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    • Hello all, I would appreciate some advice regarding a recent incident with Rossendales.   Brief background is I bought my current house in 2016 from my mum who inherited it when my Gran died. When my Gran was alive, my sister sometimes stayed there and used her address for various things including driving licence, bank accounts, work documentation and credit. She hasn't lived there since I bought it. The story behind this debt is that apparently my sister parked at my Mum's house in Bury without a valid residential parking permit. She had contacted the council and they apparently had waived the fine before this visit.   In June, me and my girlfriend were woken up at 07:20 by loud knocking. At the door were two Rossendales enforcement agents asking for my sister. I told them she didn't live there asked what the matter was about and they said they couldn't tell me and I needed to show proof of residency which I refused to do without seeing any documents compelling me legally to do so. They proceeded to clamp my car.   I brought them the only evidence I had which was a V5 document. The car is on finance so technically, the finance company owns the car. In the subsequent audio recordings of the phone call, it emerges that they knew the car was on finance. They also asked if my car was a white Ford Fiesta (which is my sister's car) and asked if she was insured on it (she never has been and has never driven that car). I feel like they have attempted to blackmail me into giving them my sister's contact details when it was absolutely nothing to do with me. Admittedly, I probably reacted badly but being woken up before I normally get up by loud banging which terrified my girlfriend didn't give me a good start to my day. They refused to show me any ID or a court order, presumably because they didn't have one. I was told by their complaints handler that they use various methods of tracing people, including credit searches.   I have retrieved the video and audio of that day through DSAR. The video is here and audio recordings of phone calls are here.   They eventually took the clamp off after a couple of hours, citing the fact that the car was on finance. I didn't miss work because of it but I was several hours late.   Additionally, they missed the ICO guidelines for the DSAR and were two weeks submitting the video files.   Is there anything I can do regarding legal action here? I've complained to the leader of Bury Council who has dismissed it without looking at the evidence or listening to the audio.      
    • https://www.financial-ombudsman.org.uk/files/2868/issue117.pdf   Albeit from 2014, p.24 There the FOS insisted the creditor reset the default date to earlier (3 months after the payments stopped, but that was only because there was an agreement with the debtor to have a 3 months ‘payment holiday’)
    • In the first place it must have been over the phone. Could have been by email but cannot remember to tell the truth. I would have sent them an I&E so now I'm wondering if it was by email.I will take a look but might take a time scrolling mails from over 3 years ago 🧐
    • Dear Sir, no payment was made after May 2013, and potentially the last payment was even before this (your client could only examine their records back to May 2013 when they were contacted, and there was no payment showing)   Your client is not permitted to unreasonably delay issuing a default notice, and certainly not with the effect of later attempting to “get around” the statute bar. This will be drawn to the court’s attention should your client proceed with court action, as well as being reported to the FOS, so you may wish to highlight this to them and seek their further instruction.
    • Thanks Honeybee13. Here they are:   For PCN's received through the post [ANPR camera capture]   please answer the following questions.   1 Date of the infringement .     8 / 08 / 2019   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] .    13 / 08 / 2019   3 Date received .  18 / 08 / 2019   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]   Not obviously but does a section of data processing for getting the detail of my car   5 Is there any photographic evidence of the event?  Yes   6 Have you appealed? [Y/N?] post up your appeal] .   Yes   Dear Sir / Madam,   I have just received my parking charge notice (PCN) for stopping at London Southend Airport on 8/8/2019. I understand that stopping on the road is forbidden. However, the reason I  stopped on the spot was to ask a traffic warden where I could park my car temporarily as I was going to pick up my family (it's my first time to London Southend Airport). The officer told me there was not a picking up place. He advised that I should park in short stay car park, which I did.   Considering the situation, could you revoke this PCN please?   Yours faithfully,   Have you had a response? [Y/N?] post it up .   Just automatic response saying a reply will be in 28 days   7 Who is the parking company?    Vehicle Control Services Limited   8. Where exactly [carpark name and town] . London Southend Airport, Essex SS2 6YF
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debsdarlo

CCJ - ORDER TO ATTEND FOR QUESTIONING- n39

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I have an hearing on Jan 29th - was charged a further fee of £50 for this application -

I have now managed to obtain funds - family and selling stuff on ebay to be in position to repay the outstanding balance of £760.

 

 

My question is - can this hearing be then cancelled ?

will the other party try and claim more costs on top ? -

 

 

This debt was nearly £8,000 and in a year I have sold goods, belongings, jewellery and £2,000 from my Mum and also used some of my student finance hardship fund and sold my touring caravan to pay - yet still I have been hounded dispite the court only ordering me to pay £20 a month.

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Did you ever fill the form in so you only had to pay what you could afford? And the creditor would be forced to accept?


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

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yes did all that but they're still wanting proof and

 

 

I suspect as the debt at that time was over 3k

 

 

- I think they were trying to put a charge on my house but cant do that now as debt is under 1k.

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If you had filled the form in you could have given an income and expenditure form in.

 

Anyway. Order for questioning is the same thing. To assess your circumstances and find out a repayment. You have to attend otherwise it gets much worse.


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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don't have to attend if its all paid off though do I? has judgement will be satisfied

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Most Order to attends have a penal notice attached which means you can be sent to prison for not attending(one of the only ways you can now be sent to prison for refusing to deal with a civil debt).

 

The paperwork and hearing has been issued so the charge has been incurred by the creditor and added by the court to the debt as part if the ota.

If you have full payment, you should be making to direct to the client and at the same time making sure they give you proof that the account is settled. They should then contact the courts to remove the hearing. I would advise that you then chase the court to confirm the hearing has been cancelled.

If they don't confirm it, I would attend anyway just on the off chance something has gone wrong. Hassle I know, but less hassle than the alternative if it has gone wrong.

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And dont forget any person ordered to attend can ask to be paid a sufficient sum to cover their travelling expenses (formerly called ‘conduct money’) to and from the court. Such a request should reach the claimant within 7 days of service of the order.

 

Andy


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