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    • Hi T911 and welcome to CAG. As you say, an interesting screw up. So much for quality control! Anyway, our regular advice is to ignore all of their increasingly threatening missives... UNLESS you get a letter of claim, then come back here and we'll help you write a "snotty letter" to help them decide whether to take it any further with their stoopid pics. If you get mail you're unsure of, just upload it for the team to have a look.
    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Help with HCEO PRE new rules & charges please


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I sent them a copy of the writ and asked if it was still valid. Then I replied explaining I am the defendant and asking if it is still valid and they replied with writs are usually valid for 12 months but can be extended before they expire. Speak to CAB

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I usually find the enforcement section helpfull & don't understand their response. I would have sent them the Writ No only and asked when it was obtained & if it has been renewed. The only other course of action is to ask the HCEO although to me it appears you are being frustrated at each turn.

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I usually find the enforcement section helpfull & don't understand their response. I would have sent them the Writ No only and asked when it was obtained & if it has been renewed. The only other course of action is to ask the HCEO although to me it appears you are being frustrated at each turn.

I couldn't work out what the writ number was, there was only a case number

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If you have a copy of the Writ to hand then in the top right hand side it should say something similar to:

"In the High Court of Justice sent from xxxxx County Court" and will have a reference number, are you sure you just do not have a copy of the CCJ which may be headed:

"Judgment for Claimant" top left & 2 or 3 boxes on the right hand side giving Ref No, name of County Court.

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Here's some examples:

 

County Court Judgment - http://www.debt-advice-uk.com/wp-content/uploads/2012/09/Judgment-for-Claimant.jpg

 

High Court Writ - http://www.johnnydebt.co.uk/wp-content/uploads/2012/04/Notice-of-Seizure.jpg - most companies use their own versions and what you may have is different to this but the top right of the paage shows what you should be looking for.

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You are going to have to contact the HCEO and ask them for the Writ No then. There seems to be a pattern of Enforcement Co's withholding relevant information from debtors, seems as if their call handlers are being economical.

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The HCEO has a duty to give you the information you require and should do so without protest.

 

Only if the matter is post April 2014 and falls under the new TCoG regulations could it be extended in that manner and given the fees you have listed this is not one of those cases.

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I asked that exact question and was told it applied to all outstanding writs even those issued prior to the new rules

 

To the best of my knowledge ...a writ issued before the change in the rules would need to be renewed every 12 months and as Hceo's has already stated, the fees being charged to your writ suggest this is not the case and the writ would need to be renewed yearly.

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It might appear that they don't want to go to the bother of renewing the defunct writ, and like a politician will lie hoping that if they keep lying through their teeth you will think it is the truth.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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HI Thank you, I'll try that avenue. I can't reply to your PM as you have too many messages

 

Thank you, message box now emptied again.

 

You do not have enough posts helpplease to reply to PM's, if you do need to contact wonkeydonkey then you can do so via myself.

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  • 1 month later...

I am after some more help I'm afraid. I have been paying them for about 18 months and have paid around £450. The bailiffs told me they had paid the creditor £200 but I have found out from them that they only received £100 in may this year. I understood there were rules about how payments had to be "divied up" can anyone clarify what they are?

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Pre April 2014, most HCEO's had agreements with their clients on the way the sums recovered would be split. This will probably account for the differences you've been told. I would add, that some clients have a minimum pay out amount meaning that they are only paid when the sum reaches a certain amount. This varies from client to client and may also be a factor.

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