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    • County court name of which your submitting the N349
    • Hospital car parks are no place to employ sharks, at least in Wales Hospital parking is free, and PPCs verboten.
    • Update:   A couple of weeks further along, and the charge has now been cancelled. In that regard alone the outcome is acceptable.   In the interim ...  There have been additional demands from CPP/PE in the most glorious and laughable obfuscated prose/legalese I have pressured PALS I have chased past correspondence I have contacted other Execs I have involved my MP who has now acted I had primed the local newspaper who was planning a piece this week   However ...   - PALS didn't respond until I complained in person after almost 2 silent weeks; then promised to help and a couple of days after that advised that the Hosp had said thye had no authority over the Parking Co. I told them the hosp had told them wrong, explained why and pressed them to go back ... since when I have heard nothing despite chasing them. - UHCW Trust Estates & Facilities Dir. is yet to respond, though contact was *only* a week ago. - UHCW CEO/Chief Administrator has never acknowledged/replied-to any of my letters/chases. - UHCW CEO/Chief Admin reacted immediately to MP letter however by passing it and my correspondence to Estates and Facilities Dir to deal with, who in turn replied to MP with cancellation, who yesterday copied that to me for confirmation received this morning.   Passing thoughts ...   - People who could/should have been dealing with it for the injured party elected not to. - PALS has good intentions but is useless if they don't have a leaflet on it - will follow the Hosp line on everything else without questioning their words. - The Trust's Administration is not approach-friendly, in this instance stating "... car parking managed by a Private Finance Initiative Service Provider"  and that therefore  ".. Trust has no power ...  in the processes applied by CPP .." Oh, really?!  - Trust accepted CPP's word that the equip't was not faulty as claimed, not the rather more reliable word of a visitor having been put to considerable inconvenience at 5 a.m.and who went to some length with staff to deal with it instead of buggering off home. - CPP "have agreed (to cancel) as a gesture of good will." WHAT?! THEIR good will? THEY are willing to let MY failings pass and kindly make allowances? Couldn't be more self-delusionarily wrong!   Sadly, I can guarantee that what is actually important in all of this will not get any attention   - providing an alternative payment method for patients/visitors for when the equipment malfunctions ... at any time not just the wee-hours ...  and tell staff ...  and put notices up. - UHCW taking any notice of their culpability in CPP's unlawful breaching of GDPR in accessing keeper details now that it has been brought to their attention. Head In Sand.       All of this comes of course from pulling-up the drawbridge and deny, deny, deny. It is the knee-jerk response of almost all large organisations, but one for which there should be no place in a Hospital Trust that should strongly want to distance itself from uncaring attitudes and irresponsible practises.   Anyway ...   Anyone finding this because of a similar issue of their own, my strongest advice is to heed the advice given to you on this forum - it put me straight on to the right path and got rid of some nervous uncertainties which makes all the difference to peace of mind, something that CPP relies on to add pressure for those who aren't aware of what's what.   My thanks again to all who kindly helped.            
    • At the investigation yes, they are seeing if they can build a case.   Like the police interview you before deciding if you are going to be charged. Not everyone is charged as some people have done nothing wrong!   If you tell people what the investigation is about before they go in, a proportion will use that knowledge to prepare really good lies. That's why companies don't do it.   I would have a read up on the ACAS site of guidelines for both investigations and disciplinaries.    https://www.acas.org.uk/index.aspx?articleid=1874
    • So they've back-tracked on their original statement that his insurance has been voided. If it's not been voided and was in force at the time of the accident there is no role for MIB. MIB gets involved if a driver was uninsured at the time of the accident, but 1st Central are now telling you he was insured. In the response you have had from MIB that is what they say, he was not uninsured. Whoever it was who told you that the policy had been voided was, by the sound of it, telling you something that simply wasn't true.   I've never heard of 1st Central but from their website it's clear they are an insurance broker not the actual insurance company https://www.1stcentralinsurance.com/who-we-are  As a broker they are acting for their client, the driver, and have no duty to be impartial in considering whose fault it was.   So looks like you have no option now other than to start a small claims court action against the driver.
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saintalan

1999 SLC SCOTTISH 1a small claims Decree, now rebadged by shoes/eruido - think i'm stuffed?

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wrote not write

 

looks good

 

hold until after you see what perth say.

 

ask then HOW you get the charge for payment atleast put on hold or cancelled or WHY until you have a chance to contact shoosmiths whom are erudios solicitors and explain your forth coming actions. don't commit to a recall etc but investigate it with them if they seem to be helping you.


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I just spoke to Perth Clerks

A couple of things came to light.

They did indicate they could be quite helpful and look into specifics for me regarding whether the original Warrant was wrong/invalid etc.

I would need to email them directly which i will certainly consider.

 

Fair play to them they did not think an actual recall of the decree would potentially actually do anything more than extend the whole can of worms.

Clearly that is not my real end game.

I was quite candid in that August 19th 2019 is the key date and beyond that I do not care.

 

They could not/or would not advise me on how to stop the charge for payment.

I could ask them this outright in any email ?

 

Should I in effect just email them close to a copy of my proposed letter to shoosmiths asking to comment ?

 

I really would just like to get a letter off to the vultures.

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seems like a good idea

and any evidence they might need?


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This is my proposed final draft to send to Shoosmiths.

I will send a copy of this with a cover email to the Perth Court.

 

You happy with the content ?

 

To Whom It May Concern

 

I am writing to you to request you place this account in serious dispute.

I must insist that you immediately withdraw demand for payment. I request that you confirm said action to myself, and pass on this information to your latest instructed agents Stirling Park Sheriff Officer & Debt Collection Services.

 

On review of the information provided within the SAR from the SLC, I have found serious issues with the Decree granted on the 20th of August 1999, that could make said document invalid. As this is the sole basis of your action to collect the balance, then again I must insist that you withdraw your demand.

 

As you will further note much of this relates to the use of incorrect address information in critical correspondence.

 

Following a conversation to the Sheriff Clerks office in Perth regarding a number of points, they have requested I write to them so they may investigate my concerns.

It is entirely possible this may result in a request to recall the decree. The following condition allows this to happen.

Act of Sederunt (Simple Procedure) 2016 SSI 2016/200

Schedule 1 Part 13 The Decision

Sub Section 13.5 (1) (e)

 

You may wish to investigate yourselves some of my concerns ?

The following communications were within the SAR pack.

You will be aware that the SLC Legal department wrote to me on the 27th October 1998 at the completely wrong address of 49 Fictional Avenue Perth, warning that court proceedings will be instituted without further notice.

 

The next correspondence I have within the SAR pack from the SLC Legal on the 1st October 1999 is again writing to a wrong address. Strangely this time a different one of 48 Fictional Avenue Perth, where they advise me an Extract Decree has been granted. There is no copy of said decree in the SAR. Neither is there any mention in the letter of the date the decree is granted.

 

The decree was granted I have subsequently established on the 20th August 1999 *In absence.

 

I verified this from the copy decree Shoosmiths supplied, and it further confirms it is for the wrong address.

 

I can confirm from further documents in the SAR that the SLC update my address to the correct address on the 10th May 2000. Clearly this change is a number of months after legal proceedings.

 

I have other questions that need to be addressed with regards to the legality of the serving, or lack of serving of the summons at the time.

I also have a potential issue with regards to the time before the communication of the actual Decree in absence was communicated to the aforementioned wrong address. A time of 41 days I believe.

 

I await your response to my concerns with the potential legality issue with your charge for payment.

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Hi DX

Letter to Shoos sent recorded 1st on 10th Dec and signed for 11th Dec.

No response as yet.

Will keep you posted.

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ok well done sorry I didn't return..


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Hi DX

Update.

I have just received a letter a few days ago from Shoosmiths.

 

It is almost like they have simply ignored my letter (Post 48)

 

However it is back to the slightly "softer" approach which at least suggests they have read it.

 

They are back to asking me directly (without local sheriff officers) to come to an agreement to pay, that they can offer to their client Erudio.

Back again to enclosing a income/expenditure form.(I have never returned one)

For me this is undoubtedly a slight climb down from the recent aggressive behaviour.

 

Further to this apparently for the 1st time ever they have traced my mobile phone number as they just called me.

I did not confirm or deny who I was after they identified themselves, but hung up and have blocked the number.

 

A text has since arrived presumably from another number asking for me to get in touch re recent correspondence.

 

my thoughts are to reply again referring to my previous letter, asking why I have not had a "proper" reply.

 

I certainly do not want to make any sort of offer again while I am hoping to kill the process till the 20 year anniversary of the decree.

 

What do you think ?

Edited by dx100uk
spacing

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yea doing good.

keep it up.


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Hi DX this is what I have written today. Hope you approve. xxxxd out a few details.

 

Your Ref: xxxxxxxxxxxxxxxxxxxxxx

 

Without prejudice

Account Number: 6xxxxxxxxx Balance £3xx9.19 and then Supposedly up to £3xx0.60 and now supposedly down to £3xx0.35

 

To Whom It May Concern

 

I note you have ignored my letter of 10th December 2018 which I have enclosed once again.

I have proof of signature that you did receive said letter.

You or your client Erudio Student Loans Limited need to take this letter seriously.

 

Your latest communication dated 8th January which I have referenced above includes a copy not as detailed of the original decree from 1999, but a partial copy of a second extract decree from 2014. My previous letter details the problems with both of these documents.

 

 

Once again I await your response to my concerns with the potential legality issue with your clients charge for payment.

 

I also note your various changes in apparent balance. Perhaps you could document this fully in an itemized statement ?

 

Finally my mobile phone number constitutes protected data under GDPR law. Perhaps you could kindly give me written details on how you legally came across said number and how you are legally using said number ?

 

 

Yours faithfully

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i'll pop in later busy day ahead


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scan up the letter from them to pdf read upload

this need careful chess moves

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Hi Not quite sure why you think the latest letter is significant. However it is now scanned.

I do note the previous "hardball" was from edinburgh. This "stuff" is from payments at Northampton.

fromshoo0119.pdf

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Cause I wanted to see if it was an automatic sent template letter..and it is.

 

Pers I wouldn't reply


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Okay Thanks DX

I have replied as above but more as a reminder for them to address my issues.

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Just to keep the thread alive. With my letter now at 2 shoosmiths addresses.

First sent 10th December and then 25th January.

I have had no further communication from them so another  2 months passed.

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yep keep ignoring unless or until you get served anything by a sheriffs officer


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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Thanks DX.

Presumably even the pondlife (Shoosmiths) should address my "points/complaints/concerns" before sending those dogs after me again ?

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there being a dispute is not a magic bullet

pers id just ignore them.

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Hi DX good news in a way. 2 months on and still not answers from them or any demands.

Just remind me as in my head my key date is 20th August 2019

That is the 20 year anniversary of the original decree granted at the Scottish sheriff Court.

When I was trying originally to avoid the debt by Status Barred rules I was reminded the Decree is subject to a 20 year prescriptive period.

 

If I get to the "magic" date is there a relevant link I can copy the text from that would confirm the debt is no longer enforcable ?

Something more substantial than this 1 line statement

https://www.scotlanddebt.co.uk/articles/personal-debt/time-limit-recovering-debt-can-written-off

 

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plenty of info on the inter web.

 

dx 


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Sorry not attempting to be lazy.  I keep finding simplistic statements but am unsure as to where I find the actual legislation.

 

Ie embedded somewhere in this beauty

 

http://www.parliament.scot/S5_Delegated_Powers/SB18-22.pdf

 

Or particularly section 7 of this.  

https://www.legislation.gov.uk/ukpga/1973/52

 

 

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not your problem

simply quote

Prescription and Limitation (Scotland) Act, 1973

but only id we say so.

let them work it out!!


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MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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