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    • Forgot to add, got friends in Italy, and one of them rang the Police where the fine came from, and her reply was “Tell your friend it’s not a big deal, it’s only a speeding fine we’re not going to chase him, tell him in future to take his foot off the gas, however it he returns to a Italy and gets control checked, he would be held until the fine is paid”  A bit odd I thought, considering I am being chased now.
    • I've read loads of old messages about what to do but feel my case is different, it's a bit of a back story so ill break it down. - Had a letter from an Italian province in July of 2020 for a speeding offence in 2019 for 575 euros, was in a hire car I used for work, no longer work for them and heard nothing from either. - Thought blimey, but went to pay it anyway, it had doubled to over 1100 euros, yeah I can't afford paying that, filled out the attached information sheet to say it was me driving but I have no money or job due to COVID (true story) and sent it back (durrrr) - Heard nothing until December of 2023, a letter from an appointed solicitor from Florence saying if I don't pay, we will chase you through the legal system with costs beared to you. - May of this year, I get a letter from CLI (Credit Limits International) basically saying they have been appointed to carry out the collection, £1475. - Stupidly, I started the 'three letter process' asking for proof etc, and they replied a few days ago with a copy of the fines I had received from Italy, they stated the debt has no terms and conditions as it relates to a fine in Italy and the debt is not subject to the Consumer Credit agreement. I translate that to "at the moment we don't own the debt and have been given authority from Italy to pursue the debt". That is where I am currently at, I would begrudge giving in and paying an obscene amount. As seen from similar threads, I know a threat of a visit is coming, followed by a threat of court action, but annoyingly it hasn't been mentioned how these cases were concluded and the threads are now locked. I've read to ignore them, but can't help but feel that because it's such a substantial amount that they will feel it's worthy of pursuing this no matter the hoops they have to jump through. Along with admitting it was me driving and opening the can of worms by contacting the DCA, it wouldn't look good for me should it ever get to a courtroom.  Has anyone with previous experience managed to 'get away with it'? Anyone know what they're capable of other than nagging me? I'm not after any moral judgment.
    • take the SD card out and put on a pc/laptop then run recuva on it in  select videos only option select specific location hit browse then select drive letter of the SD card. then next  then deep scan then go have a cup of tea..  when done dont recover the all files back to the card select a new folder on your pc/laptop        
    • hi all, i will list my curmcumstance first then list the details of the penalty charge - we are 2 diabled people being affected by the cost of living crisis and are skint etc. i am disabled with mobility issues(arthritis in knees and ankles and gout) and cant operate car pedals anymore so i let a friend up the road use my car in exchange for her driving me about. its a good arrangement as i get a 'chauffer' and she gets the use of car. the car is parked in her drive which is better as i was refused a disabled space (even on appeal) and too much congestion to park the car outside my house. my friend is vulnerable as she has suffered depression and suicidal thoughts since the loss of her mother a few years back, she is dyslexic, she is a carer for one of her sons that is disabled due to mental illness and mobility. she lives in a council house and cannot work. we went to iceland ..attracted by the 10items for £10 offer - we've never been there before. a large artic lorry was parked accross the car park blocking the view of one of the parking signs and blocking the disabled bays where the pay&display machine is. by the time she helped me out of the car and then went to see if it was pay&display then came back to me at the car she said she thinks it was pay even for disabled, so we looked for change in the car which we didnt have (she normally goes asda which dont need to pay for parking)so then we said we'd either go get change or go to asda...so then by the time it took her to help me back in and get out the car park took 15 minutes...5 minutes overstay past the 10minutes grace. the letter from excel parking came through and i sent it back giving her name as driver (before i saw on here that you shouldnt name the driver) then i appealed explaining what happened (lorry blocking etc) and even said we were being descriminated (advised by citizen advice)as we are disabled and 15minutes is not long enough for a crippled disabled man and a woman with dyslexia to read and understandd the sign and get out, then back in the car and look for change then get out the car park in 15minutes. i even explained she was a vulnerable person on anti-depressants and even sent a photo of medication and said if you need a doctors note then let me know....the appeal was rejected. i've emailed iceland over 50 times and they just wont tell excel to cancel this charge - they are ignorant and ive even asked them why they have a webpage saying 'iceland combatting the cost of living crisis' pretending to help their customers and they wont comment...they'd rather put more stress and anxiety on an already suicidal vulnerable person just to get money out of them..so their 'help' during this crisis is a lie as it wont even extend to disabled customers. she has now received 2 letters from DCBL saying she owes £170 for 5minutes of overstay. the last one is a final demand. as she cant read or write very well ive sent a recorded letter to DCBL (as advised by citizen advice) asking not to attend the property due to a vulnerable woman inside the property as it will only exasperate the situation, they have ignored it and basically said we dont care, you still owe. could anyone please advise - we are not very good with letters or these situations and are slow on the uptake.   1 The date of infringement? 28th dec 2023   2 Have you yet appealed to the parking company yet? [Y/N?] yes   If you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]cant do that - will have to get my son to do it when he visits   Has there been a response? yes   Please AS A PDF FILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]cant do that - will have to get my son to do it when he visits   If you haven't appealed yet - .........DONT ! seek advice on your topic first.   Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] yes   What date is on it? 15th january 2024   Did the NTK provide photographic evidence? yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'scant do that - will have to get my son to do it when he visits   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] not on the front - maybe on the back but cannot find the letter now   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] yes   5 Who is the parking company? excel   6. Where exactly [Carpark name and town] did you park? gravesend in iceland    
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LPA Receivers taken over my properties with no court order & no agreement from me.


Stevlynd
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Admin if you have to merge my posts pease can this be the main one as it has a more relevant title to my problem.

 

LPA Receivers have taken over my properties with no court order & no agreement from me.

2 of the properties are empty & the receivers are doing nothing about it, how would I stand if I were to go ahead & let the properties with full knowlege of the problem to the tennants?

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Admin if you have to merge my posts pease can this be the main one as it has a more relevant title to my problem.

 

LPA Receivers have taken over my properties with no court order & no agreement from me.

2 of the properties are empty & the receivers are doing nothing about it, how would I stand if I were to go ahead & let the properties with full knowlege of the problem to the tennants?

Okay,if it was me I would re let the properties.

 

Open another bank account and have the rents paid into it.

 

Work out how much roughly your quarterly payments were and get that March one paid Pronto.

 

When, if this goes to a court the judge will note that you have tried not to fall into arrears but the bank pushed you into arrears,banks fault being totally unreasonable.

 

If they the receivers have changed the locks on the empty properties,INFORM THE POLICE,these properties are still in your name,get a locksmith to change the locks back.

 

Send a bill to the bank for changing the locks back.

 

l You've got two months before the June payment if you can make it your back in control.

 

If you make to there you can start to negotiate,I don't know all the fact's but I would be getting the other tenants in the properties that are let to pay there rents into your new

Bank account REMEMBER there A.S T,s are with you not the bank or the receivers if they don't agree serve them notice's to quit.

 

GOOD LUCK.

 

 

I'll ask over the road if they can log on to here and help you but some are banned.

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Are the the LPA receivers acting for the lender

 

They cannot act in their capacity highlighted unless they have the authority of the court ( Ultra vires )

The properties are still yours unless a court has put any restrictions on the properties

 

You need to be asking why they have taken possession without any authority of the court

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Are we talking bankruptcy here ?

No I am not bankrupt & have never missed a payment or been late or short with a payment. Lpa receivers took over 27th feb & as they told the tenants not to pay their rent because they hadn't opened a bank account for it to go into marches payment was missed.

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Are the the LPA receivers acting for the lender

 

They cannot act in their capacity highlighted unless they have the authority of the court ( Ultra vires )

The properties are still yours unless a court has put any restrictions on the properties

 

You need to be asking why they have taken possession without any authority of the court

Hi Squaddie,the OP has another thread going but its all over the place but you should get the just of what's going on if you read it.
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Are the the LPA receivers acting for the lender

 

They cannot act in their capacity highlighted unless they have the authority of the court ( Ultra vires )

The properties are still yours unless a court has put any restrictions on the properties

 

You need to be asking why they have taken possession without any authority of the court

 

This was initially a 5 year deal which i was assured would be renewed. I then took out further loans over 15 years. The banks went belly up & said sorry we lied we want our money back & if you try to pay the 5 year loans we will probably choose to pay them off the 15 year ones. The loan agreement says they can do pretty much as they like, including putting the properties in the hands of the LPA receivers. After asking a million questions before i signed I was assured nothing like this would happen as long as I made the repayments.

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Are the the LPA receivers acting for the lender

 

They cannot act in their capacity highlighted unless they have the authority of the court ( Ultra vires )

The properties are still yours unless a court has put any restrictions on the properties

 

You need to be asking why they have taken possession without any authority of the court

Sorry missed the bit about who they are acting for. They have told my tenants they are my agents. I have sent a SARs to them to see if I can find anything that looks although they are acting for the bank in any way but obviously this all takes time.x

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Hi Squaddie,the OP has another thread going but its all over the place but you should get the just of what's going on if you read it.

 

Sorry for the messy threads but am new to all this & my heads a bit of a shed. Thanks to you guys am learning very quickly though.

I could post the letter I sent to my Mp as it pretty much covers everything although as you can imagine it is many pages long. Lol

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It does not matter what is put into a contract if it is in contravention of established common/case law

 

as long as you are the legal owner, with or without any security/mortgage

 

which this is

 

only a court can take back a property

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It does not matter what is put into a contract if it is in contravention of established common/case law

 

as long as you are the legal owner, with or without any security/mortgage

 

which this is

 

only a court can take back a property

Thanks for that squaddie. Am beginning to feel better already.

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Looking at that link, i have noticed it is three years old. Since then we have had the meltdown in the banking sector

 

Thing to watch is:

 

Has their been any change in statutory provision or established case law to either support, or negate the situation in 2010 in regards to the established practice by some lenders

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It does not matter what is put into a contract if it is in contravention of established common/case law

 

as long as you are the legal owner, with or without any security/mortgage

 

which this is

 

only a court can take back a property

Just another point would a court take the properties back or would they make us get round a table & sort the whole mess out?

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The court in any dispute will offer mediation before any sort of difference of opinion was placed before a judge

 

Thanks for that squaddie. I already feel as though a 10 tonne weight has been lifted. Have put the word out that I have properties to let & have already had some interest. Just need to find a tenant with some guts who will be able to stand up to any threats from the receivers.

Edited by Stevlynd
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Thanks for that squad die. I already feel as though a 10 tonne weight has been lifted. Have put the word out that I have properties to let & have already had some interest. Just need to find a tenant with some guts who will be able to stand up to any threats from the receivers.
You don't really want to tell the new tenants anything about any dispute,its not there business,when you start taking control the receivers will probably back of, someone at the bank is trying to frighten you ,.they the BANK are acting illegally.

 

You are going to have to start to stand up for yourself,the bank will try every dirty trick in the book to bully you and intimidate you,you as a tax payer have an 82% stake in this bank.

 

You've got a long way to go so get going and ask as many questions on here and other places these people will help you.

 

Don't be BULLIED.

.

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You don't really want to tell the new tenants anything about any dispute,its not there business,when you start taking control the receivers will probably back of, someone at the bank is trying to frighten you ,.they the BANK are acting illegally.

 

You are going to have to start to stand up for yourself,the bank will try every dirty trick in the book to bully you and intimidate you,you as a tax payer have an 82% stake in this bank.

 

You've got a long way to go so get going and ask as many questions on here and other places these people will help you.

 

Don't be BULLIED.

.

Thanks streetwise feel like we've been fighting alone since the end of February when they took them. Have seen a couple of solicitors but don't have any faith in them. now feel as though I have a whole army behind me. I certainly wont be bullied now i know where i stand. Am wondering though how I would stand putting tenants in without them being fully aware of the situation with the bank as if this goes to court quickly & they're evicted the may have a case to sue me for damages.

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Thanks streetwise feel like we've been fighting alone since the end of February when they took them. Have seen a couple of solicitors but don't have any faith in them. now feel as though I have a whole army behind me. I certainly wont be bullied now i know where i stand. Am wondering though how I would stand putting tenants in without them being fully aware of the situation with the bank as if this goes to court quickly & they're evicted the may have a case to sue me for damages.
You are a long way from court unless there is something you have not told us.

 

When the new tenants sign A.S.T.s they will have rights and the bank won't be able to just throw them out.

 

These properties are yours.

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You are a long way from court unless there is something you have not told us.

 

When the new tenants sign A.S.T.s they will have rights and the bank won't be able to just throw them out.

 

These properties are yours.

 

Lol no I don't think there is anything that I know of that I have not told you but as the tenancy date will be after the date they said they are taking over them and as the bank seem to think they owe them does that not make a difference? Also should I do the assured shorthold tenancy for 5 years, I know you can do them for up to 7 years?

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Lol no I don't think there is anything that I know of that I have not told you but as the tenancy date will be after the date they said they are taking over them and as the bank seem to think they owe them does that not make a difference? Also should I do the assured shorthold tenancy for 5 years, I know you can do them for up to 7 years?
What do you think.??? I see you've managed to post over the road. Edited by Streetwise
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What do you think.??? I see you've managed to post over the road.

Well I will go with my gut instinct & if I feel they are the right tenants I will do it for 5 years. Ok so now I know what over the road means thanks for that. I searched a different term & they were the 1st to come up. Thanks for all your help. Streetwise.

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It does not matter what is put into a contract if it is in contravention of established common/case law

 

as long as you are the legal owner, with or without any security/mortgage

 

which this is

 

only a court can take back a property

Sorry missed this post. Have done a land registry search & my name is over the doors so to speak.

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  • 6 months later...
Sorry missed this post. Have done a land registry search & my name is over the doors so to speak.

 

Hi Stevylynd

Have you got any update on the situation,I find myself with exactly the same as yourself down to the 5year deal agreement which was confirmed would be extended then due to the BANK CRISIS

A formal demand for repayment with zero possibility of refinance and now lpa agents appointed ( I also have no arrears and all payments met)

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