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    • please complete this:   and scan up bothsides of your NTK read upload carefully PDF only please!!   safe to ignore powerless DCA's they are not bailiffs  
    • yes ring the court and get it moved directions might stay the same though for fee/WS exchange mind.   dx   dx  
    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
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Hi just wanted a little bit of advice regarding bailiff laws for parking fines.

 

I have today received 2 letters from Collectica Enforcement Services relating to 2 parking fines received by my local council in March and April last year. The total amount owed is £190.88 (2 x £95.44). The letters state that as I have failed to pay the amounts outstanding for the contraventions they write to notify me that they have been instructed to commence immediate recovery procedures against me. It says that I am requested to make full payment within 7 days of this notice to prevent further recovery procedures commencing. if I fail to make payment bailiffs/agents will be instructed to attend your premises to instigate further recovery procedures. Additional charges will be incurred 8 days after the date of the notice.

 

With regards to these parking fines I received notices from the TEC late (because I had moved) and contacted them, they then passed it back to the council. I received notification from the council and then I responded online asking to pay by installments. I never heard anything else and if i am honest I just forgot all about them and had my memory jogged by these letters from Collectica!

 

I cannot afford to make payment in full. I could possibly make payments of £20 per month (£5 per week) so what do I do? On the back of the Collectica letter it says I can email them. My questions are:-

 

1) Are they just normal bailiffs i.e is this the same as credit card debt or are is this debt the one where they can get locksmiths etc?

 

2) I don't own anything of value.....I don't have a car, my sofa and TV are on HP therefore even if they did get in there is nothing of any value should I say this on my email?

 

3) Does anyone have any other suggestions as to what i say to them in this email?

 

Really can't face them turning up.

 

Any help much appreciated. Lucy

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They have sent the letters prior to visiting. Once they commence to visit the fees will rocket accordingly. Did the Council accept your Out of Times? The debt has now been to Court and a Warrant of Exeution will have been given to Collectica. The worst you can do when they call is to let them in - they cannot force entry unless they have gained peaceful entry previously. Although you have no car this will not stop them levying on random motor near to where you live. Even if they accept "instalments" they will probably want paying within 2 to 3 payments.


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They have sent the letters prior to visiting. Once they commence to visit the fees will rocket accordingly. Did the Council accept your Out of Times? The debt has now been to Court and a Warrant of Exeution will have been given to Collectica. The worst you can do when they call is to let them in - they cannot force entry unless they have gained peaceful entry previously. Although you have no car this will not stop them levying on random motor near to where you live. Even if they accept "instalments" they will probably want paying within 2 to 3 payments.

 

It was the TEC that I replied to and they informed the council who then wrote to me at my correct address. I filled out an online form asking to pay by installments but never heard anything further and like I say it just went to the back of my mind until now.

 

What would your advice be? Obviously I don't want them coming and adding extortionate fees on, I want to deal with it as quickly as possible but cannot pay the full amount. I know it's not a large debt but we only have 2 part-time wages coming in (but we earn too much to get help with HB etc) and we have an AOE on my husbands wage for council tax each week so that eats up quite a bit.

 

P.S. they haven't been before (this is the first I have heard from them) and I wouldn't let them in but I had dealings with Collectica 18 months ago for a court fee and some bad advice from the warrants officer. It was sorted in the end but the bailiff was very rude and aggresive and obviously because that was a magistrates court fine he was threatening locksmiths and all sorts.

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It would appear that it was reissued to your present address. You need to find out the date that is on the actual Warrant as they only have a life of 12 months.

 

Unfortunately the only way to prevent the Bailiff turning up is to pay in full. If you look at the letters you have received you may find they were "written" some days ago and only give say 7 days in which to sort this, it could be the time is up tomorrow or at the weekend.


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When the ticket was reissued it should have been at the original amount (£60 or £80) etc. Was this the case?

 

The debt is a civil one and does not allow for any right to force entry. If you do allow a bailiff into your home then this is your choice but is NOT to be recommended !!

 

Thankfully you do not have a car and accordingly the bailiff will have to rely upon you either making a voluntary payment or being allowed to come into your home to take goods (not to be recommended).

 

Unlike the majority of people, for this particular purpose, you are fortunate in that you do not have a car. I would therefore suggest that you write to the company to offer an affordable payment plan (at a rate that you can comfortably afford) and that this be sent by email.

 

I would also suggest in your email that you state that you no longer have a vehicle and that due to financial difficulties you will not be allowing the bailiff into your property because to do so will incur you in additional fees that you would be unable to afford.

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At first glance the amounts do not add up. As per tomtubby how much was each PCN originally ? This could be a case of the bailiff company doing a DCA job.

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At first glance the amounts do not add up. As per tomtubby how much was each PCN originally ? This could be a case of the bailiff company doing a DCA job.

 

I cannot remember and can't find any paperwork relating to it. It just says they have 2 accounts of £95.44

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It would appear that it was reissued to your present address. You need to find out the date that is on the actual Warrant as they only have a life of 12 months.

 

Unfortunately the only way to prevent the Bailiff turning up is to pay in full. If you look at the letters you have received you may find they were "written" some days ago and only give say 7 days in which to sort this, it could be the time is up tomorrow or at the weekend.

 

Who do I ask about the warrant? Collectica or the council?

 

Yes you are correct the letters were dated 23 January (how lovely eh?).

 

Right I shall email them now. Is there anything else that i should tell them other than the fact that I don't own a car? Like the fact that my sofa and TV are on HP?

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I have emailed collectica and received an automated response saying they will contact me within 7-10 days. I have offered to pay them £20 per week from next Wednesday and I will make the payment on Wednesday regardless of hearing from them.

 

If they do turn up they won't be getting in my house (they may not even enter my garden). I have 6ft fences / gate with a "I live here" dog sign on the gate. If they ring the bell on the gate I shall just let the dogs into the garden.

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UPDATE

 

Just received an email back from Collectica and they have accepted me paying by installments. £20 to be paid by 11/01/14 and then £15 every 7 days until the balance is cleared (no fees added). They just said that if I break the agreement they would visit and add fees on :-)

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Yet again your response is confirmation that writing to a enforcement company can provide the desired effect. Well done. An excellent outcome.

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