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    • You're like, super helpful and unhelpful at the same time lol.   What do I search for, I searched form 4, and nothing, I searched claiming compensation and nothing about this.   I can't find the top squares logo.   Can you post a link or tell me what to search.   Sorry if I'm slow.
    • use our custom google search box  click our top squares logo it should appear on that page   dx
    • Apologies, I haven't used a forum for years!!   I defo wish to keep the 2 issues separate, sorry!   My only issue I need help with is the increased compo for marstons - if possible.   I don't know anything about claiming compo etc. (I only recently found out one of the NHS biggest costs are NDA payouts)   I don't know what form 4 is; so far, they've offered £250 and I haven't accepted or denied it.   So yeah, can you forward me to some more info?   Also, usually I'm good at google etc. but I can't find many stories on this stuff, regarding PCN/TFL etc.   Thanks again!
    • ok things are getting clearer...   I've merged 2 of your posts for clarity and removed the swearing, (behave please) I've also taken down the two images you posted should you wish to post things up please use PDF so we can zoom easily and don't forget to redect them read upload carefully.   I think you need to continue to keep the two thing sep. those being increased compo for marstons- if possible ( if you are raising a form 4? complaint through the court - it might be better you don't? - they are very hard to justify and can be costly - so the fact it might not be moving forward could be a good thing, but listen to others here too) and the issue of the PCN wasn't justified - which you need to further expand on please.   the more info you post up the better please but please use multipage PDF files only and carefully redact them    
    • Thanks for trying btw! It's kinda in 2 parts.   1 is that the PCN wasn't justified in the first place and I wasn't aware it had escalated. I received the initial fine from TFL which I challenged and heard nothing back from (for 5 months). Then another letter from a separate PCN which made me email TFL to inquire what was going on but again, heard nothing back.   (BTW I can see how confusing this is so thanks again for trying)   So, I had no idea my car was at the risk of being taken - that's the first part.   No 2. is:   I got a phone call saying my car was on the back of a truck round the corner from mine (they hadn't left any notices or anything, and the car was parked directly outside my house). My friend said they were attaching the straps and securing it to the van (so I think they got it on the back of the van and moved it before securing it).   When I ran round the corner I saw the EA's van. I went upto it and asked what was going on. He was rude and told me to go away. Then after I kept knocking he got out the van and was aggressive and refused to ID himself or tell me why he had my car.   He shouted at me, was rude and unprofessional, he then left with my car. I complained to Marstons and asked for the bodycam footage.   They gave me the footage but it was clearly edited and cut short (because in the beginning of the footage he was the most aggressive).   They then told me he wasn't required to have the camera turned on when he's in the van, only when he's 'actively pursuing a warrant' and I was only allowed the footage I was in. (which is 2 different things) So I asked them to clarify which is true.   Anyway, I reviewed the footage and sent in my complaint (talking about what happened in the footage) They replied and said they watched the footage and disagreed with everything I said.   So I wrote a more in depth response with the CIVEA code to reference + the TFL EA guide etc.    Then they asked for more time, called me and finally apologised and admitted he had acted untoward and was in the wrong.   They then offered me the goodwill payment.   This has taken up weeks of my time, caused me serious trauma and PTSD and even after I complained WITH video evidence, they still initially denied it which means they officially lied, on record, while representing TFL.   I told TFL what was happening they said I had to continue with Marstons etc.   £250 goodwill isn't enough, the car cost £800 to get out, the suspension is messed up and I'd like to claim compensation for everything.   I don't know if that makes me sound like i'm money grabbing or whatever but they shouldn't be allowed to get away with it.   The police had to come before they could call an ambulance cause I was having a panic attack and it was a HORRIBLE experience.    So any help would be great please    I have the whole file from Resolver in a ZIP file but it's a lot of writing and I think you've read enough of my writing to last a life time!   I did a statutory declaration of OOT, got it signed by the court etc. but it was rejected.   I then tried to take them to court but it cost £250 I think which I don't have. You can get it for free if your low income but they wanted bank statements that I couldn't get. They're waiting for me to reply with documents to get a free court date.    did you receive any of the pcn's - was that why you appealed? - Yes, sorry!   unless it's trying secure a greater level of compo from marstons? - Yes, sorry!   For the record I just saw this pop up, read it and now feel much less guilty about my enquiry!
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Molleyarm

Hoist/cohen claimform - santander Credit Card 'debt' fast track Allocation?

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Hiya I sent in the N181 recorded delivery to the court where you have to sign at the other end they said they never received it but I had the proof - so I uploaded another copy to Northampton then today we have received a N271 notice of transfer of proceedings for allocation what does this mean now?

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It means the Court received both sets of DQs and transfered the claim for Directions/Trial.

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Is that bad news on our part x

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It simply means that the claim is proceeding.

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Thanks for putting no my mind at easy I suppose what ever happens will be - it's good to have advise tho cheers

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Do you think I need expert legal advice??

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That's what this place is. ;)

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Cheers I'm just a touch nervous 😳

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Next will be the Notice of Allocation that you receive Molley...read this carefully for the directions...as there will be actions that you must take and comply with by the dates stated.

Post if you are unsure of anything...don't just skim read and then forget it.

 

Andy


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Thanks Andy will read it very carefully xx

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Hiya We have just received a letter from Hoist saying the following "We acknowledge receipt of your Defence dated 22 Feb 2015. We note your allegation that you have not made a payment within six years and you reference s.5 of the limitation act 1980 which for the avoidance of doubt dictations:- An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. however we must advise that the last payment received on your account was £264.05 on the 27th April 2009, within the past six years and the debt claimed in these proceedings is therefore not statute barred. Therefore, we now formally invite you to withdraw your Defence in writing and furnish us with your proposals to discharge the sums owing in this matter. We reserve the right to exhibit this correspondence to the Court should you fail to withdraw your Defence." How should I reply please ????

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The date on the claim form was 19th Feb 2015.

 

 

we must advise that the last payment received on your account was £264.05 on the 27th April 2009

 

Did you make that payment? Can you prove otherwise?

 

Andy


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Yes we made that payment that was the last payment we made

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Then they are correct....its not statute barred.That is why we specifically warn every poster to be 1000% sure of the last payment/acknowledgment before advising to use the statute barred defence.In this case Molley...you had already submitted it and only started your thread from allocation onwards.

 

Regards

 

Andy


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Sorry Andy am I in hot water now! Will I now have to repay the debt

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Its a case of damage limitations now....considering that this is in the Fast Track.They have asked for you to withdraw your defence and for your proposals on how you intend to discharge the debt.

 

I would be contacting the solicitor and proposing settlement by way of a Tomlin Order...dont offer to withdraw the defence...its not required if you can settle by Tomlin.

 

I assume that you would not be in a position to settle in full payment and therefore you must request a monthly payment plan.Tomlin Orders can be drafted to encompass this and avoid a CCJ and even costs...subject to your negotiations skills.

 

Regards

 

Andy


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Thanks Andy will go ahead and do this

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Will a Tomlin order be the best way forward in this case Andy I've never hear of one before, what dose it entail??

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Given that we have no history of the debt or lead up to the claim...I assume that you made a request for this agreement (being pre 2007)...have they ever complied or have you never requested it?


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Will a Tomlin order be the best way forward in this case Andy I've never hear of one before, what dose it entail??

 

Take a read of the following thread...it details how a Tomlin Order is drafted and successfully agreed.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?380935-Claim-Form-DLC-Hillies-old-MBNA-credit-card-***-Settled-by-Tomlin-Order***/page16


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Ive had a read of this thread - thanks, I will contact the solicitor and request a Tomlin Order, in your opinion will I have to repay the full amount - thanks

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That depends on how good your negotiation skills are and how desperate they are to resolve it without throwing further money at it to proceed.:wink:


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Once again thanks

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Hiya I have been advised by the national debt line to get a solicitor could I not negotiate with hoist,s solicitor to resolve it with a Tomlin order xx

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Haven't we already discussed all that from post #41 above onwards? Why would you need a Solicitor?


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