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    • I can only speak from personal experience. But a similar thing happened to me. Seriously dented door.  I made the other insurance pay. They regarded it as a write off. Took the money, replaced the door. Never heard anything more about it.    Except clearly someone sold my details to claims company, because I got loads of calls in bad English for a few month's 
    • The incident was 03rd March 2024 - and that was the only letter that I have received from MET 15th April 2024 The charge I paid was at the Stansted Airport exit gate (No real relevance now - I thought this charge was for that!!).   Here is the content of email to them (Yes I know I said I was the driver !!!!) as said above -  I thought this charge was for that!! "Stansted Airport" Dear “To whom it may concern” My name is ??  PCN:  ?? Veh Reg: Date of Incident: 03rd March 2024 I have just received a parking charge final reminder letter, dated 10th April 2024 - for an overstay.  This is the first to my knowledge of any overstay. I am aware that I am out of the 28 days, I don’t mean to be rude, this feels like it is a scam My movements on this day in question are, I pulled into what looked like a service station on my way to pick my daughter and family up from Stansted airport. The reason for me pulling into this area was to use a toilet, so I found Starbucks, and when into there, after the above, I then purchased a coffee. After which I then continued with my journey to pick my daughter up. (however after I sent this email I remember that Starbucks was closed so I then I walked over to Macdonalds) There was no signs about parking or any tickets machines to explains about the parking rules. Once at Stansted, I entered and then paid on exit.  So Im not show where I overstayed my welcome.. With gratitude    
    • Just to enlarge on Dave's great rundown of your case under Penalty. In the oft quoted case often seen on PCNs,  viz PE v Beavis while to Judges said there was a case for claiming that £100 was a penalty, this was overruled in this case because PE had a legitimate interest in keeping the car park free for other motorists which outweighed the penalty. Here there is no legitimate interest since the premises were closed. Therefore the charge is a penalty and the case should be thrown out for that reason alone.   The Appeals dept need informing about what and what isn't a valid PCN. Dummies. You should also mention that you were unable to pay by Iphone as there was no internet connection and there was a long  queue to pay on a very busy day . There was no facility for us to pay from the time of our arrival only the time from when we paid at the machine so we felt that was a bit of a scam since we were not parked until we paid. On top of that we had two children to load and unload in the car which should be taken into account since Consideration periods and Grace periods are minimum time. If you weren't the driver and PoFA isn't compliant you are off scot free since only the driver is liable and they are saying it was you. 
    • Thank you dx. I consider myself well and truly told :) x Thank you dx. I consider myself well and truly told :) x
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Letter referring to a statutory demand from Hamptons/Lowell - confused


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Sorry, my above post was wrong. The debtor has 18 days to apply to set aside the SD and 21 days to pay it.

After 21 days, not 18, the creditor can issue a Petition.

 

Dx100uk and I have fallen out before, in the nicest possible way :-) , about his advice. He's not wrong to say he has never heard of the 21 day rule but that is the rule.

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I drafted a letter in post # 14 which you can flesh out.

 

IF a statutory demand had been served on you, you would have 18 days from service in order to have it set aside (or action by payment). The 21 days is for if it had been mailed by "recorded" delivery the extra 3 days being for "service".

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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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My concern is that if I say I have not been sent an SD who would the Courts believe?

 

 

 

They would believe you.

 

A SD has to be served personally by hand. Or by Recorded delivery.

 

They obviously have not sent it by recorded delivery else they would have had a signed receipt.

 

They have obviously not served it personally - if they say they have then they will need to provide a statement from the person who claim to have done this.

 

IMHO, you need to get a letter in the post to them tomorrow, advising that you have NEVER received a Stat Demand from them. If they continue to say they have, then they must provide proof of this and also a copy of the demand.

 

You should send it by Special Delivery and keep the receipt.

 

You should then send a complaint to the OFT with a copy of the letter from Hamptons. They are obviously using the threat of a Stat Demand/Bankruptcy as a debt collecting tool.

 

They are preying on the naivetee of the recipient to not know what to do, or how a stat demand should be served.

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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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Sorry, my above post was wrong. The debtor has 18 days to apply to set aside the SD and 21 days to pay it.

After 21 days, not 18, the creditor can issue a Petition.

 

Dx100uk and I have fallen out before, in the nicest possible way :-) , about his advice. He's not wrong to say he has never heard of the 21 day rule but that is the rule.

 

:thumb::thumb::lol:

 

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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Hi CitizenB

 

Many thanks for your responses to my thread and your advice. This whole thing just seems so irregular I have been very confused by it, but your points are helpful and clear.

 

My concerns have been:

  • I have no SD
  • Who the courts would believe if Hamptons now petition for bankruptcy
  • What proof a company needs to evidence to show an SD has been served (if any)
  • What responses I should send to Hamptons/Lowell
  • Whether I needed to contact a court (not sure which one) to say I have had no SD in case Hamptons now petition for bankruptcy

Thanks once again

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Hi CitizenB

 

Many thanks for your responses to my thread and your advice. This whole thing just seems so irregular I have been very confused by it, but your points are helpful and clear.

 

My concerns have been:

  • I have no SD
     
    If you have not been served personally or signed for a Stat demand then it is the company who will have to do the proving.. NOT you.
     
  • Who the courts would believe if Hamptons now petition for bankruptcy
     
    As already advised, they would believe you - it is for Hamptons/Lowell to prove otherwise.
     
     
  • What proof a company needs to evidence to show an SD has been served (if any)
     
    Again, as already advised in previous posts - they would have to show a signed delivery slip (a Stat demand has to be mailed by Recorded delivery) or they would require a statement from the "server" if the claim it was delivered by hand.
     
  • What responses I should send to Hamptons/Lowell
     
    I have already drafted you a letter in post # 14. Again as advised, get it in the post tomorrow. Send it special delivery ( an expense you could do without.. but necessary IMHO)
     
  • Whether I needed to contact a court (not sure which one) to say I have had no SD in case Hamptons now petition for bankruptcy

Thanks once again

 

You would need to locate the court nearest to you who deals with Bankruptcies. Not all of them do. You should ask if a stat demand has been filed with them. If so, you would like copies of it.

 

If this HAS happened, which I seriously doubt, then please let us know and we can take you through the next steps.

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Uploading documents to CAG ** Instructions **

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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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Post # 14 brought forward.

 

 

IMHO, this is a ruse to obtain a knee jerk reaction from you.. that you will telephone them in a panic.

 

IMHO, I would simply write a letter advising along the following lines.

 

 

Dear Sir or Madam

 

Their account references

 

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

I am in receipt of your rather strange letter dated (DATE) and received by me on (DATE).

 

I believe you have been misled, at no time have I received a Statutory Demand from you or your client.

 

I therefore request that you send me a copy in order that I may apply to have it set asidelink3.gif.

 

Please be aware, that I have also copied this letter to the Office of Fair Trading.

 

Yours faithfully

 

print your namelink3.gif OR SIGN DIGITALLY -

 

 

Do not hand write your signature.

 

 

I think you also need to send this by recorded or special delivery in order to obtain a signature of it's delivery.

 

HTH

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Uploading documents to CAG ** Instructions **

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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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As has been said above, they have to make a concerted effort to serve the stat demand by hand, any threat of a stat demand from Lowells should not be taken lightly, they do progress to petition stage......in any event they would have to show via affadavit or witness statement how they had attempted to serve by hand a stat demand, and how the personal service had failed....to which point they could send it to you by registered post / recorded delivery / granted substituted service...Do you live in a place where there is a 'shared' door, gated house ? are any of the properties next door to you empty ? have you had any problems with the post recently or in the past 6 months ?

 

In any event I think a CCA request should be sent immediately to Lowells despite not knowing who the alleged debt is for.....a SAR may also be a wise move. You are slightly fortunate in the fact that at least the petition hans't arrived, but you should take some preventative action right now if at all possible.....make sure you send the CCA request recorded delivery (to show any potential dispute - you need to accompany this with a £1 postal order) a SAR will cost £10 (again send this recorded with a postal order) I would normally say send this to the original creditor, but as you don't know who or what this is for then obviously this is a cul-de-sac.

 

If you have not received any cards through the post box with somebody attempting to make an appointment with you then you should be able to take apart their witness statement which shows how they had attempted service....the only thing is that if you are setting aside the petition then you need to set aside the demand too at the same time.....please keep us posted.

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Hi 42man

 

I have just read your post and thank you for your views and comments regarding the problem. I would like to discuss something that I do not want to put on this forum as I am aware that other parties read these threads - may I PM you please?

 

Many thanks

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The stat demand only goes to you at the start of the process, only and ONLY if they go to petition stage will they state that they had attempted to serve the demand and it will have a witness statement from the process server stating how he had made more than a reasonable attempt at serving it. showing days and times he/she had attempted service. A CCA request to Lowells first is a good idea....make sure you send it recorded delivery and enclose a £1 postal order - keep copies of all your correspondence...when was the last time you had a 'credit' product ? don't be too specific in your answer though...

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Yes, :)

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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Don't give exact figures etc, as debt companies do read posts on CAG.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If you want advice on your thread please PM me a link to your thread

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Hi 42man

 

I have not had any new loans for years. My credit file is clear with nothing adverse showing on it. I was offered a credit card some time ago by my bank which I have used a little.

 

Is that what you need to know - why is this relevant please?

 

Thanks

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I have had one of these before because of an old catalogue account,

don't worry about it, just scare tactics.

 

 

If I had a pound every time they threatened n me with 'legal action' etc I would be rich !

 

 

These companies like to think they have all these powers and they don't which is why the throw big words in to letters in an attempt to frighten people.

 

 

Send it back to them with a typed up letter stating that you do not owe such debt and if they continue to harrass you you will start legal proceedings. That is what I would do personally :)

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I have had one of these before because of an old catalogue account, don't worry about it, just scare tactics.

 

Would you be prepared to bet all of your assets that this is just an empty threat? That is what you are asking the OP to do.

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Hi

 

Thanks to everyone for all the advice so far.

 

Just to confirm that the CCA letter is done as per 42man's advice.

 

However should Hamptons/Lowells also be told in a letter similar to that posted by CitizenB in post #14 (copied below) that I have never been served with an SD. If I don't tell them and just CCA them isn't there a risk they will progress to petitioning for bankruptcy?

 

Dear Sir or Madam

 

Their account references

 

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

I am in receipt of your rather strange letter dated (DATE) and received by me on (DATE).

 

I believe you have been misled, at no time have I received a Statutory Demand from you or your client.

 

I therefore request that you send me a copy in order that I may apply to have it set asidelink3.gif.

 

Please be aware, that I have also copied this letter to the Office of Fair Trading.

 

Yours faithfully

 

print your namelink3.gif OR SIGN DIGITALLY -

 

 

Many thanks

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Yes you should advise Hamptons that no SD has ever been served.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Yes you should advise Hamptons that no SD has ever been served.

 

Definitely let them know that you havent received one :)

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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