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    • 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. 
    • My expectation was their WS would include the best paperwork, like at least true copies of originals, but these just look wrong somehow, perhaps the font and size of font... Not sending me the DN in CCA request but producing it for evidence I would argue could be a tactic used by them... - Page 11 with ticks - there is no reference to IP addresses - Home addresses are correct for dates in documents   Just looking up example Defendant WS's while awaiting your thoughts on this
    • Hello lovely, just posting to check in to see how you are feeling now? Hopefully your feeling better? 
    • Sorry my redactions made it harder dx. Tick dates are 11/12/2014
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Lowell claimform - old Lloyds credit card debt


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full number please

 

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...
  • Replies 52
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Apologies - been crazy busy out of UK.

 

 

full number 0333 556 5550 and 5555 - a constant stream of calls!!!

 

 

So - defence filing tomorrow - only one piece of literature from them so far, a copy of assignment letter....

 

 

OOT

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that's lowells

they should not be using a withheld number that's against regulations

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 before the defence goes, should I amend Paragraph 3 below - as i stated in the post above, we did receive a copy of the letter in the post last week, so I am thinking that I should state that they have produced a 'copy' of the notice of assignment.....

 

3.Paragraph 3 is denied, I am not aware I received any Notice of Assignment from the claimant nor the original creditor.

 

thanks

 

OOT

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can we see it please

scan to PDF read upload

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

Just before the defence goes, should I amend Paragraph 3 below - as i stated in the post above, we did receive a copy of the letter in the post last week, so I am thinking that I should state that they have produced a 'copy' of the notice of assignment.....

 

3.Paragraph 3 is denied, I am not aware I received any Notice of Assignment from the claimant nor the original creditor.

 

thanks

 

OOT

 

Just ignore their point 3 dont admit anything.

We could do with some help from you.

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Yesterday was the day that they should have produced the requested documents - only thing so far is a copy of the letter of assignment.

I suspect that there will be letters arriving saying that they are actively compiling the requested information and that the debt is still enforceable and would I like to make a payment now!

 

So what happens next?,

will the Courts stop any action?

will they let me know?

 

I know we are not out of the woods yet, but just wanted to say a massive THANK YOU to all who offered advice and help in a time of need

- a small donation has been made to 'The Greater Cause'!!

 

thank you all.

 

OOT

Edited by dx100uk
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" So what happens next?, will the Courts stop any action? No will they let me know? "

 

The court will send you acknowledgement of your defence submitted and serve it on the claimant....the claim then progresses to allocation (transfers the claim from MCOL Northampton to your Local County Court) who will then set directions as to what happens next (Directions)

 

Time for you to get up to speed on the process.

 

Many thanks for the Donation :yo: .....but there is a long way to go yet

 

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 OTHER

 

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  • 2 weeks later...

Hello people -

 

 

Received a letter from Lowell today containing their copy of the Directions questionnaire

- quite why they sent us a copy of THEIR copy when we will get OUR copy from the Courts in due course I don't know

- Is this normal practice? -

 

 

Is there anything in particular I should look out for when our copy of the Directions arrive?

 

 

thanks

 

 

OOT

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read other threads and get upto speed.

you have to exchange your DQ's....

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...

Hello people,

 

 

So we have received our DQ - unfortunately it went to the wrong address ( correct address on envelope) - our neighbour dropped it in earlier today - its due back in on Wednesday, so I think she was sat on it for a while!!!

 

 

Just one question....

 

 

do I state that it would be difficult to consider mediation until we have of all the relevant paperwork that substantiates the basis of their claim?

 

 

I appreciate at this stage they do not have to show their hand regarding my requests and that their non compliance of obtaining these documents is not a reason for me to turn down mediation.

 

 

Or should I leave this for either a court appearance or mediation call?

 

 

OOT

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no 1st class with free proof of posting at the PO counter is ok.

 

 

pers as this is a credit covered by CCA id not inc email/sig/phone on the copy to the sols.

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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thanks for the heads up re: email/sig/phone to the solicitors.

 

 

As a side note, we have started receiving automated phone calls on the landline asking for a female that is clearly not my partner - this is a withheld number - immediately after she is getting a text message on HER mobile asking for the same person to ring Lowells immediately.

 

 

Do you think they are trying to verify her details or is it just general incompetence?

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or trying to make a deal..dont

if you read other Lowell claimform threads here

which you should be

you'll see its std practice and what others are being advised

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

  • 2 weeks later...

Hello again people -

 

 

So this morning I received an email from the small claims mediation service, basically saying they were setting up an appointment for telephone mediation.

 

 

so I have to answer 3 questions now to see if we are eligible for mediation - I just want to clarify one of the questions...... it states:

 

 

I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party beforeI can mediate.

 

 

They have not provided any documents asked for in connection with my CAA request - Do I bring this up now or just accept this and bring it up on the mediation call should it get that far?

 

 

OOT

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at the mediation call

that way its shows you have entered into mediation under the correct 'spirit' giving them as much time as possible

those q's will be asked at the start of the mediation cal lits then you state no to docs

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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  • 4 weeks later...

Hello again people...

 

 

Not heard anything from Lowlifes regarding my request...however received a Notice of Transfer of Proceedings yesterday.

 

 

it does say " if you have not been advised of an appointment, the team have unfortunately been able to arrange mediation at this time. The claim has been transferred to the County Court Hearing Centre for allocation."

We have not been advised of an appointment.

 

 

Is this normal procedure, and why have we not got mediation? - could Lowlifes have refused mediation?

 

 

I maybe reading too much into this but I am slightly confused!

 

 

OOT

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Most probably just swamped and cant offer the service in your area...not that it would have achieved anything anyway.

 

Have you received a copy of the claimants DQ ?

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 OTHER

 

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

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

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Yes, We did receive the claimants DQ quite a while ago.

 

 

So if mediation can't be provided (and just having a quick 'google is your friend' it does seem the service is pretty stretched everywhere!) will it automatically go to court or will a Judge decide if its actually worth taking to court?

 

 

OOT

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And did they opt for mediation on their DQ ?

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 OTHER

 

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

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

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