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    • Ok well thanks for the help it is appreciate. It’s Car Cash Point. Will press on with the FOS hopefully can salvage something from the situation. 
    • Hi   Sorry did not notice that. Yes I contacted them.immediately after getting their first letter (sent to wrong address) and they advised to send in proof which I did ( and have done  several times). They advised they do not have payment registered and did say the site may not have paid it to them. Is there anything I can do if I have used an unofficial site? 
    • Thanks.  The car was on lease and the leasing co have already grassed me up, so to speak!   I guess it is probably best to wait and see what POPLA have to say and then decide on strategy,  
    • Hang on with the letter till the experts come on, as bits that identify you as the driver definitely need to be changed and writing at all to Parking Lie might not be a good idea at this stage. PE will have sent their letters (IF they sent them) to the address your vehicle is registered with at the DVLA.  With you moving, that could explain the missing correspondence.  Watch out with the DVLA, if you don't update your details and they find out, it's a grand's fine! Yes, get on to the Holiday Inn area manager, and if they are useless, the CEO.  I reckon they will call their dogs off.   Edit - just reading PE's reply to you.  They are an utter disgrace (not a surprise I know).  They reckon you have broken some imaginary contract with them but refuse to give the details and say you have to contact a powerless third party.  Doubt a judge would be very impressed.
    • The later you leave it the more chance you have of receiving the claimants statement...which you can then use as a guide to refute their main points of claim.Drafting a statement in the absence of the claimants really leaves you in no mans land because you are not aware of their main points of claim on which they will rely on...or which you must refute.   Also as previously advised if they dont pay the hearing fee on time and they dont file or serve a statement on you....its a good indication that they do not intend to proceed so all your work has been in vain.   However it is good to be prepared and have a basic statement in case they do pay and do file at the death..leaving you little time to respond and counter.I think a mixture of the two you have already prepared would be the way forward however your point 1 with regards to hearsay evidence wont come into play until you actually receive their statement and if in fact they are relying on hearsay evidence..   Just for information Moriarty do not attend hearings they litigate using and relying on CPR 27.9   Non-attendance of parties at a final hearing 27.9 (1) If a party who does not attend a final hearing– (a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend; (b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and (c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above, the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim. (2) If a claimant does not – (a) attend the hearing; and (b) give the notice referred to in paragraph (1), the court may strike out(GL) the claim. So and if you do receive their statement it must include notice as per above.(CPR 27.9(1) Andy
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Hi i have a ccj with southern water for 1200, this has been passed to sherforce who have been out once but not gained entry, and sent a letter stating they are coming to remove goods for these 2 things they have charged £2000 with a threat of at least another £720+vat when they attend again is there anything i can do to stop these people from doing this. Any help would be greatfully received

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First & foremost do NOT under any circumstances allow them entry. They may tell you otherwise & even produce a piece of paper that says you have to let them in. You do not.

 

When was the first time you were aware of Southern Water having a CCJ?


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I was aware of it last yr and i really should have done something about it, but as i owed a council tax debt that took priority and all my spare money i did nothing about the water debt. Very stupid in hindsight i know :( I finally finished paying my council tax debt last month and i have tried to offer southern water a payment plan however they say that there is nothing they can do now, and i have to try and negotiate with sherforce.

I wont allow them entry under any circumstances i just feel that there won't be a end to all this money they are adding.

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Put your offer to pay £xxx in writing to SW as that starts a paper trail.... next you will need to download from HMC&T's form N244 and apply to stay execution of the writ, at the same time you need to download form N245 and seek a variation to repayment, eg: you send income and expenditure evidence along with an offer ro the amount you can be seen to reasonably afford each week/month. If you are on low income/benefits you will need to complete form ex160 to claim remission to the fees for the other two applications. If you need help filling in the forms just ask and someone will guide you through them.

 

It is always wise to bring the Courts attention to the obscene fees Sherfarts are attempting to add to the debt, you have opportunity to do this when completing Q10 of the N244....of late several caggers have had such fees questioned by the Judge and in some cases they themselves have ordered detailed assessment with the end result being majority of the fees being disallowed for being disproportionate to the debt.

 

WD

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Brilliant thankyou for your help. Should i inform SW that i am going to do these forms or will the courts inform them i have done this. In Q10 should i mention that i have filed for a variation order and then state about the extortionate fees sherforce are trying to charge me on top. Will the courts inform sherforce if i get a stay of execution or will i need to, I just don't really want to have to speak to him again. Thanks again for your help

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No need to tell SW or Sherfarts, the court will advise the former and they can tell the latter.

Yes make mention to the variation application and to the debt being inflated by 100+% by Sherfarts and that the interest being charged places you unable to move forward to reducing it in any way other than at snails pace. Emphasis if you are able to pay the creditor direct it will stay any further charges being applied to the account. If the stay is granted SW will be informed and they can tell Sherfarts but to be on the safe side I would send a copy of the order the court will issue after the hearing to Sherfarts as soon as you get it.

 

Wd

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