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    • Hi again, yes long story. The property had previously been let and as my husband and i had separated  the plan was he was moving into it. It needed work and he was disappearing working on fitting new work tops decorating etc. This didn't happen. Hes a pathological gambler and i discovered bills mortgage etc were not paid. 2 years ago it went to court where a suspended repo order was granted. On the most part i made sure  payments were made but already the sum quoted at the possession hearing the paperwork had loads of charges for letters etc. We agreed to pay the monthly installment and an amount off the arrears. Then i got poorly with CFS and didnt work for a couple of months and despite speaking to santander and paying as much as i could the solicitors took it straight back to court. The house was on the market and we asked for time to sell and 3 months was agreed. We thought we had it sold however they pulled out and santander enforced the order for possession. By then id had enough and knew there was enough equity to clear the mortgage and associated costs and their solicitor claimed because of my ill health and ex's gambling there was no way forward.  It was sold by a local estate agent who reduced the market price from 49 950 to 30.000. I wrote an official complaint letter to santander head office  About the undervalue and he replied stating they had 2 valuations. Ive got all the details of other houses in the immediate area which were on the market and selling costs. Ive got all statements and letters where costs were added and officially complained. Ive spoken to FOS who said i needed to complain directly to santander first. In the meantime 8 months after the sale this letter arrived despite my complaint.    
    • Name of the Claimant ? it’s a private name and address   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.issue date=  no date shown .theres a sticker saying the case number over the box.   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. A claim for monies due= on the 11 April 2016 the claimants entered  in to agreement with the first and second to loan the first defendant the sum of £6300 on the terms set out in the agreement dated 11 April 2016. b The first defendant was to repay the claimant the full amount of £63000 within the 6 months from the date of agreement. The first defendant would make £2000 to the claimant on each 1st day of the month. C in the event of the 1st defendant failer to repay the loan or the monthly payment the defendant was to transfer the 30% ownership of the 2 businesses. 2  the second defendant agreed to be the guarantor to the first defendant with the agreement dated above and in the event of any default of the repayment  by the first defendant and the value of of the eforementioned business was not sufficient to cover the amount borrowed or any outstanding monthly payment agreed the repayment amount loan. 3   third defendant agreed to pay the £63000 to the claimant together with the monthly payment of £2000 on behalf of the first and second. [This is me as I never signed or said I will pay more then the amount borrowed].   What is the total value of the claim? £46600.00 plus court fees of £2330 +solicitors £100   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? not sure   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no   Did you inform the claimant of your change of address? Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?   No was a private loan   When did you enter into the original agreement before or after April 2007 ? no   Do you recall how you entered into the agreement...On line /In branch/By post ?  not really   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? no   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. yes further the claimants has said in his statement that £68000 payment has been paid.[ £45 by me and £23000 by my son.] thanks for all the help so far. do i need to send anything at the moment.
    • Yeah, this is a company leased vehicle.. The notice to hirer is addressed to my company.    I am waiting to get this returned in my name. Is there any other documentation i should be expecting?   Thanks.
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rustyjames

Euro car Parks sainsbury Balham over stay - ** CANCELLED AT POPLA **

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Hi everyone, and before starting with my request I would like to thanks everyone for their times on helping on the forum.

 

We received a PCN on the 4/03/15 (see doc attached) asking for £70 discounted by £40 if paid within 2 weeks.

 

My wife didn't realised that she couldn't stay longer than 2h. I contacted sainsburys who told me that they were not responsible for the car park therefore I should contact ECP.

 

Yesterday we received the Notice to Keeper dated 24/03/15 (see attached) asking for £70 with a £1.5 handing charge if paid online!

 

 

My wife is 38 weeks pregnant and takes her time when shopping. To be honest she just didn't know! I find this, out of order to be charged £70 for over staying by one hour, specially when she parks there to mainly shop at Sainsburys!

 

Can I fight this ticket? If so, is it ok to send this?

 

 

Dear Euro Car Parks

 

As keeper of the vehicle, registration XXXX XXX, I have received your invoice number xxxxxx.

 

The driver at the time tells me that as a regular customer of sainsburys they never realised the 2h time limits as there isn't any barrier in that car park or clear sign when you drive in,and that they are therefore not liable to pay you any money.

 

Therefore I ask that you allow this appeal on those grounds.

 

If you reject this appeal, please issue me with a valid POPLAicon code.

 

Yours

 

Recorded Keeper.

Edited by rustyjames
changed 1 word

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Hi

 

Welcome to CAG where I am sure you will get the help you require. I have changed 1 word in your letter in order to anonymize it further. As for your images these are too small and you will be better converting them to PDF remembering to take all personal info out,


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I have unapproved attachments as you have left all your information on them.

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Thanks, Is is ok now?

Edited by rustyjames

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ok so you need to follow the ANPR capture routr

 

 

is that where that letter ha come from.

 

 

you need to await the NTK I think first?

 

 

dx


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

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Thank you, I have received the NTK (2nd page of the pdf ) Therefore I can send the Appeal as Ploddertom said?

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yep

 

 

anything will do

 

 

dog had use the toilet again in Sainsbury's is a good one

 

 

it wont matter they'll refuse the appeal

 

 

you just need the popla code

 

 

dx


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

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:lol::lol: excellent,

 

So there is clearly no point of being honest and write at the bottom

 

Please note that from now on the rules have been made clear further to your letter and this will not happen again?

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Right, their timing of sending the NTK out is wrong for it to be compliant with the PoFA (must be between 29 and 56 days after the event) so there is no keeper liability.

Keep the letter and envelope and appeal to ECP saying that their NTK is not compliant with the PoFA and therefore there is no keeper liability and no further correspondence will be entered into. Do not identify the driver. Euro are rubbish at getting it right so they will skulk off when you point out their pitfalls (had more than 1 demand from them and they havent followed anything up).

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So, as they sent it earlier, it's not compliant?

 

I already done an appeal online on the 29/03 following ploddertom suggestion. Should I do another one or just wait for them to get back to me?

 

I haven't got the envelope the NTK came in but the date of the NTK and my appeal does clearly suggest that I received it on the 27 or 28/03.

 

Thanks

Edited by rustyjames

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no, you shouldnt have done an appeal at all but you should now wait for ther response

and if they dont cancel they are obliged to give you a POPLA code.

 

 

They have 35 days to reject your claim and provide said code otherwise they are non compliant with PoFA and no keeper liability.

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HI,

 

Further to my appeal online on the 29 March 2015 22:03:02, I have received the POPLA code on the 6 MaY (letter dated from the 5 May 2015)

 

It is over 35 days, therefore can this be ended right away?

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appeal to POPLA and say that you are not liable under the PoFA as the reply to the appeal is timed out and therefore there is no keeper liability. You now expect POPLA to instruct them to cease their claim against you as the keeper as they have no lawful reason to continue.

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Thank you all for the support on this, Popla response just came in and PCN has been cancelled ;-)

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Excellent news. Well done to you and the people who advised you.

 

And thank you for the update, I'll amend your thread title. :)

 

HB


Illegitimi non carborundum

 

 

 

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Who cancelled, ECP or by POPLA decision? Tell us what the adjudicator said as it will help others.

Well done.

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Right, their timing of sending the NTK out is wrong for it to be compliant with the PoFA (must be between 29 and 56 days after the event) so there is no keeper liability.

Keep the letter and envelope and appeal to ECP saying that their NTK is not compliant with the PoFA and therefore there is no keeper liability and no further correspondence will be entered into. Do not identify the driver. Euro are rubbish at getting it right so they will skulk off when you point out their pitfalls (had more than 1 demand from them and they havent followed anything up).

 

I'm a bit confused about this. The PCN I'm dealing with was issued 11/09/15 and the letter was dated 22/09/15. so that's outside of the 29 & 56 days. What's my best line of attack?

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