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    • well the only way now to get it removed is via a set aside cost £255.   even paying the CCJ and it being marked as satisfied will not sadly improve his credit file nor prevent it poss killing any credit for the 6yrs it will show on his file for regardless to payment.   TBH: there would have to be something seriously wrong for a set aside to succeed  location of the car park might help us at the least.    
    • I had  a 5yr fixed rate mortgage with Norwich & Peterborough before they merged YB. I was to pay £585.27 Per month for 60 months fixed @ 5.85%.   first year ok,   for the following three years as their SVR increased so did my mortgage; £589 1st increase 2nd increase £595, 3rd increase £599. Along with the increases I was also charged late fees etc. from 2008 onwards.   I did receive a letter due to the enquiry into their fees but that only refunded from 2009, where I had been incorrectly charged after one month in 2008, plus the charges wern’t consistent with the £25 they allege to charge sometimes i was charges £32.50. I know the increases are not considerable however with them increasing the mortgage due to their SVR increases did they  1.    breach the terms & conditions of the mortgage contract. 2.    switched my mortgage to a SVR.   Any ideas appreciated.  
    • Thanks Dx, I’ll have to ask him if he wants to go any further and tbh I’m not sure he has anything kept, the claim form, etc. I’ll ask him tomorrow and see what he says or has.
    • opps no outside of the 33 days he had to pay it for it not too show sadly.   we are going to need far more info than what we have here now to even think of suggesting a set aside. this is compounded by the fact hat you say he totally ignored everything inc the claimform?   oh well time for you to get scanning. scan everything he has please  every letter, the lot.   one good point is we only need the front page of the claimform..not the complete pach from northants bulk.   please makes sure you redact things properly but leave times and dates etc. just remove his pers details, reg/pcn/ref numbers and any bar or QR code boxes. read upload  put everything in ONE MULTIPAGE PDF FILE ONLY please     the sad fact here is premier haven't ever won any CCJ's when cases are defended. they run away.
    • in their WS they state its a recon, [pages 1-10] urm something smells here for this to happen for an online 2012 signup.   pages 1+4+5 appear to be missing??   need to discover whats going on here  so scan up the pages 1-10 as clear non blurred uploads no good to us if we can see them   if you need to send them via the secure email then do so and i'll do it. but we need to see the text of all 10 pages very clearly to workout what they have done..   its better you look stupid infront of us than lose another case infront of a judge.  you only waste the forums time when you don't follow what has been already advised  esp when it runs the clock closer to a deadline - its 3 weeks we've been waiting for these docs now and what do we get..mostly blurred uploads we cant read...
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DJHarris15

Student with excessive bailiff fees from parking fines in his fathers name. HELP!

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Hi all,

 

I am a student living at a property rented by my parents in the UK, whilst they live abroad in Turkey and are only back in the Uk a handful of times a a year. About two years when i was living in a shared house, i was driving a car that was registered in my Dads name, I received two parking fines within a short period of time which I believed were unjust and therefore appealed against numerous times (I had paid a ridiculous amount for an annual permit of which all spaces were nearly always occupied, mainly by vehicles with no permit therefore I was forced to park 'illegally''). Over the past couple of years I have moved around a lot whilst letters regarding this matter have been addressed to my father and posted to the there UK address.

 

Long story short, after moving back to my parents property in mid-November there was a hand posted letter from Swift Credit in the letter box demanding nearly £300. With help from my older sister who is a solicitor, we got the bailiff action suspended until the 6th January. Since then I have had a bailiff knock on my door and hand post another letter in which the sum due has risen drastically. Basically my worry is that a) the debt is not in my name but my fathers and b) I am an unemployed student, and have no means of paying these fees. I would happily change the debt into my name if this was a possibly, I do not own anything worth taking and would be happy to fight the matter but my Father obviously has a house full of furniture and belongings! With help from my sister, we have been in contact with the council who issue the original PCN's and offered to pay them in full, the CAB who appear to have less knowledge than I do on the matter, and also Swift credit themselves to try and find out when the matter will go back to court. All to no avail. The fact that the debt is in my fathers name is proving to be a massive obstacle.

 

I completely understand that my ignorance and arogance is to blame for my current situation, and now know that issues like these MUST be delt with immediately and not brushed under the carpet. I have read numerous forums and advice online. A few threads that I have read on this site have given invaluable advice to people in similar situations to mine, I would be so grateful for any help/assistance that could be provided.

 

Also I must add that, my father finding out about this situation and being responsible for my debt of such expense would be the WORST possible outcome.

 

Any facts, figures or evidence can be provided.

 

Regards,

 

Danny.

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Who ordered the suspension and on what grounds? if it was pending a further hearing then Swifts should back off until that takes place.

 

WD

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Who ordered the suspension and on what grounds? if it was pending a further hearing then Swifts should back off until that takes place.

 

WD

 

Hi WD,

 

My sister rang Swift telling them the house was unoccupied and asked if action could be suspended as my father would not be in the country until after Christmas, this was just to give me time to understand the situation without the fees increasing further.

 

Any advice on what to do next would be much appreciated.

 

Thanks,

 

Danny.

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What you could do is write to the parking services at the council and explain that you were the driver and you are responsible for the PCN's. Explain that your father will not be back into the country until later this year and you would like to pay the PCN at the stage it was issued.

 

Who did you appeal this too?

 

Because the car is not in your name you may have to tell your father, he can then transfer it over to your name as you were the drive at the time.

 

To be honest I cant really see what other options you have. Sorry. :(

 

Others may be able to see a way round this, but owning up to your father seems the obvious thing to do in this situation.

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Have you asked to see the Warrant(s) & see what date is on them as they are only valid for 12 months.


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Thanks for your advice seanarmarts, I did actually ring the council a few days ago explaining the situation and stating that I would pay the fines immediately, I was told that the computer system would not accept payment whilst it was in the hands of the baliffs but 'to make sure the bailiffs are behaving correctly', implying the chances are they were not. Swift Credit deal with all Cardiff City councils parking/motoring cases so maybe he was not just speculating. After the conversation I accessed the councils online PCN payment system and realised he was telling the truth. I have also been told there is no possible way to change the name of a debt :/

 

Ploddertom, I have received two hand delivered letters from the bailiff. On the second occasion he knocked the door and I answered never expecting it to be a bailiff as it was 7:30pm, I immediately stepped outside and shut the door behind me, he asked for my father (using his name) and I panicked and told him my father would not be here until next week. I knew that was the wrong thing to say, In hindsight I should of said he was out the country for the foreseeable future in order to deter the bailiff and increase the chance of the case going back to council. I have educated myself a lot in the past week on my rights with regards to bailiffs, I'm fully prepared to question his ID, warrant and film any encounter if necessary. I'm thankful for your reply.

 

An ideal solution would be for the bailiffs to accept my father was out the country long term and for the case to go back to the council where I with the help of my sister can hopefully pay what is necessary and deal with the situation, without the involvement of a cowboy charging ridiculous fees as he sees fit. I've read that a bailiff company has 180 days to pursue a debt, after that it goes back to the creditor, can anybody confim this is true? Or inform me otherwise.

 

All help is much appreciated.

 

Thanks,

 

Danny.

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PCN's like these are valid for 12 months. I asked about the dates on the Warrant as you say some of them are originally more than 2 years old. You could in theory sit it out and wait till it is handed back to the Council, Bailiffs actually only manage to settle approx 20% of all PCN's they are given.


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I was told that the council are legally allowed to chase a debt for 6 years? I think waiting it out might be my only option at this point. With regards to a warrant, do the bailiffs use intimidation and threatening behaviour initially because they do not have a court warrant and it is not easy/time consuming for them to obtain one? If this is the case, I'm sure waiting it out could work, as the first bailiff letter received is dated 24th August 2012.

 

Thanks for your rely.

 

Danny.

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You are getting mixed up with differing debts. You may be thinking of Council Tax or Business Rates with regard to 6 years, if they obtain a Liability Order within 6 years of the debt being due then they never become Statute barred. PCN Warrants only last for a 12 month and are not renewable.

 

If you think you can stand the tactics etc used by some of the Bailiffs that cal then so be it but be warned constant knocking at the door for an hour or so can wear you down. They are also known for asking about you to neighbours and may inadvertently reveal they are Bailiffs.


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If you come clean with your father and he can show he was out of the Country at the time the pcn's were issued....they will find it hard to prove he was the driver and will have to reissue the ticket at original charge????

 

WD

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PLODDERTON

PCN Warrants only last for a 12 month and are not renewable.

 

Do you mean if a bailliffs warant of execution or high court write are not enforced/unable to enforce, then the councils cannot, use bailliffs to try & get their money?

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plodderton

if they obtain a Liability Order

 

What is a 'liability order' in the context of an unpaid PCN? thanks

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You have joined a thread that ended almost 4 years ago. It would be better if you start a new thread.

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I agree, BA, Thread closed

 

Caz16, you would be better posting on one of your other threads or starting a new one.

 

HB


Illegitimi non carborundum

 

 

 

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 952 days.

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