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    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
    • RE: EC261 Compensation   It's normal they won't have asked you to contact them . Your initial rescheduling was obviously done by a bot - and there was no human to notice the mistake, as far as the bot knew your scheduling was perfectly normal so there was no need to ask you to contact them.   As long as that was done 2 weeks in advance the carrier's liability to notify you is fulfilled.   (You could have contacted them there and pointed out that the new schedule was impossible. Unfortunately you didn't. Claiming you didn't notice is not likely to work in your favor)   The bot who sent you the 24h confirmation didn't notice the mistake either, obviously.   At some point a human or another bot finally identified the problem and that's when they called you. As far as they are concerned neither you nor them had noticed the scheduling mistake and they took it on them to notify you so you don't have a bad surprise when you try and check in.   However as far as I know, neither flight was delayed or cancelled. You could have taken both flights, if you had the power to be in two places at the same time.   So I don't think there is any scope to claim for EC261. But claim forms are free so feel free to try.     Then, you can certainly make an old fashioned claim (directly to BA)   What could perhaps play in your favor:   It's the carrier's responsibility to ensure that they don't sell you a ticket where the flyer cannot meet the minimum connection time or MCT.   This situation mostly applies to situations where the flyer doesn't know and gets caught. For example say you connect at LHR and you are given 35 minutes to connect. This may look just fine to an unsuspecting tourist, but in reality there is practically zero chance to make the connection, therefore the airline is liable here for selling you this ticket resulting in you missing your connection   In your case though it could be argued that even an unsuspecting tourist should be able to tell that it is not possible for them to depart 5 minutes prior to disembarking and therefore that you should have checked your notification more carefully.   The fact that the bot allowed such a glaring mistake to happen is certainly an argument in your favour shall you decide to make a complaint.     What doesn't play in your favor:   The airline obviously did their best to get you to your destination as soon as they noticed their mistake. They offered you more than one alternative (the first alternative would have got you in time at your destination, but you declined) and you then accepted another alternative, and fully travelled the ticket. That is a very strong position for them.     What did you lose and what do you intend to claim for?   You took the overnight connection so obviously you had to stay at an airport hotel. Is that correct? Did you keep the receipt for your hotel and meals?   You certainly should have asked them on the phone when negotiating your re-route that they provide a hotel. Within 20hrs of the flight it's something they would most probably not have denied to you (but airlines will generally avoid offering off the bat. Why lose money when a customer is just going to roll with it and pay for their own stay anyway, right?). After the fact it's going to be a lot more difficult to claim.   I do certainly think it would be reasonable to try and write them a polite but firm letter to claim for that. Not 700 euros, not damages and hardship and all that jazz, just the extra expense you incurred following a scheduling mistake that they made (that should have never happened) and that they didn't notice until way too late in the day , with your categorical inability to leave 3 hours earlier (you had very important business meetings or something critical, it certainly wasn't just convenience) and the extra costs incurred, and asking that they kindly provide compensation for the hotel and meals, which you feel it was their duty to offer you and you are politely disappointed that they didn't, and thafully you happen to have kept all the receipts. Put Alex Cruz on copy for good measure.   No guarantee but I feel it has a fair chance of success. Most probably you will be offered a heap of Avios instead of cash. It's then up for you to decide whether you want to accept that. Personally I wouldn't bother going further, but that's just me. See if anyone here disagrees, and do let us know what you decide and keep in touch with how it went.            
    • Well done El21.   You put a lot of time and research into that WS which paid off.   Funny that the Judge only mentioned that the NTK was  not compliant with regard to the time period but not query that you had not breached their T&Cs so never liable for a PCN in the first place.   Pity that since had the Judge thrown out the case you would have a great chance of claiming several pounds from them through a breach of GDPR.   I have used that time period argument before as the reason for the NTK being non compliant and it hasn't been mentioned by the Judge  so you have to put everything in to your WS since the Judge only has to pick one of the  points in your favour to throw out the case. 
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Cabot and cat Debt - Received a General Form of Judgment or Order


munksey2001
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Hi there,

 

I have a catalogue debt which I stupidly did not pay and ignored and

 

it run up to £1586 now including all costs from solicitors.

 

It has been to court and is now registered as a CCJ

 

and now an attachment of earning I have received to complete within 4 days a return to Romford County Court or face up to 14 days in prison (Im a single mum with 2 children)

 

I have currently started a new job and have been working for last 2 months.

 

My son receives middle rate DLA which I have stated on the earnings form and have put an offer of £10 a week to pay

and also requesting them to not contact my new place of work as I do not want my new boss knowing about my financial difficulties.

 

I am panicking now as Ive completed it to the best of my knowledge

but scared they may come back with a stupid payment plan I wont be able to keep up with and

I will have to go to court and

 

haven't really got a clue what to do apart from give back the attachment of earnings form asap and pray they accept my offer??

 

I need some desperate help and advice

 

Many thanks

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Before addressing the proposed Attachment of Earnings are you sure that the form that you have received is for an Attachment? The reason that I ask is that the creditor (in this case the catalogue company) would be required to pay a rather hefty court fee for this application.

 

I am not sure whether you can post a copy on the forum (with of course personal information removed). If not, can you type the wording from the first few lines please.

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Many thanks for getting back to me. It was sent from the court directly with a round stamp on the first document then the attachment of earnings form was behind it. I will get the first lines from the letter and post once I am at home.

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cat companies don't do court

 

 

so this must be a DCA that got the CCJ against you?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Before addressing the proposed Attachment of Earnings are you sure that the form that you have received is for an Attachment? The reason that I ask is that the creditor (in this case the catalogue company) would be required to pay a rather hefty court fee for this application.

 

I am not sure whether you can post a copy on the forum (with of course personal information removed). If not, can you type the wording from the first few lines please.

 

The fee is only £100.....which is added to the judgment amount £1586.

 

Is it the N56 you have received munksey ?

 

Regards

 

Andy

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Your Son's DLA is not and should not be classed as Income, unless it is different for Income and Expenditure requests regarding CCJ's in Court, DLA is used to pay for support for your son, and is not means tested, and would normally not go into an I&E form

[sIGPIC][/sIGPIC]

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Yes this is a N56 it says it in the corner of the bottom off the letter

 

I have I get around £1900 a month that is wages and all benefits including DLA. I have put on the balance sheet that I have around £190 spare income each month but worried they will see that amount and expect me to pay around tht amount each month

 

£190 left after ally expenditure each month

 

I presumed it is my catalogue because I have never had a bank loan or credit for the last 10 years only catalogues

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I have I basically get around £1900 a month tht is wages and all benefits including DLA. I have put on the balance sheet that I have around £190 spare income each month but worried they will see that amount and expect me to pay around tht amount each month

 

Have you returned the form showing this amount as surplus income?

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You must list all your benefits...DLA is not specifically listed on the form so it goes in " other " this will be offset against box 2 which you list your dependents.

 

" and also requesting them to not contact my new place of work as I do not want my new boss knowing about my financial difficulties. "

 

Once the order has been processed it will go to your employer (that's how the payments will be taken...from your salary) If you prefer your employer not be involved then complete box 10 and suspend the order......you then deal direct with the judgment creditor and make payments direct......but you will need to get the details first as you state you are unaware.

 

Judgment details are top right of the N56 ring the claimant direct.If you intend challenging the judgment ring Northampton and get details of the claim.

 

Regards

 

Andy

 

Thread moved to Financial Legal Issues.

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Is the £190 spare income achieved by including the DLA payment? Is it still £190 if you disregard the DLA? Your income should not be counted for DLA - what I think Ploddertom is saying is you put on the form the amount recieved in DLA, say it's £100 per week you receive, and you then under Expenditure put down that £100 as Costs/use of DLA to pay for your sons care needs, also it is not really yours, it is his payment.

 

DLA cannot be classed as income, and it cannot be taken into account for payment plans etc, the way they can do for things like Jobseekers Allowance.

[sIGPIC][/sIGPIC]

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Yes the £190 is spare income and that's calculating my income including my sons DLA minus all my outgoings. My son gets £220.40 every 4 weeks and I've included it as I was worried I would get in trouble if I did not declare it but I put it in other benefits and stated that it is DLA for my 3 year old son so I hope they understand that. I'm just concerned that they will not accept the £10 a week offer and ask for something like £50 which I just couldn't afford.

 

I have put my travelling costs which include all travel expenses to take my son to his therapy and all his good that he has which is a little more expensive due to his food tolerances etc but will they look at it and consider that my expenses are too high and then challenge it all? As much as I am a single parent on low income I don't smoke or drink and I do pay slightly higher for food as I but organic and only butchers meat for my family where I know where it's come from and a lot of produce from holland and Barrett but will they want me to break it all down for them and look at my outgoings and think they are not realistic?

 

Not 'good' I meant 'food'.....sorry

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Hi there

 

I recently put an earning of attachment to my local county court for a debt I owe of £1586.80

 

I have now received a letter titled as above saying.....

 

It has been ordered that upon calculation of the debtors income and expenditure by a court officer the protected earnings rate as defined.........is found to exceed the debtors income

 

It is ordered that

 

The application for an attachment of earnings is dismissed

Within 14 days of service of the the order on them pursuant to CCR order 27 rule 7(6) either party may apply for the order to be reconsidered giving full reasons for there request. The written notice must be sent to the court and to the other party at the same time. Upon receipt of the request the court officer shall return the matter to the home court where a court officer shall fix a day for the hearing of the application and give to the parties not less then 2 days notice of the day so fixed

 

What do I have to do now?? Shouldn't appeal for a reconsideration of the earnings of attachment or not? I don't want to go to court I feel sick and it's making me feel so I'll thinking about it....what should I do and what exactly does this mean??

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Can you give us a little bit of history on the actual debt

 

I will try and find someone who has more knowledge for you.

 

I must admit I am a little confused. You say that YOU have applied for an attachment of earnings ?

 

It would normally be the company to whom you owe money that would apply for one of those ?

 

Why have you applied to have your salary garnisheed ?

 

Hi, did you complete form N56 in response to an AoE and this is the court rejecting your proposal?

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No sorry

 

the company applied for an attachment of earnings

I completed it and returned it last Friday as I had only 8 days before I could face 14 days imprisonment as stated on the letter.

 

It's a catalogue debt from what I'm sure of as I do not have any loans or credit cards but realistically need to find out as Cabot Financial ltd are the ones who have taken me to court

 

The company being Cabot Financial Ltd.

 

Yes I complete an N56 and offered to pay £10 a week to pay off the debt....is this the court refusing my offer so what happens now as I have no saving I do not own anything apart from a car worth £1000 that's it

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Reading this again, the highlighted sentence says.. "The Application for the AoE is dismissed." IMHO, that seems to mean that the application for the AoE by the company has been dismissed ?

 

Are you able to remove any personal information, scan in and post up a copy of the Order itself, please ?

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The protected earnings rate is the amount you must be left with to live on after any AoE have been taken. If your income is always going to leave you below the protected rate then the claimant can't go for an AoE which I think is what the court are saying therefore dismissed their AoE application.

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I haven't got access to scan until Monday but I can confirm it says

 

'IT IS ORDERED THAT

1. The application for AoE order is dismissed

2. Within 14 days....... So from my understanding do I now have to wait to see if the claimant wants the AoE reconsidered?

 

If they don't apply for reconsideration how will they expect me to pay back the money I owe them?

Not sure if this is good need or bad need

 

*news.......

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They can't take the £10 per week out of your earnings, involving your employer, before you even see the money.

 

Nothing is stopping you paying off £10 per week (IF you are able) if you want to. They just can't do it for you without you making the payment.

It also means your employer doesn't get involved.

 

That makes it good news, surely?

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I think perhaps now you just have to wait until you hear from the company (if at all).

As Bazza has said, there is nothing that prevents you from making the £10.00 payment - do you have online banking ? If so, you can set up a regular transfer for a specific date each month.

 

If this were me, then I would not agree to a direct debit.

 

It would appear that you either now submit a lower offer or deal directly with the claimant.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • dx100uk changed the title to Cabot and cat Debt - Received a General Form of Judgment or Order
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