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    • just to be clear, the 'hyper links' are somewhat automatic in the forum software, sometimes we are not a direct party to what issues these are causing users?
    • Thank you for your advice so far, I appreciate it. However, while I don't have a problem with (subjective) reformatting of my posts, adding hyperlinks to keywords, etc., please can you stop editing the content of what I write - in this case, making sure this now potentially appears prominently for anyone searching the purchasing dealer on search engines? It is putting words in my mouth and is just rude. My earlier comments are based on what the dealer told me. Had I known what would have happened, should I have named them, I wouldn't have, as I cannot guarantee the veracity of the claim with my own eyes.    I am aware of the basic intricacies of needing to prove law, and how it works in general, and having to prove loss, etc. The only legal recourse mentioned was if I needed to pay for it myself - and if I need to go that way, I will keep a running update here to help others. I am aware I will have to pay for the repair myself before I go down any legal recourse. There are other aspects of the various acts that can also be explored if it appears they are not following their obligations, other than me paying and claiming back. I am not a lawyer, nor have I needed to understand that the legislation does this depth in the past - hence my asking for assistance here. The only reason I mentioned it in passing is that it is the last resort.   And again, I don't mean to sound ungrateful for the advice given thus far, and appreciate it, and you have already helped. I feel like we have gone straight to level 11.   My current view of this is: It's closer to £9k, having looked at it again today. You may be able to drop £9k at the drop of a hat - but I can't, especially around an already expensive time of the year. And I earn enough to put me in the smaller percentage of the county’s earners. I hated having to type that as it can come across as boasting, but I did it to explain that having that much liquid cash is unrealistic - especially with interest rates what they are. I would have to sell equity, cash out saving etc. This will take time. The only card I have with enough credit limit to cover that much is my company one, which is a no-go. I agree this is taking too long for a simple, albeit expensive fault. It's analogous to fixing a crack in a windscreen. No one would call for an engineer report on that situation to know what the cause and solution was The core driver for me arriving here asking for advice is the additional delay their potential cowboy of an engineering company will introduce. A view reinforced having spoken to them to arrange a date. I am not putting any more exact details or prices at this stage, because I don't want to be any more identified than you already have by changing the thread title. One Google and those with knowledge know exactly who I am, and I don't want to potentially damage relations with the parties on my side by opening a potential can of worms. Law of unintended consequences and all that. In hindsight, I regret naming anyone yet, as this can still realistically be resolved this week. I just wanted to initially come for education and understand my options. Hope for the best, plan for the worst. And to escalate if plan A or B didn't work.   To answer:     I think I have. I phoned them today again, asserting the complaint was raised as a rejection under section 75 and recorded the call. I plan to follow this up tonight in an email with all the magic incantations and keywords I seem to have to include. However, I would still appreciate it being proofread if I could send it to someone via a PM. This is not because I have left any details out, it is just that it will include details around the repair I do not want to put in the public domain at this time, as it may compromise my position.
    • Hobnail please don't take offence . DX covers so many different threads throughout the Forum so tends to be quite short in more ways than one. And while he may have been away from school when public relations were on the curriculum he is right when he said that you do need to understand how these crooks operate to be able to able to beat them in Court. All of us here want our members to win against the parking companies  and the best way is to see how others have handled similar situations. I expect he knows that you may not have looked at many threads on here to give you ideas to better your chances of winning.   You may have heard of the expression "Judge Lottery" on here where some judge comes up with an off the wall decision that virtually no other judge has come up with. So even where you have almost a cast iron case it can all go awry and the way to help circumvent these judges is to have sufficient knowledge and understanding to be able to counter his or her judgement.   I happen to think that no one should lose their case on airport land since the roads  are usually covered by the Road Traffic Act and /or Bye Laws since the land is not relevant land under PoFA. But it is surely better to be over qualified in your knowledge of your case rather than being under prepared. You never know until it is too late when you needed to be over qualified. We all hate it here when one of our members don't win their case so DX in his own sweet way🙂  is just making sure that you have the best possible chance of walking away a winner.   PS I had started to write this before Dx wrote his post just now.  
    • this thread is rather co-incidental to yours - same players same amount.     looks like prac/bw might have looked at credit files to see who also lived there at the time, whom sadly they think be responsible too.   you say like the above thread, EON refunded the £89 earlier as an over payment payment? how strange, and after you moved out now claim its owed.   you are correct in saying you owe nowt, its after you moved out....ruddy fleecers.   as that other thread too, does the PRAC letter state our client EON at the top?        
    • you indicated you had collected stuff from lowells sent your old address? that is what we are interest in?   what is in the vanquis GDPR return (SAR) is pretty much immaterial now as you've not mentioned or referred to any of it in your WS.
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Unpayable CCJ awarded against us.


Postie166
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My wife and I have been struggling financially due to my being unpaid for the first 10 weeks of this year and this being followed by me being made redundant. Following this I was unemployed for 2 months, I have now found employment as a postman but my take home wage is approx £1,200 less than it used to be.

 

We are keeping up to date with all our priority debts, we have fallen behind with non-priority debtors, now we have written to other debtors and most of them have agreed our reduced payment terms, HSBC seem to be ignoring our letters at present.

 

My wife's Sygma card passed it onto Dryden Fairfax solicitors, despite our writing to both Sygma and Dryden Fairfax with our offer of reduced payment they decided to issue a CCJ. We filled out the forms supplied by the court and sent them a budget statement giving a detailed breakdown of our situation, our statement shown that we had £135 available to distribute amongst non-priority debtors which we did on a pro-rata basis, this allowed £3.20 per month for this account.

 

Today we had a letter back from the court stating that "The claimant has objected to the rate of payment you offered", it then states that the court has decided on a rate of £635.81 per month.

 

There is no possible way we can pay this amount, I have downloaded and filled in a N245 form offering a payment of £20 per month, we can afford to stretch to this.

 

Is there any other action I should/can take at this point ?

Should I send a letter with the N245 form asking how the figure of £635.81 was arrived at and then explain our current situation ?

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630/mth seems a bit unreasonable re the amount owed re income!

you're doing the right thing re application. 20/mth = 9 years approx, seems alright. q is whether they will accept or not, and if not what court then decides to do.

Edited by Ford

IMO

:-):rant:

 

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If they don't accept it I don't know what we will do, there is no way we can pay £630 a month, we have cut everything to the bone as it is.

How can a court expect people who are in financial difficulty to suddenly find that amount of money, if we had that much spare cash things would be a lot easier.

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fair point, if court didn't see your income and expend. usual procedure then is for them to come back to court with yes or no. if no, court then determines (which they did). anyway, you are sending the court one with your application. mind you, 3.20/mth prob wouldn't have been awarded as being unrealistic (52 years), although inst orders are always open to review/variation, and where property a charging order.

Edited by Ford

IMO

:-):rant:

 

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I can understand that £3.20 was a low offer but to then convert that to £635/mth is unbelievable, I have no idea how they arrived at such a high figure, if we could afford that we could afford the approx £30 a month that is the minimum payment.

 

I can't find any template letters to send so will draft one myself explaining our situation and send that with the N245 form.

 

Is there likely to be an point in contacting the claimant directly to see if something can be sorted?

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Check the claim form you received from the court - it most probably says that the admission/defence form should be sent back to the solicitors (this happens a lot) - the court don't get to see your I & E, the sols just object to the small payments.

 

If you send your N245 to the court a judge will decide if your offer is reasonable based on your income and outgoing - I expect that your offer of £20 will be accepted.

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quite agree re #11 (crossed post), 630/mth is unreasonable to say the least, hence why mike suggesting maybe they didn't see your income/expend?

yeah can do a covering letter. send all to court.

outside of the instalment order? prob not unless able to offer a reduced lump sum in satisfaction, but would then need to ensure that judgment is deemed satisfied.

IMO

:-):rant:

 

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Perhaps I should also ask the court if they saw our I & E and if not why wasn't it presented at the hearing.

Don't want to stir up a hornets nest but also don't think it fair representation if they didn't.

Edited by Postie166
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Check the claim form you received from the court - it most probably says that the admission/defence form should be sent back to the solicitors (this happens a lot) - ....

 

quite right, admission form says to send to address shown on the claim form as one to which docs should be sent. ie the sols/claimant.

defence form (if defending) goes to the court.

Edited by Ford

IMO

:-):rant:

 

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- I expect that your offer of £20 will be accepted.

 

 

and so would I, start making the £20 per month to them now. Pay it via a method you get a receipt in case they refuse it and that wont go down well with the judge.

 

One good thing about a ccj, no more interest or penalties can now be added.

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There is a facility to send to first payment with the N245 form, we will send a cheque for £20 and make sure this paper work is sent directly to the court.

 

As you say the up side is no more interest or charges.

 

The frustrating part of this is that we communicated with Sygma and Drydens but they chose to ignore our efforts to find a solution and went ahead with a CCJ. :(

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Just checked the claim form and yes it says to send docs back to solicitors, so assuming then they didn't "bother" to pass the E & L on to the courts, that seems very immoral to me.

 

in general, for anyone doing an admission form perhaps send a copy to the court?

IMO

:-):rant:

 

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That sounds like good advice, its seems solicitors can't be trusted.

 

seems like the thing to do. at least then court would be aware of def's income/expend no matter what sols do. but, it should be a matter of course anyway for them to advise court of def's IE otherwise how can court make a fair proportionate decision if claimant refuses offer and court has to decide without the IE. doesn't make sense!

Edited by Ford

IMO

:-):rant:

 

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It has 14 days to dispute any redetermination, tbh its usually met with a c/o app......perhaps you should look into the history of its [DF] creation, it may give you some insight into why the court would not be aware of your proposal.

 

I'm new at this, could you please translate a few points for me

 

It= who does this refer to

Usually met with a c/o app

What is a [DF] and how do I trace its history.

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