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    • Around 16yrs ago my partner took out a couple of loans to complete renovations on our property. Around 2 years later we both had to give up work due to our new born child having a serious illness. Without going into too much detail we lost our house that we'd literally put 30k savings into along with another 25k taken in loans to complete it.    We had to give up work to care for our child which meant we couldn't pay most of our large debts. 2 loans for around 22k were outstanding and were eventually passed over to a collections agency whom agreed to accepts £1pm. These debts were passed to several others collection agencies every few years with them attempting to either agree a deal or get more funds. I think the latest company has been around 4 years with us still paying £1pm.    Is there anything I can do to get this debt wiped? I appreciate I could contact them to make an offer as full and final settlement however I wasn't sure if there was something else that could be done due to the timeframe involved?    Just for info. Neither of us are employed and still care for our child. I don't envisage this changing in the immediate future.  The default on the debt is around 13-14yrs & the loans were taken out around 16 yrs ago.
    • So do I just challenge each point like this….. ( my answers and statements in red)   1.     The claim is for a breach of contract for breaching the terms and conditions set on private land. The defendant’s vehicle (reg no) was identified in the Headford Mews on 22/12/2020 in breach of the advertised terms and conditions; namely Parked without displaying a valid ticket/permit. – I had not entered a contract with VCS, Nor EXCEL Parking. I was merely parking in the allocated space for the property I was working at with the permission of the tenant and letting agent who acts on behalf of the landlord.   2.     The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct - There is no contract because the terms were not made clear to me or were incomplete.   3.     The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. – Original PCN came from Excel not VCS and I have no way of appealing. The letter I received contained insufficient detail of the claim. They sent me a vague and un-evidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol. Their letter lacked specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. The letter came from VCS not Excel   4.     The sum claimed is a NOT genuine pre-estimate of loss. I did not receive a penalty charge notice I received a speculative invoice.   5.     The leaseholder/ landlord client who owns or rents the parking space has 'supremecy of contract' over the agreement the VCS and Excel have with the landowner and I parked there under my client's instruction.   6.     Wording of signage and charge notice makes it clear that the charge is a penalty  disguised as a contractual agreement. For this to be a genuine contract in the terms stated by the PPC. There is no offer for motorists to park at the tariff of £100 or even £60 per day, merely the statement that a breach of the terms will result in the motorist 'agreeing' to pay a charge. In making a charge conditional on NOT doing something this makes the charge punitive and clearly designed to dissuade and any charge must therefore be reasonable and represent either the actual loss or a genuine pre-estimate of loss to the landowner or PPC. Since the car park is essentially free for residents no loss was incurred. The PPC has indicated that they are not required to prove loss as this is a free service to the landowner and the charge was agreed with the landowner in order to cover business overheads. If £100 was to be a GPEOL then in offering a discount to £60 for prompt payment the PPC would be running at a loss of £40 per ticket. The charge is therefore disproportionate, designed to penalise a breach and is unenforceable.   5.The claimant seeks the recovery of the parking charge notice, contractual costs and interest. The sign is for £100 consideration, not £245.      
    • You can only push 'you need to give us what we want or we will sink our ship with everyone but us aboard' for so long .. especially when they just carry on sinking the ship anyway
    • I bought a glass washer for my pub, went off recommendations for a good local company and the supplier came out to do a site visit to see which machine would be most suitable. Spent just short of £3k on the washer. Since installation I’ve not had one clean glass, the supplier has been back a few times to adjust settings and then said we needed a water pump, so we bought a water pump through them to increase the water pressure to help the final rinse.  Still no clean glasses (glasses have rinseaid residue on them so they look very streaky)  Tried more settings, swapped the machine in case it was a faulty machine.  Still no clean glasses. I got in touch with the manufacturer, as by this point the supplier (distributor of the manufacturer) was ignoring my calls/ messages. They sent an independent engineer out to site to see what the issue was. Independent engineer identified we don’t have enough water flow for this machine - that in actual fact we needed a different kind of machine that stores water for the final rinse rather than using it from the water pipes (bit like a toilet tank) Original supplier said ok we’ll swap the machine out but we’ll only give you 80% back for the water pump as it’s now second hand (had it about 5 weeks because they told us we needed it) and the new washer will also cost more (I can accept the new washer is more as it’s a pricier model)  All agreed. Invoice sent, although I wasn’t happy about the water pump. Next day I get another invoice - the manufacturer sent the supplier/ distributor an invoice for the independent engineer, the supplier/ distributor has now sent it onto me (£350) and said if I don’t pay it he’ll no longer swap the machine. So…where do I stand? He’s the ‘expert’ that did a site survey and sold me a machine that isn’t suitable for my site I was never informed of a potential fee for the independent engineer. When the invoice landed for it I asked when he informed me of this, his response was ‘well I’m telling you now’ (after the event) claiming because there is nothing wrong with the actual machine and it’s an issue with my water supply I have to pay. If I don’t pay I’m left with a machine that isn’t suitable for use and down nearly £3k. I called the manufacturer and they said they won’t get involved, but they apparently did tell the supplier/ distributor they would charge him for the engineer if it wasn’t a fault with the machine. The invoice is from the manufacturer made out to the supplier/ distributor not to me.  Where can I go with this? Distributor agrees they should have been aware of the water flow when they did the site survey, but says they’re having nothing to do with it and it’s between me and the supplier to sort. Supplier started making threats on the phone saying if I tell other pubs he’ll take legal action and that he’ll only swap it all out if I accept less for the water pump and pay the independent engineer fee and pay more for the new machine.
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Parking eye claim form received ... help


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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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