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    • AV89
      Debt collectors chasing Italian speeding fine

      By AV89 · Posted

      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.
    • dx100uk
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By dx100uk · Posted

      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        
    • jasowter
      2 disabled people need help for Final Demand by DCBL for 5minutes overstay

      By jasowter · Posted

      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    
    • xtonehari
      Excel Parking operator pictures PCN Disabled Parking at Peel Centre Stockport

      By xtonehari · Posted

      Hi Dave, I had no updates on this PCN since my last post in July 2019.  I received no further communications from the parking company.  I changed my address in May 2022. Thanks, I will send a letter to Excel parking to inform about the change in the address. 
    • Hamz909
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By Hamz909 · Posted

      I have a BMW Advanced Car Eye 3 Pro - I think it's 50/50  In any case, none of the documents / photos sent in the SAR showed a ticket on the car. 

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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Advice against the police over false evidence!!

Lucky7even

By Lucky7even
in General Legal Issues

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Lucky7even

Lucky7even

Posted
Posted

In 2010, my local Council issued an ASBO against me because I had a dispute with a neighbour.

 

My barrister tried but in vain to raise in Court that the Council had failed to follow its own procedures when the asbo was applied for.

 

When Council's apply for an asbo they need to meet certain criteria which they failed to do so.

 

Before an asbo is issued, you are supposed to receive a verbal warning, then a written warning, then you are asked to sign behaviour contracts; I was never sent no warnings etc etc.

 

Does this make the asbo legal?

 

The asbo has since expired without me breaching it; need I say more!!

 

However the said neighbour prior to the asbo being issued, had been arrested for death threat which she denied of course, and before then I had also suffered threats of violence, and harassment.

 

I was repeatedly refused the right to make statements, and so was my partner.

 

I have also raised concern that some of the evidence used to obtain the asbo was not 100%; the complainant had lied on at least 4 statements, had lied during their section4a interview.

 

The police dont want to know.

 

I cost me £7000 to defend this joke of an asbo and I therefore want to seek if I can sue for damages.

 

Does anyone know of any good solicitor who can do this on a no win no fee basis.

 

Thanks!!

 

:mad2:

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Posted
Posted

Does anyone know of any good solicitor who can do this on a no win no fee basis.

 

i think that would be against CAG rules to promote a individual

you would do better doing a search of the local area or local directory

 

There may be better options available to you such as

 

Formal complaint to council then on to local government ombudsmen

As the ombudsman can award compensation

 

Good luck!

  • Haha 1

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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honeybee13

honeybee13

Posted
Posted

Hello there.

 

I'll move your thread from the Campaigns forum to the Local Authorities one, you may have some more comments.

 

Good call about not recommending lawyers, IHB :)

 

My best, HB

 

Edit: if the forum guys feel that this thread would be better moved to the legal forum at any point, please report it via the black triangle and let the site team know it needs moving.

Illegitimi non carborundum

 

 

 

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id6052

id6052

Posted
Posted

If you disagreed with the ASBO, I suspect you should have appealed the Court's decision at the time and tried to get it overturned.

 

If you have not done that, I doubt you would have much luck trying to pursue the matter 3 years later.

 

However I am no expert on this, and you may wish to consult a solicitor, but I seriously doubt it will get you anywhere.

If you have found my post useful, please click on the star at the bottom of my post and add some reputation points.

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assisted blonde

assisted blonde

Posted
Posted

TBH after all this time I would say its a non starter, a local no win no fee solicitor would only take the case if he thought there was a fair chance of winning. If you felt that strongly you should have appealed at the time.

If I have been of any help, please click on my star and let me know, thank you.

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disgruntled4

disgruntled4

Posted
Posted

Firstly, ignore assisted blonde, I think they get a kick out of writing people have no chance on their posts. They may feel it is helpful, but lucky7even i guess that is for you to decide not me.

 

If the council or the police did not follow procedures then you may have a case. After all, what is the point in having procedures if those responsible for looking after us choose not to follow them?

 

as for looking for a solicitor, i would start with your local CAB. In my experience they are pretty useless even on simple breach of contract matters with retailers. Start by looking for a solicitor in your local area on this website. (can't post links yet) type 'lawsociety' and 'find a solicitor' into google. there is no hard an fast rule, you will just need to call them and explain your situation, they will tell you if you have a case and £7000 should be enough for no win no fee.

 

is there anything else you haven't told us? why did your legal fees come to £7000 and still procedure wasn't followed?

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assisted blonde

assisted blonde

Posted
Posted

I dont advise people that they dont have a chance just for kicks, an opinion was asked for and I gave mine. My concern is what it can cost people in time, effort and money, of course the OP can and will decide for themself but there is a tendancy for a lot of people to want to sue for damages far too often. Yes of course there is law to protect any miscarriage of justice but as the OPs initial barrister struggled to get the court to say the council did not follow its own procedures after all this time I still say its a bit of a non starter.

Consult a solicitor and listen to what they say but be prepared to be told its not a case that a no win no fee solicitor may take, a solicitor that you pay will do exactly what you want them to( although they may advise you not to persue the case) and charge you royally for the priviledge.

If I have been of any help, please click on my star and let me know, thank you.

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  • 4 months later...
Lucky7even

Lucky7even

Posted
  • Author
Posted

In July 2010, I employed a solicitor (whom I knew quite well as I worked with her before), to defend me against an ASBO application by my local authority.

 

She failed to formally write to the local authority to object to the asbo.

 

She failed to put in a defence before the trial.

 

There was no meeeting with the barrister before the trial so that I was not able to raise what questions I wanted asked of the witneeses.

 

There was very little work done on the file to justify the horrendous £7000 I was charged.

 

Also they have lost some of the paperwork I submitted as a large number of BT telephone bills were missing, and photographs wer missing.

 

Does anyone think I have a claim for professional negligence??

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steampowered

steampowered

Posted
Posted

Difficult to say without more information to be honest. These things get much more difficult with time. Did you receive fee narratives showing what time was spent on your file, and why has it taken 3 years to get to this point?

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Ganymede

Ganymede

Posted
Posted
In July 2010, I employed a solicitor (whom I knew quite well as I worked with her before), to defend me against an ASBO application by my local authority.

 

She failed to formally write to the local authority to object to the asbo.

 

She failed to put in a defence before the trial.

 

There was no meeeting with the barrister before the trial so that I was not able to raise what questions I wanted asked of the witneeses.

 

There was very little work done on the file to justify the horrendous £7000 I was charged.

 

Also they have lost some of the paperwork I submitted as a large number of BT telephone bills were missing, and photographs wer missing.

 

Does anyone think I have a claim for professional negligence??

 

 

What was the nature of your retainer with them?

 

You need to provide a lot more information.

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Lucky7even

Lucky7even

Posted
  • Author
Posted
how much did you pay them or were you on legal aid.

again why have you waited 3 years.

 

They were paid £7K, and did extremely little work for the money they charged.

 

I am not legally minded and only recently realised that they were professionally negligent.

 

They have sent a copy of my file to a solicitor who will be reviewing it tomorrw; on the likelyhood of things I do have a claim due to the above reasons.

 

Apparently for professional negligent claims it can be worth up to £15K, depending on how serious the negligence was; as they failed to put in a defense I guess its quite serious.

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Ganymede

Ganymede

Posted
Posted
They were paid £7K, and did extremely little work for the money they charged.

 

I am not legally minded and only recently realised that they were professionally negligent.

 

They have sent a copy of my file to a solicitor who will be reviewing it tomorrw; on the likelyhood of things I do have a claim due to the above reasons.

 

Apparently for professional negligent claims it can be worth up to £15K, depending on how serious the negligence was; as they failed to put in a defense I guess its quite serious.

 

 

 

Did you personally pay them £7k?

 

Did you have a Defence to the ASBO?

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Lucky7even

Lucky7even

Posted
  • Author
Posted
Did you personally pay them £7k?

 

Did you have a Defence to the ASBO?

 

I certainly did indeed have a defence against the asbo.

 

I had a 320 page diary going back from 2004 until 2010 of the neighbours behaviour, she was arrested for death threats and lied in her interview which I can prove, I had 8 character references from different people to say I wasnt a problem, I had photographs, and bt itemised fone bills to disprove a large amount of evidence in the past 6 months they claimed I was shouting abuse.

 

The solicitor failed to put this evidnce in a defense bundle before court and I lost because the Council's solicitor said they did not put in a defense!!

 

They were paid £7K by a relative and I thought they were able to do the job correctly.

 

I am having a solicitor view the file of papers to see if I have a claim and will know by end of today.

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  • 1 month later...
Lucky7even

Lucky7even

Posted
  • Author
Posted

In 2010, In instructed a firm of solicitors to help defend me against an ASBO order (long story).

 

I am not legally minded, but I feel this solicitor has ripped me off.

 

They charged me an excessive bill for a whopping £7000.

 

In my eyes, they did **** all for what they charged; they failed to put in a defense before the court, they did not officially object to the asbo in writing, and they certainly did not object that the evidence was over 2 years old.

 

I wrote a letter to the senior person at the firm 2 weeks ago asking how they can justify charging me £7000 for basically doing sod all to my case.

 

The council told me I lost because there was no defense!!

 

I have not heard anything back considering it was a 2 page letter outlining why I am unhappy with how they treated me and the extorninate fees they charged for doing nothing on my case.

 

I have complained to the legal ombudsman over this matter, yet I need to give them 8 weeks; I doubt I will hear anything anyway as she has ignored the letter to date.

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Blinkin73

Blinkin73

Posted
Posted (edited)

Hi there,

 

You may have read my thread, if you have you will realise that I can feel your pain regarding this. I am utterly astnonshied how at how greedy and manipulative many lawyers seem to be and cant for the life of me understand how they can charge such high fees.

 

I know its frustrating but you have to give the firm 8 weeks to respond to your complaint before the Ombudsman will look it. If you are lucky the firm may offer to refund some of it.

 

Hopefully you still have copies of any letters etc they sent you. did they give you estimates for pieces of work? Did they inform you if they were going to go over these? Did the invoices list the work done? Did they actually do the work they charged you for?

 

Regarding the defence Im not clear what you mean by them not providing a defence. Did they actually not submit a thing to court regarding your defence or was the defence they submitted just not accepted by the Court. Or was no substantial defence put forward because of the particular facts of your case. What was your understanding of the defence that they would put forward? Are there a legal precedents regarding how recent evidence has to be?

 

Edit. I've just noted that you have previously posted on this and that you were going to waiting to hear from a solicitor about this in June. What were you told.

 

When was the solicitor paid? The Ombudsman have time limits regarding complaints and may have to justify why its taken you so long to complain about the matter

Edited by Blinkin73
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Lucky7even

Lucky7even

Posted
  • Author
Posted
Hi there,

 

You may have read my thread, if you have you will realise that I can feel your pain regarding this. I am utterly astnonshied how at how greedy and manipulative many lawyers seem to be and cant for the life of me understand how they can charge such high fees.

 

I know its frustrating but you have to give the firm 8 weeks to respond to your complaint before the Ombudsman will look it. If you are lucky the firm may offer to refund some of it.

 

Hopefully you still have copies of any letters etc they sent you. did they give you estimates for pieces of work? Did they inform you if they were going to go over these? Did the invoices list the work done? Did they actually do the work they charged you for?

 

Regarding the defence Im not clear what you mean by them not providing a defence. Did they actually not submit a thing to court regarding your defence or was the defence they submitted just not accepted by the Court. Or was no substantial defence put forward because of the particular facts of your case. What was your understanding of the defence that they would put forward? Are there a legal precedents regarding how recent evidence has to be?

 

Edit. I've just noted that you have previously posted on this and that you were going to waiting to hear from a solicitor about this in June. What were you told.

 

When was the solicitor paid? The Ombudsman have time limits regarding complaints and may have to justify why its taken you so long to complain about the matter

 

I thought I had paid the solicitor to do a job and they ultimately failed.

 

I have sent a lengthy letter of complaint 2 weeks ago to the firm, but as of yet they have ignored my letter.

 

There was no paper defense bundle put in place before the court; I had a 350 page diary of the neighbours behaviour, BT itemised fone bills which cleared me of key dates and times I was alleged to have shouted abuse, and photographic evidence.

 

The solicitor I employed did not submit all this evidence BEFORE going to court and have in fact lost some of the paperwork provided.

 

In my letter to the senior partner of the firm, I raised around 9 issues of contempt and I asked for a refund of the £7K that was paid.

 

There was an invoice, but there was no itemised invoice to show what was worked done. I know for a fact that little work was done on the file.

 

There was no justification of where £7K fees came from, only a invoice. I need to wait until mid September for a full and final response from the solicitors but I know the letter will be ignored.

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steampowered

steampowered

Posted
Posted

If you are worried about the letter being ignored, write another short letter to them asking them to confirm receipt of your original letter and when they expect to respond.

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