Jump to content


  • Tweets

  • Posts

    • Hi all!   Thank you in advance for any help you can give me!!    I parked up (at 18:08) in a rush, entered my Reg and paid for an hour of parking. At 18:20 I got a ticket for not paying for parking.    I've just looked at my receipt and noticed why ... I put "22" instead of "21"  when i put in my Reg. yes... what a stupid mistake.    I seem to remember there being a court case or a rule change about entering the wrong reg but the company wasn't at a loss because i had paid for the parking just technically for the wrong car. Am i making that up?    Any advice would be gratefully received, even some key points i have to hit when doing the appeal      
    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
    • Well, they trashed their last election manifesto pledges, so nothing new really is it? They just find weasel words to try to claim they haven't actually failed if you just look at it just a little squinted and in this particular way  - and are stupid.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

Lloyds/SCM claim form - Loan - settled by N9a - sold to Link


bold
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2316 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 152
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

already answered :)

 

Lloyds told you to ignore them.

we're suggesting can ignore them.

 

you have a formal payment agreement in place with lloyds.

 

lesscroft prob just want more in their pot.

 

they are not the 'owner' so cant do anything.

if it gets tricky, formal complaints.

 

but, if it is of concern, then write to them.

Link to post
Share on other sites

  • 2 years later...

hi,

I have had a loan with Lloyds tsb for £2800.

couldn't keep up with payment

got ccj and agreed to pay £1 p.m.

 

I have been paying that amount since April 2014.

my payment book finished and asked for another and was told it will be in post.

it never arrived and I missed two payment.

 

now I have received a letter from Kearns solicitors saying ;

we act on behalf of the claimant in this matter,

if the outstanding payment is not paid then the warrant of control will take place;

 

I went to pay the bank the outstanding payment in a panic and explained the situation,

they told me they couldn't take the payment.

 

after looking at the letter they told me that I would have to ring them and make arrangement regarding the payment.

 

do you think I should do as they said.

 

thanks you.

Link to post
Share on other sites

hi,

sorry I have posted this on a new thread ,

I have received a letterlink3.gif from Kearns solicitors saying ;

 

we act on behalf of the claimant in this matter,

if the outstanding payment is not paid then the warrant of control will take place;

 

i have missed 2 payment because they didn't send me the paying book,

 

I went to pay the bank the outstanding payment in a panic and explained the situation and showed them the letter and they told me they couldn't take the payment and that I would have to ring them, and make arrangement regarding the payment.

 

do you think I should do as they said.

 

thanks you.

Link to post
Share on other sites

at what stage is this

ccj -> court instalment order-> missed payments on the order?

(no actual application yet made for enforcement)

it seems though you'll need to make up the missed payments

Link to post
Share on other sites

what are link/kearns doing with this

has the CCJ been sold to them by Lloyds

they were not the claimant!!

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... 

Link to post
Share on other sites

ok ford, thanks for the reply, I will do straight away,

tell the thread more details first,

where are you with this, whats happened since the ccj

is there a suspended warrant in place?

Link to post
Share on other sites

sorry dx100uk, shall I pay or not.

 

ok, I have been paying regularly since the last 2 payment's which I missed, I don't know if the dept has been sold or not as far as am aware.

Link to post
Share on other sites

this is your LLoyds CCJ yes?

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... 

Link to post
Share on other sites

ok, I have been paying regularly since the last 2 payment's which I missed, I don't know if the dept has been sold or not as far as am aware.

who have you been paying, £1/mth?

Link to post
Share on other sites

ps

who is the judgment holder under the inst order.

seems then thewre isn't any suspension of warrant in place, and no applications have been made for a warrant.?

if you want to, just pay £3 odd to whomever is entitled under the judgment/inst order (assuming there hasn't been any formal change of)

Link to post
Share on other sites

so why are you getting letters etc from kearns

have you have notice of assignment that the debt/CCJ was sold to them by LLOyds?

 

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... 

Link to post
Share on other sites

sorry for late reply. that's something I cant remember, as I had been paying them and they never said anything and did take the payments.

 

I cant remember the dept been sold as I have been paying them by paying book and never said anything until the book expired.

Link to post
Share on other sites

well without a notice of assignment they legally cant demand anything from you.

 

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... 

Link to post
Share on other sites

thanks dx100.

how will I know if they have a notice of assignment .

the letter I got was send recorded delivery from kearn solicitors.

I still haven't paid.

shall I send them a cca.

Link to post
Share on other sites

have you all the letters from kearns

was this only one you got

can you scan them up?

 

read upload use one multipage PDF please

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... 

Link to post
Share on other sites

something not right here

you would of had loads of letters prior to this one.

inc notice of assignment, one from link and one from Lloyds

 

not moved have you in recent times?

 

ah just re read your block of text post 133

they say we act for the claimant...

 

very rare for kearns to operate for anyone bar Link Financial..

do they name the claimant?

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... 

Link to post
Share on other sites

it seems a shame they got a ccj.

hindsight i know, but if you had posted here when you got the claim...

afaik, loyds were reprimanded for misleading using a defunct inhouse 'scm sols', letters etc

there may have been issues with enforceability,...

Link to post
Share on other sites

kearns are nowt to do with Moorcroft

 

who are Moorcroft stating as their client

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... 

Link to post
Share on other sites

I phoned the Lloyds today regarding matter.

 

they told me the dept was sold to link in 2016,

 

all the payments made was transferred in to their account and need to contact them and settle the instalment missed.

 

the letter from Moorcroft was not for this issue as it was a mistaken id. and that is settled.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...