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    • 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.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
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Backdoor CCJ - Lowell/Carter re:Shop Direct CAT debt - now +5yrs old - should i be worried?


Anonuser
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they should not be interfering with your request.

 

 

you write back or email

and tell them you want ALL the information for your personal records.

 

 

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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Thank you.

 

From what I can see so far, all my old addresses at the time are registered on the statements. (Aside from the one the CCJ was sent)

 

My current address (on my credit report) has me registered on the electoral roll since 2014, so not quite sure why Lowells sent it to an older address as they have been sending me debt letters to my new address every month since.

 

So in between sending letters to my new address they decided to send the CCJ to my old address.

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I need some help please, I'm going through the statements and can see that the majority of payments have 197k, 174g and 164g which given the layout is all very confusing. I can see they're some type of charges.

 

I'm not sure how but one is 174g - Administration £110.00, with 12x £12.00 for each statement, in total I'm seeing £454.00 for the CCJ debt in question, and that's just one account. I've notice that on another, there are charges in excess of £100+ for one statement!

 

 

 

Thanks.

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An sar must provide a list of abbreviation s

Is there one?

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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upload

a few of the statements if you like

 

but typically the penalty stuff you are looking for is the fixed sum stuff = £12 etc

 

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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  • 2 weeks later...

Apologies for the delay, just got my broadband installed. I've uploaded a couple of statements, hopefully of some use. Still confuses me a bit so should shed some light on my last post.

 

Another issue is that the CCJ amount pre/post fees still isn't matching up to the amounts shown on the statements (give or take a dozen or so quid)

 

Thanks.

FullSizeRender (9).pdf

c01.pdf

FullSizeRender (10).pdf

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I see wht you mean

 

 

if its says admin and its a uniform sum

id reclaim it

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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Share on other sites

get the cisheet done and upload it

 

pers id be sending them a copy of it too  with a stern letter bugger off its all charges and more

 

 

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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Just had a quick search, guessing this is the " Case Management Information Sheet"? What are the chances to get the CCJ gone?

 

This will give me something to do this weekend.

 

Thanks once again for the great help.

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no anon, the CIsheet is the compound interest spreadsheet to list all the unlawful charges on which can be d/l from the library

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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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Share on other sites

Thanks so much guys, I think I will leave the PPI charges until last.

 

Where would I stand with getting the CCJ removed so far?

 

Where would I stand in terms of the address receiving the CCJ where I didn't live anymore and not receiving it to the new address.

 

I understand this would mean me possibly going to a court but I want to build as much info as possible to get this stain removed.

 

To add, I'm trying to figure out when the last payment was on the statement and any further advice please on building a case? It's obvious they knew my address while sending the CCJ to an old one.

 

Please link to any similar threads you know of.

 

Shameful bump.

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Not much further to advise really Anonuser ...go the Legal library download the N244 ...complete it request a set a side and pay the fee.

 

Andy

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We could do with some help from you.

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Yes if you have proof they knew then that forms part of your defence and you should attach the evidence to your defence.

We could do with some help from you.

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  • 2 weeks later...

Andy, thanks. Finally time to get some stuff sorted.

 

I've had a look at the N244, as well as trying to put together a draft for a case.

 

 

How does the following sound (long story short etc)

 

-CCJ issued on 06/10/2015 at post code XXX,

however I registered on the electoral roll at current address XXX on 17/02/2014 to date.

 

 

Between this time I have moved several times and have had Lowels/Carter sending me letters to each address.

This would show that the DCA would have had my latest address at the time of issuing the CCJ

as my information would have been available.

 

Reading similar posts I've noticed that no one 'notifies' the DCA's of new address,

wouldn't this count as putting yourself on the register?

 

Thanks.

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Dont forget to quote the relevant CPR.....in this CPR 13.3

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

 

I wouldn't advocate inform the DCA either...you inform the original creditor.

We could do with some help from you.

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Thank you. Still in the early stages but will give a read.

 

Does my reasoning sound like it'd stand a decent chance?

 

I'm guessing I can gain copies of when I applied to be on the register.

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I don't think I've ever seen the fact that your new/correct details were on your cra file at the time of a claimform being issued working in this instance concerning a defence for a set aside?

 

I believe they are quite legally allowed to file to the last know address you notified the original creditor of?

p'haps andy will comment.

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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