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    • Hi Shelley and hope you're ok 🙋‍♂️   Is the respondant an individual, a business, a Ltd Co, etc ? This info may help others advise on how best to enforce the Tribunal award.   Interest  -  it's the award amount of 2,500 times 8% divided by 365 which gives you the daily interest amount, times the number of days.   Or 2,500 x 0.08/365 = interest per day = 55p per day   Or use the factor of 0.00022 to give the same result for the daily rate of interest to add. 2,500 x 0.00022 = 55p per day.
    • receipt converted to PDF and added to last post      
    • Well I really don't know where to begin with this. I've spent hours trying to figure out what to put but it seems that every witness statement is different depending on the exact circumstances. I know that I shouldn't put all my cards on the table but I don't know which ones to hold back and which ones to get rid of altogether.   This is what I have so far...   I, XXX of XXX am the Defendant in this case. I make this statement in support of my defence again the Claimant, Civil Enforcement Ltd.   1.       CEL make it impossible for defendants to discuss PCNs with them or their representatives:              A.       On the 26th Nov 2018 I received an unexpected PCN from CEL. I immediately went onto their “Contact Us” page, which stated that operators are available to speak to during normal working hours (see appendix 1 - THIS IS JUST A COPY OF THEIR CONTACT US PAGE). I tried calling numerous times to discuss the matter but regardless of what time of day I called there was no option to speak to an operator, only an automated system to pay.              B.       When I received a debt collection notice from ZZPS (see appendix 2 - COPY OF LETTER) the letter instructed me to call them on 01932918916.                      14th Mar 2019 - I tried calling several times and have a call recording I can play for the court to show that it was impossible to speak to anyone. Instead I was played the following automated message: “The party’s call minder belonging to 01473478289 is full and can’t accept any more messages. Please try again later. Goodbye.” The call then hangs up.                     19th Mar 2019 - I tried again at several times throughout the day and this time a message played thanking me for calling ZZPS and asked me to hold. It then rang for 2 minutes before repeating the same message. This happened over and over again. I have two recording that I can play for the court showing this to be true, one that lasted 9 minutes and the other for 10 minutes before each time giving up.            It appears that there is some unreliable call routing in place meaning that I had no way of contacting CEL or ZZPS as they both advise.   2.       CEL failed to produce any of the documentation I requested in writing, which obstructed me from making a decision on how to proceed with this case:             A.       On the 3rd Dec 2018 I completed CEL’s online Appeals Form (see appendix 3 for a saved copy of the submitted form - ATTACHED TO THIS POST). CEL responded (see appendix 4) but failed to answer any question, stating that GDPR prevented them from doing so.             B.       On the 14th Aug 2019 I sent them a CPR 31.14 Request letter (see appendix 5). CEL did not respond.   3.       According to Schedule 3, Part 1, Class 13 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007, only signage older than 10 years is deemed as having consent granted.   CEL has changed its signage 3 times within the last 10 years, which can be clearly seen from Google Street mapping images:            A.       2018 – Present: Signage stating 1hr free parking (appendix 6a)            B.       2012 – 2017: Signage stating 3hr free parking (appendix 6b)            C.       2008 – 2012: Signage stating 2hr free parking (appendix 6c)   CEL’s current signage was installed at some point during 2018 but according to Stockport Council’s online planning applications search system no planning permission was granted. I believe the signage has therefore been erected illegally, which makes it impossible to enter into a contract with them.   4.       CEL has also added legal costs to their claim, which is not recoverable within the Small Claims Court.   I believe that the following facts stated in this Witness Statement are true.   Have I made a complete balls-up of this or am I going in the right direction? I thought it might work in my favour if I try to show the judge that I made every reasonable effort to resolve this without going to court but CEL purposely make appeals as difficult as possible. Perhaps none of that matters. Not sure. 🤔 Appeal Text.pdf
    • This will be ok for you to offer the final 1 month's fee you should have paid :-   Dear Harlands,   I refer to my membership at [town/city] gym.   The DD mandate was cancelled after the June 2019 payment was made and this was notice of my intent to cancel the gym membership.   I now realise I should have left the DD Mandate open to pay a final month's fee for the notice period.   Please confirm your bank payment details and a reference so I can pay you the £xx.xx to end this matter. I will not pay any admin fees added by Harlands. I will only deal with this matter in writing, not by phone.   My offer is valid for 14 days only and will be withdrawn if you demand any higher amount.   Yours sincerely,
    • seems like your payment issue is not just your error      
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Hi, I had arranged a repayment plan with WDA. However, I was paid late and missed the deadline.

 

I contacted them telling them this and that I fully intend to make the next payment as planned and carry on with the plan.

 

They sent me a statement and they had in the meantime added £300 to my account!

 

I replied saying I will now not continue with the plan until the balance is reverted to what we agreed in the payment plan!

 

They didn't reply. And today is payday and they have somehow without my knowledge or agreement have set up a direct debit and taken money out of my account - for the agreed sum, but I don't want to pay them anything until I can confirm that the balance is what it was originally!

 

Is it too late to get this payment reversed back into my account?

 

What should I do next?

 

WDA aren't responding.

 

I had 2 months ago banned them from taking money out of my account with my bank but obviously this must have expired!

 

Any help would be great]

 

Thanks

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Call your bank and do a direct debit reversal. Under the direct debit guarantee.

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Also, ignore the £300. Its an unenforceable charge. As for expiry on telling them they cant debit... thats the first ive ever heard of it. It lasts until you tell them they can.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks.

 

Do I call the fraud department?

 

Or should I call the visa card department? (The one I called to block them in the first instance)

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Just contact your bank and invoke the DD guarantee as the DD was TOTALLY set up without your knowledge or authorisation. You could get teh fraud department involved as well.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks man, I might just go inside the bank tomorrow rather than on the phone.

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Make sure to speak to the manager and not the desk rep. get everything confirmed in writing before you leave.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Will do.

 

How do I proceed with WDA? I wanted to make the payment today anyway. But only paying against the total sum I actually owed not with the £300 added!

 

And we also agreed I paid by standing order not just robbing my account.

 

How can I get this sorted?

 

do I just pay them? or do I need written confirmation that this extra £300 isn't going to charged permanently to me?

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You stick with what you are already doing. Get the money refunded, ignore the bogus charges, and when the money is back in your account, get a full complaint going.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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A complaint to them or the omburdsmen?

 

And how to continue actually repaying the debt once the money is refunded?

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Complaint to the lender. Ombudsman wont get involved until the lender issues a final response. They also shouldnt sell it on while a dispute is ongoing. If they do, you can get it sent straight back.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Just state clearly what they have done wrong, why you are maing the complaint and what they can do to rectify/resolve the complaint. keep it short and simple. There are no templates as each complaint is unique. If you need help, post up a version of your letter and we can help with it.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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