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    • Hi PJB,   Make sure you keep the email safely.   I would now send a written letter to the gym manager (or their Head Office if you know the address, Croydon ??) saying :-   Dear sir or madam,   Membership at xxxxxx gym   I refer to my membership for which I paid up front in November 2019.   In your email of xxdate, you confirm I will be refunded £74.07 to compensate for the facility being inaccessible for me due to location.    So far, you have failed to make the refund as stated, despite me contacting you several times and being given various excuses.   I now require that you refund me as agreed to my PayPal account within 7 days. The details of the account are :-   Name xxxxxxxx Sort Code xxxxxx Account No. xxxxxxxxxx   If you fail to make the refund within 7 days I will look to recover the amount via the Court system.   Yours faithfully,   Send by post and get a free Certificate of Posting at the PO Counter.
    • CAG is a self help, learn and help other's on the way soet of place, Minster baywatch will have made errors with their processes, and there will be flaws in their argument A start on the letter might be:   Dear Minster baywatch,   Your Letter Before Claim is laughable You know now that I know your case is pants, on several heads not least as the signage is invisible at the time you issued your invoices, and the driver therefore could not accept a contract he can't clearly see the signs with the T & C's clearly indicated.  In fact the signage is laughable and cannot form a contract, due to its illegibility in the dark, in the night.   Something like that if indeed the car was parked in the dark, signs unlit.  Read up on some ericsbrother letters, and adapt them to rebut the circumstances on the Invoices they issued you.  INVOICES not FINES/
    • To be blunt, the fact that you haven't read similar Minster Baywatch threads now results in you getting it all wrong and being terrified of next to nothing.   A very well known legal company?  You're having a laugh!  Well known legal companies don't waste their time on private parking companies, you're dealing with bottom barrel-scraping solicitors.   You can't compete with a standard letter of which they send out hundreds per week?  Eh?  A Letter Before Claim isn't exactly complex.  "LETTER BEFORE CLAIM  Dear So & so, you owe me money, pay me within 14 days or I'll take you to court".  Not really difficult.  You don't need to be a top barrister to knock one of these out.   What does put you in an iffy position is that you have three of these tickets which will mean Minster Baywatch will be seeing more £££ signs than usual.  You need to start putting some work in otherwise yes, they will take you to court.  We would like to help you avoid that but you need to roll your sleeves up.
    • Their website was a mess yesterday on Black friday, will take them weeks to recover probably.
    • I know it will take me over the 12 points but I have mitigating circumstances as I suffer with Septic Arthritis and I can't walk long distances and have to attend hospital appointments for treatment I live on my own so I don't have anyone to drive me or help me .  I can get medical records and evidence from the hospital that I suffer with Septic Arthritis and I can show pictures from the hospital when I had my last attack.     My age is 68 I only use my car for shopping, hospital appointments and visiting the cemetery.    They originally sent me 6 speeding tickets but when I checked them 2 of the tickets were at the same time same speed and same date but 2 different notice numbers .  When I contacted the safety camera unit and explained this they immediately cancelled one of the tickets so that took it back to 5.  Should they have cancelled the 2 tickets as we do not know which one was the correct one.  They put a new camera up on the road with no white lines so I didn't see the camera as it was very high up and there were no white lines on the road but when I went back to check there were some small silver dots on the road.    Many thanks for your helpful advice as its very much appreciated  
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unknown Arrows/restons CCJ - Now N56 Statement of Means


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I have completed an N56 Statement of means form for a debt in my name.

 

I have a letter from Restons stating that they note I am married but have detailed no income for my spouse and to fully assess my offer of repayment they need to have sight of the whole household income. Is this true?

 

The debt has nothing to do with my husband.

 

I should also note that the court has thrown this out as I am self employed, earning little or no income.

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Have you a running thread on the full story already?

Rectums will always try it on

Did you lose the claim then?

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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Thread moved to Financial Legal Issues.

 

Yes you must list the household income in total ...but only yours is taken into account on the final calculation.

 

Regards

 

Andy

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Thank you Andy.

 

I have no previous thread on this as I had no knowledge of it.

 

The claim is for Arrow Global?

Apparently I had a CCJ for this, which I was not aware of.

 

It dates back to 2009 apparently ,

I have nothing on my credit file, but obviously it would have disappeared by now.

 

I only moved house last year, and still have a redirection on the mail from my old house, but have never received any communication regarding this.

 

Out of the blue in early December I received an N56 from the court seeking an attachment of earning for a debt of just over £6,000.

 

It looked pretty scary as in, if you don't reply you could be arrested.

 

I replied, stating I was self employed, provided details of my income from my self employment and a note to say, I have no idea what this is about.

 

I then got a further communication from the court to say that as I was self employed there would be no further action from them.

 

I then received a letter from Restons over the Christmas period stating that if I don't supply them with my husbands income details they will apply to the court for enforcement by way of a Warrant of Control.

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Ah ...good job you explained so you have already done the N56 and as you are self employed...its useless.......under no circumstances must you reveal anything to Restons.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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urm..outside of 6yrs?

they cant enforce it?

 

 

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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What Month from 2009 did they attain judgment ?

 

How much was the Judgment for ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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OK called the court. The Judgement was granted by default in June 2010, by default, and for £6900.

 

How does this effect anything ? And what should I say to restons. They say in the letter they will apply for a warrant of control.

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Well its over 6 years since the judgment so if they wish to execute by way of a Warrant of Control they will have to make application with hearing (£255) to request permission and explain why they have left it for this long period to execute the judgment.

 

An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable.

 

The term “action” only applies to the commencement of fresh proceedings on a judgment,

it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies.

 

However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

 

Court permission is required to enforce a judgment debt that is more than 6 years old.

 

In a particular case of Warrants of Execution/Control, these must be renewed after 12 months if they have not been enforced.

 

Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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why?

 

 

I suggest you go read andy's reply again...carefully!!:-)

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

I would

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

Simply wait and see if they wish to pay £255 and make an application...the court will inform you if so.....otherwise...ignore them.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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  • 1 year later...

that's good!!

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
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