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    • Hi,   I've been sent a claim form from Hoist finance UK Holdings, after speaking with them I believe it's with Robinson way.   I dont recall ever being sent a letter of claim beforehand, the debt is a Barclaycard and the amount if around £1500.   Speaking to robinson way they are unwilling to negotiate with me and simply told me to return the claim form.    Is there anything I can do to avoid the CCJ, I'm happy to arrange a payment plan with them and certainly would've if a letter of claim was sent.   Thanks 
    • you have to look back a long way to get all the info you need on contract law that covers the contracts offered by the parking co. let us say wha it is if worded properly, it is a unilateral contract, which is basicaly an advertisement of something that by your actions you accept. they are enforceable as such. CARLILL v Carbolic Smake Ball Co is the mainstay on adverts as contracts.   Burden of proof- well that is a 2 way street in this case as they will say that they had lots of signs so you must have read them. we say that they need to be specific to the circumstance of a motorist entering private land in a car so they ahve to be legible and transparent at the point of entry from the public highway or it isnt a proper offer. Get the signage right and the fact that you drive in a manner that would get you nicked by not paying due care and attention wont allow you to claim that you didnt see the signs. the reality is though that the signs are often piddlingly small, hidden or unlit and usually without the necessary planning permissions so thre illegallya dn thus fail to create a contract.   demand for payment  within 14 days at a a time well after the correct NTK/NTD was issued is OK, problem is that many of the original charge notices are duff so no liability exists.   youcnat ask for other people's personal data, only they can. If you were the keeper at the time then it will be you they are chasing but other than that all you can do is get her to name you as the driver ands ee if they want to obey the law and start all over again against you.   Now as the original Northern Parking services were wound up by the govt for being naughty you should look up the original paperwork you still have and see who the creditor was at the time. Also get pictures of the sigange as all of the signs from the Co I have seen fail to mention the new version of the company and that makes the contract offered by the signage void.   so for example the secod letter of calom that is headed Northern Parking Services - no such company, it was wound up and this lot either dont know who they are or are too lazy or stupid to explain themselves. There is no tie between the 2 companies with similar names so why are they passing themselves off as a bunch of out of business crooks I wonder? I suspect that they took over the books of the wound up co and failed to explain themselves to the old clients and just carried on. Now that will be somehting to explore IF they do take you to court.   We really need to see the signs(ideally as they were back then so streetview archive images plus new photos please) if possible along with the original paperwork and an idea of when they dropped through your letter box with reference to the 12+2 days allowed under the POFA.   If you can get that then it will be fairly easy to compose a stinging response to their LBA.
    • The timeplate only relates to the parking bay. The SYL's are governed by the times on the entry signs to the Controlled Parking Zone. I've looked on Croydons website but can't find the restriction times for Zone W. The T-bar is no longer a requirement, but the SYL must be substantially compliant, which from your photo I would say it is.   You need to get a resident permit or at least visitor permits ASAP or you're going to continue to get more pcn's  
    • Please will you tell us the name of the company you are dealing with and also their website link. I suggest that you go and put up some reviews on trustpilot and on Google as well  
    • Have you paid the £40? How did you pay?   Please will you tell us which company you are dealing with and a website link
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Hi to my old friends back here again to try and help some more.

 

The story goes: a young man who works for me told me this morning that he had been visited by Marsdens with a warrant following him being late with a payment for a court fine balance £311 now gone upto £611

 

Young mans parents stressed and no money in the family to pay for anything

YM asks sister to take on a wonga loan to help out , sister does but will cost £80 per month for £300 loan

 

I told sister I would help and asked her to repay loan and I would loan to YM interest free

 

I ring the bailiff posing as concerned dad asking for time to pay -No help there from bailiff (what a surprise) fees are set by the courts says he Pay up or else!!!

 

I ring the court asking about the fees - nothing to do with us say court speak to the bailiffs I dont accept this and am given a 0845 number to ring costing £ loads per minute and told to speak to the court collection/payments section

is there an alternative number I can call from my mobile-no is the reply I look up an alternative number and call free from my mobile!!!

 

After 10 minutes hanging on to my free telephone number that woukd have cost £5 I speak to a lady who goes on to read YMs account and tells us he is upto date although he missed 1 payment this was made up the following month with a double payment! !!

She goes on to say the warrant should not have been issued! ! RESULT!!!! Warrant cancelled! !

 

£400 saved by a family with little or no resources 10 days before Xmas stress gone fine paid in full as loan from me to YM

 

I ring the bailiff to tell him. " not my fault only doing my job " says he

After a few minutes of me winding him up I hang up on him

 

 

High 5 with YM

 

an afternoon of whistling and jovialty ensues

 

 

Moral of the story

1/never believe anything a bailiff says or does

2/ challenge everything

3/ always ask for help on this site

4/ dont lose heart and never give in to them

 

Onlymeagain

Edited by citizenB

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This is a very nice outcome - thank you for sharing :)


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Long time no hear but shows the touch is still there, no doubt you are someones favourite Father Xmas this year.


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Welllll helloooo there ........its good to see you back in touch.....and what a lovely entry you made. Another bailiff with a leg missing from his xmas turkey, I love the thought of that.....but the moral of your story certainly stands up on all four counts.

 

WD

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Great story. :) you'll must have great karma after that.


"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

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Very true, and a good result but a scrooge bailiff is unlikely to be swayed by Marleys ghost, or the ghosts of Christmas Past Present and Future. "Are there no prisons, no workhouses" he will cry, "to send the debtor to after I clear the house out"! So even better that ohitsonlyme wound him up.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Good to be back in the fight thanks guys for your kind words,

it was you and this site that gave this family a bit of a boost

 

Onlyme again

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i read it, and from what i can gather is the courts messed up, not the bailiff

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i read it, and from what i can gather is the courts messed up, not the bailiff

 

But a bailiff went out anyway, and the amount seemingly doubled, and debtor was hassled into attempting to borrow, or get sister to borrow, is that right and proper?

"YM asks sister to take on a wonga loan to help out , sister does but will cost £80 per month for £300 loan"

 

Yes fines should be paid, but punishing with setting the Sheriff of Nottingham's finest on debtors, is not the way in a civilised society.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Sgt bush,I understand what you are saying but the system is broken with bailiffs acting in cavalier ways not listening to simple hard working people , yes YM made a mistake and was punsihed by the courts he was making amends and he is the hardest working lad ive come across he is also dyslexic and had no real understanding of his rights

If the bailiff had listened to him and taken some action rather than trying to take his meagre belongings then I would have some trust in the system however the bailiff was only interested in his coin.

 

When I spoke to YM it was clear something was wrong with the warrant, yes bailiffs hear this all the time but how many innocents pay unknowingly with all of their worldly goods that willbe sold for a pittance and leave the debtor still owing money

 

Onlyme

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Sgt bush,I understand what you are saying but the system is broken with bailiffs acting in cavalier ways not listening to simple hard working people , yes YM made a mistake and was punsihed by the courts he was making amends and he is the hardest working lad ive come across he is also dyslexic and had no real understanding of his rights

If the bailiff had listened to him and taken some action rather than trying to take his meagre belongings then I would have some trust in the system however the bailiff was only interested in his coin.

 

When I spoke to YM it was clear something was wrong with the warrant, yes bailiffs hear this all the time but how many innocents pay unknowingly with all of their worldly goods that willbe sold for a pittance and leave the debtor still owing money

 

Onlyme

 

How many especially HMCS bailiffs from Marstons when faced with a debtor who has moved or they got the wrong address forced coin from the third party under duress? Quite a few I'll be bound.

 

Hope they don't call on me by mistake, the guard cat will have 'em, and the police cannot do me for the actions of the cat when it assaults the bailiff by ripping his leg to shreds.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I think this thread highlights the importance of never believing a word of what any certificated bailiff or bailiff company under contract to HMCTS says. ALWAYS contact the HMCTS Enforcement Manager for the court involved, in the first instance and, if necessary, the Regional HMCTS Contracts Manager, too. As the OP did in this case, contacted the Finance Unit, it showed someone had cocked-up. All respect to the OP for their presence of mind and guile.

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The problem is that a large number of people being chased by bailiffs are brain washed by the system and believe that the system takes care of them and so dont know any better and simply accept what a bailiff says as correct.

I have a healthy disrespect for the banks,local government and authority in general so when I got into trouble early in the recession I was lucky to find Cag and started to develop limited skills in fighting back

The young man and his family didn't know who to turn to and were petrified that the bailiff would take everything they own including xmas tree and beds, such is the fear that tv and media create

The bailiff should have listened and gone back to check if all was in order, after all marsdens had added £300 in fees this would more than cover a checking of the facts.

 

Oh shouts the bailiff I have heard it all before from you dirty rotten lying debtors, and so ignores the facts presented to him

 

If as in this case it is only 1 in a hundred or even 500 that has been distrained wrongly then that one person and whole family should not be victims.

Had the Wonga loan been fully taken up I doubt that YM or his sister could have repaid and so a vicious circle ensues

9

Until I intervened a short term solution to a problem that should not have been there was about to become a major catastrophe

 

Onlymeagin

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Exactly so!


We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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You think how much real misery they cause, and they are not even allowed to do it and it is getting worse

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I'm a 63yr old newbie - gr8 story, gives hope for us mere mortals - Thank you.

 

Hi thebuggersmoved welcome to the consumer action group

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I'm a 63yr old newbie - gr8 story, gives hope for us mere mortals - Thank you.

 

Hi thebuggersmoved ..welcome.gif to cag.

 

WD

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I'm a 63yr old newbie - gr8 story, gives hope for us mere mortals - Thank you.

 

Welcome aboard:cheer2:


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 OTHER

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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