos.   Regarding the footage: my initial message to them, I made myself seem unaware and 'stupid'   they wrote a generic reply telling me that 'the footage is fine and the EA did nothing wrong' they can't uphold my complaint,   then once they sent that; I sent them the CIVEA rulebook and timestamps in the video to show that they were in the wrong and had further lied in their official response (which must be illegal)   when they received the in-depth response, I think they got scared, went away for a couple weeks   tried to get the nice sounding woman to call me up, say sorry and be really nice then offer me a measly £250.   She also tried to rush me into agreeing.   
    • No it was about under by a couple grand.    Cheers
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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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