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    • Bank the cheque.  No doubt it will bounce - but you never know. When it bounces - that is when you are meant to access their website link and enter your personal details - but of course - DON'T.
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    • If you are absolutely certain* that you were parked OK, write a letter of complaint to the Headteacher and copy in the Chair of the school governors.   If you or the car were identifiable in any way from the photo (eg visible registration number, driver's face etc) I would very politely write that you resent the untrue suggestion that you had parked/had stopped/were waiting in a way that contravened any traffic regulations, and that you are sure that the school will understand that you would like an apology and a correction to be printed in the next newsletter.  (You can also clearly state that you were identifiable from the photo because other parents have mentioned it to you).   See if that works.   You don't want to go to court for defamation as you'll need access to about £10k in fees before you get out of bed.  You just want an apology and a correction.  If what you've told us is accurate, I don't see any reasonable school failing to say sorry.     *My wife is a former school governor and my experience listening to her is that very very few parents actually understand the meaning of the no stopping/no waiting signs and road markings outside schools.  Don't complain unless you are sure you weren't stopped where you shouldn't have been.
    • And they haven't offered a speed awareness course either?  (Have you done one in the last three years or is this in Scotland?)   And is one of the notices for 34 in a 30?  As Man in the Middle says, that ought to be below the level at which they take action.   (And sorry - I don't want to appear preachy - but...  there don't have to be any warnings or signs or lines on the road to advise you of the presence of speed cameras.  If you get away with an exceptional hardship argument you will need to stick to speed limits in future - whether you know there are cameras there or not.  NB Don't know if this applies to you, but most 30 mph limits are restricted roads with a system of streetlighting and don't even need speed limit signs - you are assumed to know this from the Highway Code).
    • It's up to you if you want to pay £300 you don't owe plus whatever Unicorn Food Tax with no basis in law whatsoever that they will have made up in the Letter Before Claim.   We'd prefer you didn't.   But you have received a LBC so it's make your mind up time.   So please    - post up photos of the signage in the dark that you'll have taken two months ago (post 14)    - post up details of planning permission for their signs you'll have found out after you got onto the council, again two months ago (again post 14)    - also let us know if you agree with Brassnecked's excellent letter or if you'd like to tweak bits depending on what you've found out    - upload the LBC.  Some of them are appallingly drafted and invariably contain Unicorn Food Tax which is all useful extra ammo    - also, where are you living now (post 35) and are you comfortable with legal communications arriving at your parents'?   If you look in our PPC Successes thread at the top of the page, you will see 275 times these cheats have been seen off with their tails between their legs (and all had the same "well known legal companies" (ho! ho!) on hand).  In reality 275 times is a massive underestimate, in all 275 cases there was a "moment of victory" IYSWIM where the PPC were thrashed in court or discontinued a claim or were called off by a supermarket chain, etc., etc.  There will have been at least that number again where they were told to Foxtrot Oscar and then crawled back under their stone.  They are eminently beatable but logically when you're in legal dispute you have to put some graft in to beat the other party.
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Lowell & Carter Solicitors


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Hi all,

 

Firstly Lowell have been sending letters to my address, I know as via the Postcode on back and the PO box....

 

These letters have always been returned to sender, and marked "NOT AT THIS ADDRESS"

 

As they were for our son, who has not lived with us for over 3years...

 

another came today for him and I could see through the window box on the envelope,

 

Northampton courts...

.. Now know the sly under hand here, as he clearly does not live with us...

. They have purchased a debt from orange..

. so now they want to secure the debt via the courts....

 

Do we or our son have anyway to address this, underhand way of giving him a bad credit file..

.. as they are addressing him to living at this address.

. Which he clearly does not..

... Not on electoral role either.....

 

He is prepared to make an offer of something, but it's the way this is going,

 

If i did not open the letter (Wrong I know)... it would of gone back, then they would of just proceeded to court...

 

Any ideas... Thanks

Edited by sully123
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Morning All.... Plenty of views... No Idea's ?

 

Are they allowed to proceed to county courts, without checking if said person lives at address?

 

As stated, Son has not lived with us for over 3 years!

 

If I never opened the mail, he would be none the wiser.... When I can find out where he is, he will more than likely make some offers...

 

This surely is wrong.... with all mail be returned to sender...

 

Any help or idea's appreciated

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it is your sons responsibility to update creditors upon where he lives

 

if he has not done this

 

then sadly its his fault

they have served to the address where he took the contract out at

 

you need to deal with the claimform.

 

plenty of carter/mobile court threads here already

 

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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Service at a last known address is valid service.

 

Debtors often lie or try and evade service by sending letters back "Not at this address" when actually they still are.

 

Forward the letters to your son to deal with them.

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How would he know they served at the address where he took out contract.... when he no longer lives there......

 

To serve upon my address, and presuming he lives with us is that not wrong?

 

How does he deal with the claim form.... he does not know he has it?

 

I only opened... (Wrongly I know) ... but I seen the Northampton bit through the envelope window...

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How would he know they served at the address where he took out contract.... when he no longer lives there......

 

To serve upon my address, and presuming he lives with us is that not wrong?

 

How does he deal with the claim form.... he does not know he has it?

 

I only opened... (Wrongly I know) ... but I seen the Northampton bit through the envelope window...

 

 

 

If your address is the last known address for your son that they have on file and he hasn't updated his creditors then service is technically valid.

 

If he gets a CCJ because you don't forward his post to him he'll have to apply to Court to have it set aside.

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as said it is down to the debtor to always update addresses if they move.

 

sadly its not wrong to serve on last known address

or the address where the contract was taken out at.

 

he needs to deal with this

 

there are strict time limits.

 

carter can easily be buffed off

 

with the correct defence if there is a dispute.

 

where is your son?

 

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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The house we live in now, we only been here since September..... Son has not lived with us for the past 3.5 yrs..... The contract address was when he lived with us at not last address but the one before.....

 

We just don't get on, sadly! We really need to resolve our differences (Now he is a much better person, I should make first move)

 

I will get his brothers to update him, and advise him to call carters and make a full and final settlement offer..... as they no doubt bought the debt for peanuts

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pers I wouldn't be offering carter anything

 

defend the claim

 

in the main, on mobile claims

 

carter either runs away or discontinues when challenged

 

dx

 

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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register with mcol

 

then use the password on the claimform

 

and defend all

 

have a read of a like thread in this forum

 

lots here on carter/mobiles

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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