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    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
    • Thanks for all the suggestions so far I will amend original WS and send again for review.  While looking at my post at very beginning when I submitted photos of signs around the car park I noticed that it says 5 hours maximum stay while the signage sent by solicitor shows 4 hours maximum stay but mine is related to electric bay abuse not sure if this can be of any use in WS.
    • Not sure what to make of that or what it means for me, I was just about to head to my kip and it's a bit too late for legalise. When is the "expenditure occured"?  When they start spending money to write to me?  Or is this a bad thing (as "harsh" would imply)? When all is said and done, I do not have two beans to rub together, we rent our home and EVERYTHING of value has been purchased by and is in my wife's name and we are not financially linked in any way.  So at least if I can't escape my fate I can at least know that they will get sweet FA from me anyway   edit:  ah.. Sophia Harrison: Time bar decision tough on claimants WWW.SCOTTISHLEGAL.COM Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government...   This explains it like I am 5.  So, a good thing then because creditors clearly know they have suffered a loss the minute I stop paying them, this is why it is "harsh" (for them, not me)? Am I understanding this correctly?  
    • urm......exactly what you filed .....read it carefully... it puts them to strict proof to prove the debt is enforceable, so thus 'holds' their claim till they coughup or not and discontinue. you need to get readingthose threads i posted so you understand. then you'll know whats maybe next how to react or not and whats after that. 5-10 threads a day INHO. dont ever do anything without checking here 1st.
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Hi Guys! I am new to this forum, but unfortunately not new to my HPI debt, which is now contorlled by DLC AKA Hillesden Securites!

 

I bought a car on Hire Purchase in 2008

The car broke, and as a result had a new gearbox fitted under warranty, which itself broke 2 months later

 

Peugeot refused to fix under warranty, saying it was drivers error,

black horse did not want to help, and I could not keep up the finance!!

 

The debt now stands at £12000+.

 

I am currently bankrupt,

the insolvency service are aware of this debt with the car,

but cannot take it on fully until the car is reposessed!!

 

Currently DLC own the car, but are refusing to reposess!

they contatntly ring me, which is NOT allowed under section 285 of the insolvency act!!!

 

Peugeot are charging me storage which is currently at £1572.00, they will not release the car until payment is made

(I am liable as i well know and am fine with) but they will not release the car to me as DLC own the car,

but DLC will not reposess and will not give a reason as to why!

 

Until they do, the insolvency service will not take this debt on fully!!!

 

Please help I need to know what to do,

DLC are very threatening, but this does not bother me,

but what does bother me is the smarmy comments i get when they think they have won because they will not reposess the car!

BUT even after I am discharged from bankruptcy,

 

They debt will still be included in my bankruptcy estate as the debt was incurred before I was made officially bankrupt!!

 

Sorry to go on, but this debt is going on as is the problems with DLC!!

 

Thankyou in advance for any advice

 

Tom

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Hi Thankyou for your reply so quickly!

 

How do I find the new thread where it has been moved too??

 

I have an update, BlackHorse said they no longer own the car, but DLC have bought the debt!

 

They advised me to do a HPI check, which I have in front of me, and it says...........Black Horse own the car!!

 

I am the registered keeper, but NOT the legal owner! so why will they not reposess!??

 

Many Thanks again for such a quick reply!!

 

Tom :-D

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its here where you are.

 

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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firstly

stay off the phone to DLC

everything in writing only

 

you are under no legal obl to talk them on the phone.

 

and i dont think you owe anything on the car all.

 

the car and the loan are two sep things

 

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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Share on other sites

Well, this is where it is getting confusing,

 

Peugeot will not release the car until money is paid for the storage costs. They won't release it to me, because I am not the legal owner, I am only the registered keeper. Having my name on the log book is not proof of ownership. Because the money is owed on the car, they need to reposess, so as to claim some money back on it. Then the shortfall will be added to my bankruptcy estate. The insolvency service will not take the debt on now, because I still have the car (in theory) so they would potntially be buying the car for me!!

 

DLC are refusing to reposess the car, peugeot won't realease it to me, so every day it sits there, its more storage costs on my head

 

BUT if I get the car, and they still wont reposess, bailiffs will come, and guess what..........reposess the car!??

 

I wanna lose it today.........................

 

Tom

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I realise also to now stay off the phone with them, but all I really need now is for them to reposess the car, then the money owed goes into my bankruptcy estate, then bobs your uncle, I'm debt free! But it isn't as simple as it sounds. Blakc horse said they no longer own the car, but DLC do, DLC say they do not have the facility to reposess the car, but I cannot legally sell it because of the outstanding money owed on it!??

 

I shall be back later to check the post

 

Many thanks again

 

Tom

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as the car was very obv not fit for purpose

 

i do not think your 'owe' anything on the agreement.

so it does not need to be worried about it at all.

 

forget the car and what you owe

 

let them sort it out.

 

thats why its gone to a dca

 

blackhorse obv know this.there is absolutely no way this would ever get to court.

 

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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and who has advised BK?

 

are your debts THAT bad?

 

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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Share on other sites

By BK I guess you mean bankruptcy? I had no choice really, my debts are that bad, my wife and I barely pay the bills, and often juggle around paying less to some bills to get through! So I had to choose this route. Back to the car, I have been advised legally, that, I do owe money, ALTHOUGH bankrupt, the debt is not yet covered by my bankruptcy estate, because I still have to goods, whilst I have the goods, the debt is a finance deal, when they reposess the car, it is a debt, with no goods to show for, hence then it becomes a debt covered by my bankruptcy, but the problem I have is that I cannot get the car reposessed by DLC or whoever owns the damn thing, this is where my troubles start....

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forget the BK for the minute.

 

if you were to start a thread solely on the car issue, then the eventual outcome

i bet of the advise would conclude you owe nowt.

 

the car was not fit for purpose - end of!

 

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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Share on other sites

dont trust blackhorse as far as you can kick then - do some reading

 

also forget whatever a dca says

 

they have no legal powers whatsoever

and are only interested in getting money out of your

by telling you whatever they need to fleece you.

 

WHO told you you legally owe for the car?

 

its a heap of crap, that was never fit for purpose from day one.

 

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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