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    • i point you to two threads whereby you'll see an explanation by andy (post 22 here) https://www.consumeractiongroup.co.uk/topic/410486-lowell-interim-charging-order-from-credit-card-debt-2009/?tab=comments#comment-4912902   and   https://www.consumeractiongroup.co.uk/topic/406428-remortgage-issue/   if yours says:    written notice of the disposition was given to XX Council ( - disposition = sold vis: disposed of) ..... notice means letter telling them it's been sold -    doesn't say it must be paid or settled BEFORE disposition..   that's the way i read it.          
    • dx100uk   You are absolutely correct. That's exactly what the wording is! And if that's the case then - happy days for me! However, I thought that:   1. This wording meant the conveyancing solicitor had to tell the council that the house was about to be sold so they were aware!   But you are saying that the council only needs to be informed AFTER the house has been sold? Can I tell the council that? [I think I've seen something on the internet that says I can, rather than the CS] Or do I need the conveyancing solicitor to contact the council?   2. That this wording wasn't a restriction K [as I'd looked at Schedule 4 of the Standard Forms of Restriction] and tried to match my wording to those listed - and thought restriction K was the closest.     3. That this was a non-standard restriction [and that's what the Land Registry told me too and that the restriction was not a Restriction K!!! [see extract below]   Please remember that when applying for a restriction not in standard form:   it must always contain the words ‘is to be completed by  registration’ rather than ‘is to be registered’. This will serve to make the effect of the restriction clear. The term ‘registered’, where used in any of the standard form restrictions, means the completion of a registrable disposition by complying with the relevant registration requirements prescribed in Schedule 2 to the Land Registration Act 2002 (rule 91(3) of the Land Registration Rules 2003), but this statutory definition only applies to standard form restrictions. Please note that we will not accept restrictions not in standard form for registration that contain the words ‘is to be registered’   So I'm confused now. IF it is a restriction K - then the conveyancing solicitor doesn't have to do anything and I can let the council know.   It seems it is dependent on the wording 'completed by registration' and 'is to be registered'???   Below is copied from Martin's MSE.   This relies again on the 'is to be registered' whereas my wording is ' completed by registration' which you say is restriction K and LR says is not.   I need to go to sleep now!   Thanks dx.   Extract from MSE below.   If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction. The laws on Restrictions are totally different to Orders, the most important being there is NO OBLIGATION for you to pay any of the proceeds of the sale to the creditor. However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to deceive you believing you are stuck with a CO. However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them Quote: Restriction The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of /I]an interim[I/I]a final[I charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).        
    • Hi Tony,   Please ensure YF does NOT acknowledge any debt  when confirming their new address.   They should simply state, " Please note my new address, as shown above."   Do not say anything about "a debt owed", or "the money you are chasing."   Do nothing that resets the SB Clock - ie acknowledging the debt and causing probs for the next 6 years. 
    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
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bluebox39

PCN issued by Athens (t/a AS parking)

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Well, letter sent today, certificate of posting provided by post office.

 

I have managed to get hold of a sign in the car park today via a family member there... would you believe it... look at the bottom left of it... "BPA"... you fail!

 

 

391C18A8-7400-4DAC-A551-9B4080F4BCFE.jpg

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Well, Im back, the jokers have replied to my letter with this.... Apparently the NTK was POFA compliant, and there will be no appeals process, nor no further correspondance regarding this.

 

Now im, not being stupid (or am i?) but im relativly sure the POFA section 4 states i have 28 days from date of NTK issue to appeal this, NOT from date of PCN issue?

 

ERM.... HELP?

 

D5233AA1-A177-4DA1-AFA0-DFE74BC932F3.jpg

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The NTK is not POFA compliant. And as RK you have not been allowed access to an IAS, which again is not POFA compliant.

 

 

There is no keeper liability. You can ignore any further demands for money from them or any toothless debt collector they pay to scare you...

 

 

Do not ignore a LBA though, but if you get a real one I will eat my cat.

 

 

You could send them one further letter referring them to ' Arkell vs Pressdram '.

 

 

http://www.lettersofnote.com/2013/08/arkell-v-pressdram.html

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The NTK is not POFA compliant. And as RK you have not been allowed access to an IAS, which again is not POFA compliant.

 

 

There is no keeper liability. You can ignore any further demands for money from them or any toothless debt collector they pay to scare you...

 

 

Do not ignore a LBA though, but if you get a real one I will eat my cat.

 

 

You could send them one further letter referring them to ' Arkell vs Pressdram '.

 

 

http://www.lettersofnote.com/2013/08/arkell-v-pressdram.html

 

Hahahahahahahahahahahahah

 

Yea, I thought just as much, the letter today has just sealed there fate in my eyes.

 

I'm going to keep any letters I get sent, adding them to the current ones, with the NTK & PCN, then should it get escalated to a court appearance I'll throw it at them along with my expenses form.

 

Thanks for clarifying it for me though, and all help received so far in this case.

 

Naturally I'll keep you all updated!

 

👍👍👍👍

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I have had the same letters and nonsense from the AS(s) Parking clowns.

I wonder if he would like me to claim for 600 mile round trip to the court in Truro if he went down that route and lost :D

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I have had the same letters and nonsense from the AS(s) Parking clowns.

I wonder if he would like me to claim for 600 mile round trip to the court in Truro if he went down that route and lost :D

 

You would get to choose your local court if a real court papers were issued against you.

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where were you "ticketed" Dest?

 

i've been doing homework on these jokers, i look forward to recieving court papers, Should they actually every arrive that is, just to choose my local court, cause them the 830 mile round trip to give evidence, as WHEN i win it, (for the excellent help and advice i've recieved on this site) i'll also be putting a claim in for expenses, and harrassment. might not get anything from it, but there face though ;)

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Sorry for the delay in replying, I didn't get any notification of replies.

I got my ticket in Perranporth promenade car park

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OOOOOOOOOOOO

 

this months update...

 

Those pesky chaps at AS have sent my case over to those jolly fellows at Debt Recovery Plus ltd.

 

i've recieved a lovely red letter today stating i owe them £149.99 for this original ticket...

 

On the plus side, the letter made a fantastic fire starter this morning :)

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OOOOOOOOOOOO

 

this months update...

 

Those pesky chaps at AS have sent my case over to those jolly fellows at Debt Recovery Plus ltd.

 

i've recieved a lovely red letter today stating i owe them £149.99 for this original ticket...

 

On the plus side, the letter made a fantastic fire starter this morning :)

 

You'll probably get one, maybe two more letters from DR+. Then it will be on to zenith who will be able to offer you a reduced payment....

 

You can ignore any toothless debt collector as all they can do is send junk mail.... but you should keep all letters from [ problem ] who are demanding money from you.

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I got one too :)

Might fire up the wood burner as its getting a bit chilly

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