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    • Hi. Thanks very much for taking the time to read and respond to this post. I was a CAG member many years ago under a different username and I think it was you that helped me then, with a few DCAs. Thankfully, with help from this forum, that's all behind me now. Anyway, as far as this issue is concerned; the only reason that I contacted the manufacturer is because they just would not deal with me at all unless I did so, so even though I knew they were in the wrong (and I told them so many times, quoting CRA2015) I just thought that it might make it easier if the manufacturer would put it in writing that there is a fault. To be honest, at the start of all of this I assumed that Currys were still the excellent retailer that I was used to and have been using since I can remember. I don't really know when they started, but I am pretty sure that I have been buying from them since the 80s (a walkman I think - showing my age there!) although I hadn't done so more recently. I honestly thought that when the manufacturer confirmed that there was a fault Currys would do the right thing. I am shocked at how terrible they have become. I have attached my LBA. I downloaded the template for this from the Which website. It's slightly different to the last time I used an LBA, against a car dealer. There's a bit in there about Paypal. Unfortunately I used Paypal, in hindsight I wish I had used a credit card because I could probably then use section 75 (another thing I learned from CAG a few years ago).  Again, I didn't foresee any problem with Currys because of my history with them. lba currys.docx
    • once your debts were defaulted , paying or not or paid or not the defaults are there for 6yrs. you've been had blind..     which toward going to stepchange was the biggest mistake you made.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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Hi

 

I recently went for a mortgage and got refused saying that I had a CCJ against my name.

 

It turns out that I got a parking ticket in 2012 which I was unaware of,

the correspondence went to a previous address

 

 

I have now a CCJ against my name for £1540!!!

Issued from Northampton Court in December 2012.

Yes £1540 for interest on a parking ticket that was probably £25 to start with.

 

I had no knowledge of this ticket,

no knowledge of this ever going to court,

and there is no way I am going to pay that amount for a parking ticket.

 

As this was all issued to the wrong address

is there anything I can do to get this off my record

as it has tipped by credit rating into "poor" status?

 

I honestly can't believe I knew nothing of this for over 3 years and now it has royal screwed me up.

 

Any help would be really appreciated.

 

Thanks

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You may be able to apply for set-aside.

 

Start off by contacting the court and getting all the information you can about the judgement. Tell the court that you have never received any papers about this and that you would like a copy all the documents involved. They should be able to email this to you by the end of the week.

 

Also, you can search this website http://www.trustonline.org.uk/and get details although it will cost you a small fee.

 

When you find out more then come back here.

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I take it this was a private parking ticket

and that you at the time must have moved

and had not updated DVLA with a change of address

if you were driving your own car at the time

as they get the info from the DVLA

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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It is common for the parking co's to leap at the opportunity a change of address

gives them to issue a claim to an old address that was correct at the time

but they know to be incorrect at the time of the action

- usually the new householder sending letter back marked gone away.

 

Appply for set aside and as this claim will be for a pre-POFA event you will win the rematch.

 

 

You need to fill out a N244 and pay a fee but you will get your money back

if the parking co want to go for the claim again.

 

 

If they dont £150 odd is not too much to pay to clear your name and get a mortgage.

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Thanks for the advice!

 

 

I was parked in a permit only parking slot at the road.

I failed to see the permit only sign, my own fault.

 

 

The car was there over night so I can only think that a traffic warden (or whatever you call them now)

put a PCN on my window and someone thought it would be clever to rip it off (just a guess).

Yes I had recently moved and not updated the DVLA.

 

I have emailed the courts as suggested for the info but not heard anything yet.

 

So, your saying the best course is to just go for a set aside?

 

Isn't there a chance they will just go after me again

as Noddle staes -

 

Case 2xxxxxxx - County Court Judgment - Active

Judgment date 03/12/2012

Amount £ 1,540

Court name Northampton

 

Thanks again

Edited by havinastella
Case number showing
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I take it you updated DVLA now?

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

the set aside will make them state their case

and then it will be decided on its merits along with your defence.

 

 

If it was just a private parking co you will win and we will guide you as to how.

 

 

If a proper council PCN then you will get the chance to either appeal the original ticket

or cough up the corredct amount.

 

 

The council would have sent the bailiffs round by now if it was the case so I imagine it is the former.

 

I would apply for a set aside as you can rest the clock

and lose the CCJ from your file even if you have to pay the fee plus £80 for the original PCN

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OK, thanks for the advise!

 

 

This is for a council PCN.

 

 

I have looked into the set aside procedure and still am a little confused (sorry).

 

 

Is it the N244 I need to fill out?

 

 

And if so I am not sure of the information I need to provide like the claim number, warrant number etc.

 

 

Or shall I wait for the courts to get back to me with the relevant info on the case?

 

Thanks

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are you SURE this is a council PCN?

they don't issue CCJ's for those

they issue fines..

 

 

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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Share on other sites

ring northants bulk and ask.

 

 

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... 

Link to post
Share on other sites

Hi again,

 

So this came as a bit of a surprise.

 

This actually wasn't for a parking ticket as I thought.

 

It was actually for a bank account I went in arrears in when I was made redundant in 2008.

It was with Lloyds TSB who closed my account three months after I couldn't keep up with them

and past it on to various debt agencies.

 

I was getting letters from so many different collection agencies

I didn't know who to pay at the time.

Any way it ended up with Westcott.

 

This is what the courts emailed back to me -

 

In response to your email, please see below the details you have requested.

 

Claimant

LLOYDS TSB PLC LLOYDS TSB PLC

 

Claimant Solicitors

WESCOT CREDIT SERVICES LIMITED

Tel: 0844 8241158

Ref: DM/31xxxxxx5

 

Particulars of Claim

THE CLAIM IS 1365.47 BEING MONIES OWING TO THE CLAIMANT IN RESPECT OF A CREDIT AGREEMENT

BETWEEN LLOYDS TSB PLC AND THE DEFENDANT UNDER ACCOUNT NUMBER 25xxxxxxxxx7.

THE AGREEMENT WAS TERMINATED AS THE DEFENDANT FAILED TO MAINTAIN THE AGREED TERMS.

 

IN ACCORDANCE WITH THE PRE-ACTION PROTOCOLS THE CLAIMANT HAS ATTEMPTED TO CONTACT THE DEFENDANT

AND AGREE A REPAYMENT PLAN. T

 

HE DEFENDANT HAS FAILED TO RESPOND OR MAINTAIN A SUITABLE ARRANGEMENT

AND THE BALANCE OF 1365.47 REMAINS DUE AND OWING FROM THE DEFENDANT TO THE CLAIMANT.

 

AND THE CLAIMANT CLAIMS INTEREST PURSUANT TO SECTION 69 OF THE COUNTY COURT ACT 1984

AT THE RATE OF 8% PER ANNUM FROM 05/11/2012 TO 07/11/2012

TOTALLING 0.30 AND THEREAFTER AT A DAILY RATE OF 0.30 TO DATE OF JUDGMENT OR SOONER.

 

I hope this assists you with your query, but should you require any further assistance, please do not hesitate to contact us.

 

Still I had no clue this was going to court as the correspondence was going to the wrong address.

 

I still can't believe I have only just found out about this from looking on Noddle.

 

 

Is there anything else I can do?

 

Thanks

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so when was the judgement handed down?

 

 

If after 6 years after the default date you ask for set aside and say that it was statute barred.

 

 

They will then not be able to restart the action after the set aside.

 

Looks like debt assigned to Westcotts in 2012

 

 

so did you pay anything to anyone before that date and after Lloyds closed the a/c?

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thread retitled and moved

 

 

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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Share on other sites

wescot are not sols.

and the claimant was Lloyds?

that's rare.

when date was it again?

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... 

Link to post
Share on other sites

Lloyds TSB handed it over to a debt collection agency, not Wescott to start with, I can't remember who though, around mid to third quarter 2008.

 

According to the email from the courts the date of CCJ was 05/11/2012 (I think) for £1365.47

 

Noddle says Judgment date 03/12/2012 Amount £ 1,540

 

On these dates in 2012 I was not living at the date stated, that was a previous address.

 

Thanks

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if you didn't update your creditors

then that is not a reason to set aside alone

 

 

you'll need a defence for the actual claim too....

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... 

Link to post
Share on other sites
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