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    • Hi everyone, Thanks for the responses. Just a few follow up questions in light of what's been said:   If I dont appeal to PPM, who can I appeal to?   Why should the PCN been attached to the windscreen? Is this written in law?   I assumed the document I had received was the NTK, if this is not the case, what does a NTK look like?   Regarding the compliance with the Protection of Freedoms Act, could the "period" of parking not be argued either way? The legislation doesnt state it must have a start/end time of parking, which I assumed an ANPR camera would pick up if it had one. Is 4 minutes not technically enough to show the vehicle was parked?    Thanks !
    • I see jenrick has stuck his head up with them, and I'm sure this wont faze their nasty rhetoric one wit-less UK growth since 2010 has been lacklustre and largely driven by immigration, says report UK growth since 2010 has been lacklustre and largely driven by immigration, says report | Economic growth (GDP) | The Guardian WWW.THEGUARDIAN.COM Resolution Foundation report suggests parties are dodging the economic challenges facing the country   Net migration is more than two and a half times the 2010 figure despite a string of Tory pledges to reduce it Immigration: how 14 years of Tory rule have changed Britain – in charts | General election 2024 | The Guardian WWW.THEGUARDIAN.COM Net migration is more than two and a half times the 2010 figure despite a string of Tory pledges to reduce it    
    • Will get them done asap My job changes week to week so at the time I didn’t know. 
    • You will probably get a couple more reminders followed by further demands fro unregulated debt collectors with even increasing amounts to pay. They are all designed to scare you into paying.  Don't. It's a scam site and they do not know who was driving and they know the keeper is not liable to pay the PCN. Also the shop was closed so they have no legitimate interest in keeping the car park clear. So to charge £100 is a penalty as there is no legitimate interest which means that the case would be thrown out if it went to Court.  Keep your money in your wallet and be prepared to ignore all their letters and threats. Doubtful they would go to Court since a lot more people would not pay when they heard  MET lost in Court. However they may just send you a Letter of Claim to test your resolve.  If yoy get one of those, come back to us and we will advise a snotty letter to send them.  You probably already have, but take a look through some of our past Met PCNs to see how they are doing.
    • Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
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ccj from hegarty and welcome financial


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Particulars of Claim :-

 

The claimaint claims for sums due under a/various credit agreements(S) regulated by the consumer credit act 1974 entered into between the claimant and the defendant.

The defendant failed to pay the contractual instalments in compliance with the terms of the agreement(s).

The claimant complied with section III and IV and annex B of the pd pre-action conduct.

 

and the claimant claims:

hire purchase account:

balance of as of 6/3/10 xxxxxx interest under s 69 of the county court act 1984 at the rate of 8% a year from 6/3/10 to 1/8/13 of £956.60 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 3.08 and cost.

 

 

#####Defence#####

 

 

1 The Claimant's claim was issued on (date).

 

2 Last payment made to this account £ xx dated 26th July 2007 with no further acknowledgement since.

 

3 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

4 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

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  • 1 month later...

hi andy/dx or anyone that can help

 

just a update I have had a letter back from ind ltd stating that they have written to the court and wish to proceed to a trial , in the meantime I updated my credit file to find that welcome finance are reporting my current balance including the county court interest and solicitors fees as well are they aloud to do this as surely the judgement has yet to be heard in court ?

 

any help please guys

 

regards

 

Michael

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They can report it...just shows what type of company they are...however as you state that debt is yet to be proven so when we get to the DQ stage we will then throw in false credit reporting...inflation of debt ...inflation of assets.....false accounting

Im sure I can think of a few more by the time it/if arrives.:wink:

 

Andy

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you are the 2nd this week to report that about welcome already adding the non judged court 8% int to the cra file

 

dx

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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hi andy /dx

 

many thanks for all the help so far

 

I have today just received the directions questionnaire ( form N181) from the court

just wondering how to go about this form and going for the kill as am really fed up with these idiots now

 

kind regards

 

michael

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We could do with some help from you.

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Its deemed civil to serve a copy on the claimant and visa versa.

We could do with some help from you.

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hi andy

 

as you can probably tell ive never had to do anything like this before

 

when I send the court and ind ltd the n181 form do I have to send any evidence or statements or anything or just the form for now

 

many thanks with all the help so far

 

kind regards

 

michael

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No you only serve a copy of the DQ michael...you can hold on with the claimants copy until the death and wait to see if they serve a copy on you first.

We could do with some help from you.

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hi andy

 

on my DQ in the space any other information for the judge can I add the information in post #55

inflation of debt etc...

 

and also after checking my credit files again I have noticed that my last payment was made in the july 07 but welcome finance didn't default the account until December 2008 is this aloud ? they just kept putting in 1,2,3,4,3,2,1, missed payments surely this is mis leading aswell

 

kind regards

 

michael

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No...you retain that for your Witness Statement...the DQ is not further opportunity to extend a defence.

We could do with some help from you.

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In general default markers should be placed at latest 3 months after default there is no exact timing by law but check out the ICO website for guidance.

 

http://www.ico.org.uk/~/media/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

 

Look as this is Welcome you can expect everything to be wrong...but the above is a side issue to defending this claim... but you can raise it at the appropriate time.

We could do with some help from you.

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  • 5 weeks later...

hi andy / dx / anybody who can help

 

I have now progressed with this issue

 

welcome missed the original date to reply with the dx form and they were then sent a order from the court in which they received another 7 days to get the dx form returned and of course this being welcome they have now returned the dx form and also a change of solicitor form as well

 

is there anyway that I can contest welcome getting another 7 days to return the dx as I think its a bit unfair because they clearly missed the date by a long time ?

 

and also they have wiped the records with Experian and call credit cra so clearly trying to hide evidence but ive already printed what I needed

and with Equifax the record now shows no finance company to who the file is with .

 

is this it defo going to court ?

 

please help

 

kind regards

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hi andy / dx / anybody who can help

 

I have now progressed with this issue

 

welcome missed the original date to reply with the dx form and they were then sent a order from the court in which they received another 7 days to get the dx form returned and of course this being welcome they have now returned the dx form and also a change of solicitor form as well

 

is there anyway that I can contest welcome getting another 7 days to return the dx as I think its a bit unfair because they clearly missed the date by a long time ? Afraid not its at the courts discretion

 

and also they have wiped the records with Experian and call credit cra so clearly trying to hide evidence but ive already printed what I needed

and with Equifax the record now shows no finance company to who the file is with .

 

is this it defo going to court ? Its proceeding that way but a claim can be pulled anytime up to the day before trial date so see what transpires

 

please help

 

kind regards

 

Regards

 

Andy

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

 

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Hi

 

Am I right in thinking and believing that a credit agreement has to be dated by the customer to be enforceable ? No

 

Please help guys

 

Kind regards

 

Michael

 

hi andy

 

after a lot of reading tonight am I right in understanding that if a creditor did not issue a default notice for the correct default date the debt is unenforceable under section 127 and section 111 of the consumer credit act 1974

 

regards michael Can you clarify what you mean by "for the correct default date "?

 

 

Regards

 

Andy

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

 

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Hi Andy

 

My credit file showed a default date of 16-12-2008

Which has now been wiped off . trying to cover up evidence I presume

 

And welcome,Ind ltd have my default date as 06-03-2010

Which is stated 'letter' on my welcome statement and nothing is stated for the 08 date

 

 

Does this change anything ?

 

Kind regards

 

Michael

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