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    • ps i doubt the PCN says macdonalds?? MET dont operate a reverse trespass car park for mc'd's parkers going to starbucks...(occupants left vehicle claim) they only do that for the starbucks part  i bet you parked in the starbuck side and walked to MCd's? dx    
    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
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My son got a CCJ which has now gone to a Warrant of Control,


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I am not sure this is the right place so please excuse if I have posted wrongly.

 

Does anyone have a link for a Statutory Declaration please to cover the goods in my house?

 

My son got a CCJ which has now gone to a Warrant of Control,

I am expecting the Bailiffs any day,

 

I know if they take something and I can prove it is mine afterwards I can have it back,

I stupidly don't keep receipts after 6 months if something is working okay and I have little to show in way of paperwork if they turn up.

 

I was told if I show a Statutory Declaration they cannot take anything but I don't have the £105 I am being quoted.

 

My son has now moved to Spain and I should imagine they won't care and try to take what they can for the debt?

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when did he move to spain

and when was the CCJ granted

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 is the debt and consequential CCJ for ?

 

Andy

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I am not sure this is the right place so please excuse if I have posted wrongly.

 

Does anyone have a link for a Statutory Declaration please to cover the goods in my house?

 

My son got a CCJ which has now gone to a Warrant of Control, I am expecting the Bailiffs any day,

 

I know if they take something and I can prove it is mine afterwards I can have it back. I stupidly don't keep receipts after 6 months if something is working okay and I have little to show in way of paperwork if they turn up.

 

I was told if I show a Statutory Declaration they cannot take anything but I don't have the £105 I am being quoted.

 

My son has now moved to Spain and I should imagine they won't care and try to take what they can for the debt?

 

In order to provide an accurate answer, I will need to ask a few questions. I hope that you don't mind.

 

I am assuming that your Son knows about this CCJ. Has he made any attempts to pay or is he ignoring the matter as he is now in Spain?

 

How do you know that a visit is due to take place?

 

Did you know whether a County Court bailiff is looking at making a visit or whether the CCJ has been passed to a High Court Enforcement company to enforce?

 

How much roughly is the CCJ?

 

You say that you have been quoted £105 for a Statutory Declaration. Would you mind letting us know who is wanting to charge such a fee?

 

Depending on your response, my advice is that you should not have to consider getting a Statutory Declaration UNLESS you were looking at letting a bailiff into your home (which frankly, is not to be recommended). This is not a court fine and accordingly, the bailiff would only be able to gain entry by being invited into your home.

 

Please post back with answers to the above.

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He got the debt a month ago and moved to Spain last week at the same time the notice for the Warrant of Control came through

 

But we still do not know what type of debt to enable us to advise the the best course of action :???:

We could do with some help from you.

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Thank you for all your answers.

 

My son was made unemployed a while back.

He went to a pay day loan thinking it wouldn't be as much as it was to pay back.

He fell behind on his rent and prioritised rent and repayments to other things,

couldn't keep up with the increasing payments and then they issued a CCJ while he was trying to negotiate repayment. I know what he did as I did the letters to the company for him.

 

It has gone to the County Court Bailiff and the only thing I know is that on May 24th he got a letter to say they were going to apply for a Warrant of Control.

 

 

My mum lives with me and I have had a dreadful job trying to make her realise not to let anyone in, hence me asking about a Statutory Declaration.

 

 

I was advised to do that by the debt people; Step Change I think it was.

It was a solicitor who told me she would do the Declaration for £105.:!:

 

I know the powers of debt collectors but I am a little bit grey on the powers of County Court Bailiffs, any advice or pointers would be much appreciated.

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as long as it court bailiffs they are your friends

unlike the HCEO's you see on tv

they are NOT commission based .

 

 

if you were to tell him and prove your son now lives in spain

that IMHO would be the end if his involvement.

cant see the need for a SD..

let others comment.

 

 

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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oh PS

I doubt it was the lender that took you to court

but it was a debt buyer?

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 looked into them and it seems to be a branch of the original lender.

 

 

The pay day loan company have a debt collection company under their umbrella.

 

 

It is TM Legal that are chasing him if anyone has heard of them?

 

 

We did try to get it under control and pay off but they were not interested in anything other than the CCJ and even then he tried to get it sorted.

 

A County Court Bailiff was sending letters through the post saying he had delivered them by hand.

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" He fell behind on his rent and prioritised rent and repayments to other things,

couldn't keep up with the increasing payments and then they issued a CCJ while he was trying to negotiate repayment. I know what he did as I did the letters to the company for him. "

 

So he wasn't residing with you at this...your address when the debt and CCJ was incurred ?

 

Andy

We could do with some help from you.

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No, he was staying with a different girl most days and just left some stuff here which has now gone and coming round most days which is why I didn't take too much notice of his post coming here.

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TM legal are a bunch of fleecers and had nothing to do with the CCJ at all

 

 

was it 1st stop or clear recoveries , or asset collections that got the CCJ

 

 

again they are NOTHING to do with the original lender

they sold the debt on for a pittance.

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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A stat dec (SD) costs about £5 to be witnessed at any High Street solicitor - I'm guessing you've been quoted for actually writing and witnessing the SD. There's no need to have someone write it for you as they are very simple - there are plenty of templates available.

 

If they come knocking again, give them the address in Spain where your son is - nothing they can do about it and they'll move on.

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theres nowt the court bailiff will do other than say thank you and leave you totally alone

once you provide proof hes moved to spain.

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

that'll do nicely sir!!

 

 

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

You know they are likely to visit so be prepared - do not let them in to your home and move any vehicles away from your property preferably onto someone else's private property or well away from your home.

 

Do not open the door to them and make sure all access points to your home are locked. If they get in they are hard to get rid of.

 

Talk to them through an open window, tell them your son doesn't live there and give them his Spanish address, refuse to discuss the debt with them, say you are not the debtor so they shouldn't be discussing it with you.

 

They have no right of forced entry so ignore their silly threats.

 

Update: just noticed it is a court appointed bailiff rather than an EA, they should just accept evidence of your son being non resident and leave you alone, I'd stick to the above anyway though.

Edited by Andyorch
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As post 12 these are court bailiffs.....

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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