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    • the property is not yours you are not on the deeds you are/were not ever on the mortgage..   stop trying to do their job in scamming you.        
    • Capital assessments are based on the:   amount or value of the asset at the time of the application outcome of checks carried out to protect against fraud As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest. Just found the above in the law society website.  So am I screwed.  So confused.   
    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired.   For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   So no mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage   and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.    All it states is that the operator can pursue outstanding PCNs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say.   Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ] to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal.   Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative.   Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.   I have not looked much at your WS though it is looking good.   I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007.   that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations.   It calls into question their right to apply for motorists data from the DVLA.   I would wait for their WS to arrive so that you can pick holes in that too. however watch that if they are late that you send yours off just within the Court guidelines.   What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
    • UncleB - where you write "This could lead you to facing the Bank in Court..."   1stly -  would that mean now?  by remote hearing?  Or when the courts open after the summer?   2ndly - Does the application for set aside automatically prevent the B hearing going ahead?   3rdly - Will sending in an application to have the B petition set aside mean that I have to disclose an address for service?   I can only give a mailing address   4thly - Could having an early (remote) set aside hearing potentially quicken up the process for the bank if I am obliged to give them a suitable place for service?  At the moment I assume the hearing was adjourned for lack of physical service.   I want/ need to get a set aside.  But don't want to shoot myself in the foot.  
    • Where I have sight of a letter which states the following: "a) the case is removed from scheduled date and time on the court list forthwith    b) the case will be re-listed on the 1st open date after x few months, a date to be advised" Is there any way a hearing would be any earlier than suggested?  Lockdown closed courts but may they open early?    Could the bank ask it to be brought forward even with lockdown still in place officially til end July?    Would that depend on them physically serving a b petition?   Could the 1st open date be any time up to Christmas with such a potential back log of cases?  
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Hi this is my first post and I'm in some need of advice please.

 

I owe Anglian Water around £1700 and they have passed the debt onto Marstons, who ill be honest, we have ignored!

 

As you can imagine they have added their fees and now the bill is for £2753!

 

They have obtained a high court writ against us that is dated 8/1/2015.

They have called at our property several times but fortunately we haven't been at home.

 

The last letter we received from them said that as the judgement remains unsatisfied,

further enforcement will no doubt be taken against us,

and this may take the form of a garnishee order against our accounts,

a charging order against any equity in any property

, an attachment of earnings order if you are employed

or in certain circumstances, bankruptcy.

 

The thing is I can get hold of enough money to pay Anglian water the original £1700

but I can't afford to pay the £2700 that Marstons want!

 

 

I rang Anglian water and offered to pay what I owe,

but after the girl spoke to the debt recovery team, I was advised that any payments should be made to Marstons, as they are handling the account.

 

 

I told them that my partner is pregnant and that we can't afford to pay what Marstons want

and that we would just like to clear our account with yourselves today to get it over

and done with as the stress is really starting to affect my partner who is 6 months pregnant.

And again they said we had to deal with Marstons :(

 

Could somebody please advise me on what to do next?

If I could have paid it sooner I would have done,

but I already have attachments on my earnings and really can't afford anymore.

 

 

I was unemployed for quite a while and got into lots of trouble financially.

 

 

I have managed to sort all of them except this one.

 

Thanks in advance

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They cant apply for Banckruptcy now, that you can be safe off :)

 

Change to law happened this year where it was increased to £5000 :phew:

 

Is this subject to a court order by any chance?


 

We could do with some help from you.

 

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Hi thanks for your reply.

I'm not entirely sure what you mean? If you mean do they I have a ccj for it then yes

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Course, I see they have a HCW (Writ)

Why not make an offer to Marstons based upon an I+E now that it has gotten to this stage.

 

Did you defend the CCJ?


 

We could do with some help from you.

 

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Receptaculum Ignis

 

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No I didn't defend the CCJ. I let things get to me if I'm honest and buried my head in the sand :(

 

Could you explain to me what an I+E is please?

Thanks

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Income and Expenditure. Might be worth it.

But also you could try a variation order at the courts so they can set an affordable sum to pay this off.

 

It would stop any further action if agreed to


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Why wouldn't Anglian water just accept my offer to pay off the debt?

 

 

It just seems a little crazy.

 

 

I didn't know whether it would be a good idea to talk to Marstons.

 

 

I guess I should start there then and see what they say.

 

 

But I'm worried all they will be interested in is getting their fees?

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Because it is subject to a CCJ and also has now had Bailiff fees added to it.

I dont think there is much you can do with this one


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

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They cant apply for Banckruptcy now, that you can be safe off :)

 

Change to law happened this year where it was increased to £5000 :phew:

 

Is this subject to a court order by any chance?

 

Um, October that comes in isn't it?

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what letters have you had from marstons please?

 

 

their titles.

 

 

notice of enforcement one of them?

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Why wouldn't Anglian water just accept my offer to pay off the debt? It just seems a little crazy. I didn't know whether it would be a good idea to talk to Marstons. I guess I should start there then and see what they say. But I'm worried all they will be interested in is getting their fees?

 

Marstons will want their fees, but a lump sum payment and monthly arrangement should see this disappear very quickly.

I would submit an offer like 1k or even the full 1700 up front and then x per month.

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Most of the letters are the same thing really. They say that someone will be coming out to remove goods etc...

 

I had a notice of enforcement dated 19 March 2015.

 

I also had one hand delivered that said Balance including Enforcement stage 2 fee £2732.57p

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I don't have possessions that amount to £2700 so if they got an attachment of earnings would it be for £1700 or £2700?

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I thought it was later this year as well !

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Usually it would include the incurred costs too. Be careful that you are not in a job that can sack you for having a ccj.

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No I'm fine on that front. Thanks though

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so sadly the fees are correct.

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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But how do they justify £1000 of fees?

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Usually it would include the incurred costs too. Be careful that you are not in a job that can sack you for having a ccj.

 

Not so Grumps. Any Attachment of Earnings can only be set up by the court and in order for this method of enforcement to be taken, it would require Marston's to return the account back to the court. Once that happens, the enforcement power ceases and with it.....enforcement agent fees.

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But how do they justify £1000 of fees?

 

If is not the matter of 'justification'. The fee are outlined in statutory regulations (see link below).

 

The reason why the fees have risen is sadly answered by your own post where you state that you had ignored all previous notices and kept your 'head in the sand'.

 

The fact of the matter is that there is little point in looking back at the past mistakes. Personally, I would contact Marston's and make a sensible payment proposal.

 

http://www.legislation.gov.uk/uksi/2014/1/schedule/made?view=plain

 

PS: The fees are outlined in Part 2 but as the fees are for High Court debts you will need to add VAT.

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I've just had an unexpected call from Anglian Water saying that they will now accept my offer to clear the bill!

 

Does this mean that I'm in the clear or can Marstons still chase me for fees?

 

Thanks

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Unless anglian call of the bailiffs, then they will still chase for their fees. The claimant can, and sometimes do, ask the bailiffs to withdraw so its worth asking anglian if they will do that.

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Yes definitely worth it :)

Its a bargaining tool you can use, although a CCJ being involved does make it more tricky.

 

Wonder if Anglican have been reading the thread ^__^


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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