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    • we need the exact particulars of claim, not what you have put please.  
    • Thank you everyone for your quick responses I just wish I posted here in the first place    I probably shouldn't have filled in the claim form however on the letter it said I had limited time to do so and because I was dealing with CST law trying to come to an agreement with paying off the debt I didn't think it would get to this point and now I have probably made my situation worst. Of course, I would have posted here first before sending it off had I not been in communication with CST to set up an agreement.    I sent the letter back to the court as some point in early August, the issue date on the claim form is 28th July and the most recent letter I have received 'Notice of fast track' is dated 18th November    If I am honest I can't fully remember what I wrote word for word in my defence, it would have been along the lines of why I left, my reasons and the fact I returned to my old career in an office plus taking a pay cut to do so. There wasn't much room to write a long winded defence so I kept it relativity short.   The above document Andy has posted is the exact document I am now looking at very confused in what exactly I put where    I just want to re-iterate I never agreed with this money I owe due to the training bond but it has gone on for so long at this point I'm happy to set up a payment plan if the balance can get reduced or a small one off payment upfront and this is exactly what I was trying to do prior to receiving the most recent letter    I have had zero communication from CST law, Centrica advised me to deal with them directly and I was waiting for a response from CST with the offer we had put across to Centrica - I chased it multiple times the following weeks and they kept telling me they haven't had a response and when they do we'll contact you which they still have not   Ideally I would rather not give them any money however I feel like I am out of options at what I probably should have done years ago is attempt to get it reduced and set up a payment plan    Please let me know if I have missed any critical info out    Thanks again for everyones help    What is the claim for – the reason they have issued the claim? I left a British Gas apprenticeship within the first 12 months of starting and went back to my old career in an office , my reasons for leaving were down to the completely differant job role which I realised quikcly was not for me and it was impacting my mental health massively. The claim is for a training bond which was in a contract I signed based on a sliding scale Year 1 - £9,000 year 2 £6,000 year 3 £3,000     What is the total value of the claim? £13433    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No  Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Training bond due to leaving an apprenticeship before 3 years    When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? They have sent me a virtually signed document with the contract   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Centrica are claimant, CST law are dealing and the court   Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe so yes   Did you receive a Default Notice from the original creditor? I have had multiple letters like everyone else who has been on the forum over the years regarding this matter   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I am unsure, but when I left I had contested the original claim as I was dealing directly with Centrica’s collection team and they never got back to me after the final email I had sent and didn’t hear anything until years down the line   Why did you cease payments? N/A   What was the date of your last payment? N/A   Was there a dispute with the original creditor that remains unresolved? Correct I oringinally contested what was owed back in 2017 and gave my reasons for leaving and I assumed the matter was closed   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
    • OK thanks again Andy.   And understood 👍😉
    • Thank you for this. The first thing to be say is that this means that you are winning. It is pretty well unheard of in my experience for the bank to give way and finally return the money. The fact that they have done this under the threat of a judgement for breach of statutory duty indicates even more that they are worried about their position. Nowhere have they indicated that they have complied with the requirements of the Proceeds of Crime Act and informed the National crime agency. I don't believe they have and this is a very serious breach of statutory duty. Not only that it is a very serious breach of the FCA BCOBS regulations in that they are required to treat you fairly. Treating you fairly in this case means that they must comply with the rest of their statutory duties. It appears that they really haven't done this at all and that they have acted in an arbitrary way in disregard of the law and that they are hoping to get away with it. I find myself wondering how many other hundreds of people have been treated in exactly the same way – and you are probably the first ever to have stood up to them and to get them worried. I think I've already indicated that a press contact of mine in the Sunday Times would be very interested in this story. He has already run stories about the very poor standards applied by banks when deciding that their customers are involved in some fraudulent behaviour. The first thing to say about the letter which you have received is that they are trying to apply conditions to releasing your own money. It's your money and there should be no conditions and my suggestion is that you object to this. Secondly, not only are they threatening to continue to withhold your own money – but also they are saying that if they release it to you you will simply have the net figure without any kind of interest or compensation. It's clear that while they have had your money, they have invested it and earn money on it. They have probably been lending it out at between 16% and 20% and although the usual rate of interest is 8%, it seems to me that justice can only be served by repaying you your money plus the commercial rate of interest – at a compound rate. Normally the 8% is calculated at simple. Thirdly, they are not offering to pay you any compensation and clearly they are hoping to get away with it without any kind of sanction or not even a slap on the wrist.   Fourthly, they had the nerve to impose a seven day deadline. Don't worry about their deadline. It's a load of huff and puff. This is all part of their bluff game designed to intimidate you. At the end of seven days – what? Are they then going to insist on going to court?   If they really believe that they had done everything correctly and that the money was fraudulent, then they would not offer it to you back under any circumstances. It would be illegal for them to do so. You can be certain that these people do not want to go to court. In fact they probably wish they had never started.   Finally, they want the matter to be kept confidential – and I can't say I blame them. I would be ashamed if people knew that I had treated somebody else in this way and I'm sure they are worried about reputational damage. I'm also sure that there are extremely worried about what will happen if you get a judgement against them for breach of statutory duty. It will have to be reported to the FCA. It will have to be reported to the NCA. And of course it should be reported to the newspapers because people need to know what is going on. If you want, you can simply accept their proposal – get your money back, given confidentiality – and that's the end of the matter. However, you have no idea how this will impact on your record in the future. I imagine that they will bar you from ever opening an account with them again. – But at least you will have your money and you can get on with your life. However, if you want you can stand your ground and make it clear to them that you are going to be mucked around and treated like this and that you are prepared to go to court if they won't make a proper offer. I understand that you need to pay a court fee of about £350 in the next seven days. I expect that the bank is making this offer now hoping to dissuade you from spending any more money and hoping that you will back down. If you have the money to proceed then I would suggest very strongly that it will be a very serious sign of strength that you tell the bank that you're not interested in that you are paying the fee for the next stage of the court process. If the bank knows that you've called their bluff on this and that you have been prepared to invest further money in moving this legal action forward, then they will start to reflect and I can perfectly well imagine that they will make you another more interesting offer – once again on conditions of confidentiality. Without seeing any further offer, I'm already suggesting that you will probably be best off turning it down. In any event, I would remind you going back several months that I already predicted that the bank would make you confidential offer – and that has happened. I'm not saying that I'm always going to be right here – but I think that now basically the bank have pretty well admitted that they need to pay you your money, there is no chance of you losing it. You will get your money and it really is just a question of how much else you will get in addition. If you'd like to continue then let me know and I will suggest a draft response to them.
    • The cost of living in Britain over a person's lifetime is over £1.5m, new findings have claimed as the nation feels the squeeze amid soaring energy costs and dismal interest rates on cash savings.View the full article
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Neighbours trespassing private car park


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We have a 6 ft metal fence around the car park with a pin code lock on the gate. This car park is solely used for staff. Few months ago our neighbors started building flats/apartment next to our property. Somehow the builders has got hold of our pin code. We told them they are not allowed to use the car park. After several months of using it and leaving trash inside the car park, we have had enough. They were dragging heavy equipment through our roof and trespassing the car park without any consent. We changed the pin code last week and yesterday they broke down the fence.

 

I've contacted the police and they said unless we have caught them in the act or have any evidence to prove that they were the one that broke in, then they can't do anything.

 

What should I do? We tried speaking with the neighbors but they are just the tenants and are unable to pass the landlord contact details to us.

 

I'm thinking of installing a CCTV and then perhaps hire some sort of private parking company to enforce it?

 

I will also try and get photos of them inside the car park. But when we last confronted them about trespassing the property, they laughed and ask what are we going to do about it. They seem to be Eastern European and have very broken English. They said they will get their boss to come over and discuss it with us but he never turned up.

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I was thinking of just getting a cheap wifi webcam and put it on the window overlooking the car park.

 

I called the non emergency number and just logged a crime case. I didn't ask them to come over as I didn't see the builders there this weekend. However they have only started building the flats so it will take sometime and I'm sure they will continue to dump the trash in the car park and use our roof to store their machinery. Which is a bit of a problem because the roof is fragile and nearly 20 years old.

 

This would've been so much easier if the landlord just notify us in advance and that they will pay for any damage done to the roof / car park..... We don't mind them using it if they have asked us.

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Hi

I wonder if this is 'reasonable cause' to approach the DVLA to get the vehicle keeper details? They are trespassing on your land and it is fair to assume they have done the fence so a good quality camera which can be used for identification purposes and possibly catch them in the act of breaking in which is a criminal offence. I would make sure the camera is as covert as possible but ensure it only covers the land and the gate area.

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Yes CCTV would help

 

Private parking waste of time

If they are storing machinery on the roof it is potentially making it unsafe and could fail

 

Generally a roof is not load bearing and designed to take its own weight so should not be used to store equipment

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the builders are obviously working for someone-the landowner next door- so your approach should be to them. Get a solicitor to fire off a letter threatening them with an injunction unless they make the builders cease their activities affecting you and make good the damage as they are responsible for the builders' behaviour. In the long run it will cost you a few quid for an injunction but the court order will also include all of your costs and the landowner will have the threat of jail hanging over them if he doesnt comply so he will.

Did it a couple of years ago regarding a tenant of a property next door to one of mine and it cost me £8k in legal fees but I got the money back within a week as the next stage was to have a charge put on the property and then seek bankruptcy. The tenants left shortly afterwards, no doubt as a result of the threat of prison ( contempt of court) if the owner didnt stop their behaviour.

The solicitors letter should be enough if it is worded strongly.

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I would make sure the camera playback quality was good enough if do buy a cheap web cam, as picture quality can vary, if they need to be identified.

If the police visited and saw the 'Boss' it might stop it, depends on the local police.

Around our way they would make a visit

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Change the PIN on the gate.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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Now with the Beavis case heard and settled, maybe if you put up signs for your carpark and added terms and conditions you can safely add a charge of £85.00 per breach of contract, It has been decided the amount of money charged is ok. So set your fee and then maybe get some good money for your problem? Thinking out loud here that's all. Crazy but legal maybe?

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Okay I went there to inspect the damage this afternoon. They removed part of their fence and replaced it with a wooden door into our car park. They put a skip inside there property but it is impossible to do that unless they move it through the car park. I've logged the case with the local police and they will go and investigate. Although there is no CCTV footage, it is impossible for them to move a skip into their side without trespassing.

 

I'm going to try and reach out to the neighbor landlord again. I'm not even sure if he/she knows what is going on as I haven't been able to get hold of them. I'll ask the tenants to pass the letter on. I don't mind them using the car park but they are damaging the roof, fence, gravel and leaving rubbish around.

 

Then I'll change the pin back so that the builders will continue to access the car park so I can take photos of them and jot down the number plates.

 

The police will come next week and investigate, hopefully they will have enough evidence. If they don't then we will get CCTV installed.

 

I'd prefer to speak to the landlord first as this is a small village. Everyone is fairly friendly and nice. I'm sure he/she doesn't know the builders are trespassing and hopefully if I ask nicely, they still stop breaking into it. If they don't then I'll get an injunction.

 

Thanks for all the advices!

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They tried that

 

Doh! What a dimwit. Should have read it properly!

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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We have a 6 ft metal fence around the car park with a pin code lock on the gate. This car park is solely used for staff. Few months ago our neighbors started building flats/apartment next to our property. Somehow the builders has got hold of our pin code. We told them they are not allowed to use the car park. After several months of using it and leaving trash inside the car park, we have had enough. They were dragging heavy equipment through our roof and trespassing the car park without any consent. We changed the pin code last week and yesterday they broke down the fence.

 

I've contacted the police and they said unless we have caught them in the act or have any evidence to prove that they were the one that broke in, then they can't do anything.

 

What should I do? We tried speaking with the neighbors but they are just the tenants and are unable to pass the landlord contact details to us.

 

I'm thinking of installing a CCTV and then perhaps hire some sort of private parking company to enforce it?

 

I will also try and get photos of them inside the car park. But when we last confronted them about trespassing the property, they laughed and ask what are we going to do about it. They seem to be Eastern European and have very broken English. They said they will get their boss to come over and discuss it with us but he never turned up.

 

It took you months to change the pin code? :?::???:

 

These builders don't care about trespassing or causing criminal damage and you think a PPC sticking an invoice on their van will stop them?

 

Confronting the landlord is the way forward along with any police action you have instigated imo.

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Now with the Beavis case heard and settled, maybe if you put up signs for your carpark and added terms and conditions you can safely add a charge of £85.00 per breach of contract, It has been decided the amount of money charged is ok. So set your fee and then maybe get some good money for your problem? Thinking out loud here that's all. Crazy but legal maybe?

 

How does the Beavis case relate to this situation? The car park is for staff not the general public...

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Hi

 

Please remember that the Landowner that is building the Properties is the one that is liable here as they will be the one that has employed the services of these different contractors to build the Properties so you need to approach them and put everything in writing, keep copies, get free proof of posting from post office and keep a good paper trail.

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Personally, I'd get a large concrete block barrier delivered to block anyone using the wooden fence they put up, blocking in the skip and costing them money. Leave a sign up for them to contact you for access to the car park, along with an invoice for the damages.

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The reason for my post was this. It's a private car park so you can now lawfully place signs up station g any breach of the T&C's you can charge those breaking the rules a set fee. Simples...

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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The reason for my post was this. It's a private car park so you can now lawfully place signs up station g any breach of the T&C's you can charge those breaking the rules a set fee. Simples...

 

 

You could before the Beavis case.

 

This is a private car park not open to the public, so any unauthorised parking is trespass.

 

Simples... you say? I don't think you understand the Beavis case or judgement really.

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i would suggest a IP camera

there is very good software called Ispy for recording from IP cameras - and its free unless you want high tech settings like face recognition

 

i had a cheap £30 foscam/sricam/netwave (there all the same just differnt names) and thats fine for recording in the day and has good night range as well

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  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

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