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    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
    • Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group   please complete the above then we'll be best placed to advise further but the bottom line is no and don't ever appeal.    
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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.
       
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      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.
       
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      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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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DCBL got 2300gdp out of me over a PCM/Gladstones backdoor 2X pcn ccj..help get money back!!


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My husband received a parking notice in February 2017, after parking on a private road outside the house where he was living.

 

GLADSTONES SOLICITORS were involved.

He received 2 notices and as it was a private parking company he ignored them.

 

A few months letter a 3rd latter came suggesting a court case and demanding £400.

 

He filled in the form and returned it saying that whilst he disagreed with it he would pay but could not pay all at once and requested a payment plan.

He suggested £100 per month. That was in November, 2017.

 

He heard NOTHING back from them and received no further notices or correspondence.

 

On the 22nd March 2018, at 17.45pm there was a hammering on the front door, my husband answered and noticed a clamp on his car.

 

A guy came into the apartment and told us he was from DCBLtd and was a High Court Enforcer and he was not leaving until we had given him £2318.00 cash/ debit or credit card or goods to that amount. We were shocked as we had no idea what he was talking about.

 

He was very intimidating. I asked for his ID and he showed me a badge and ID I photographed him and the ID.

 

I asked for paperwork.

He showed me but then got very aggressive when I tried to take it from him to read it.

 

During this time he let it slip that he was filming us and derided us for not knowing or noticing that he was wearing CCTV.

 

He walked around the apartment writing down our goods onto the back of the paperwork i.e. 2seater white sofa, 3seater white sofa, wood frame mirror etc. All of which would raise pennies at public auction.

 

He snarled at us that he could go into any room, any cupboard, any drawer that he wanted to. He also tried to take the IPAD that belongs to my husbands company.

 

He then informed us that he would call the van, which if it arrived to take away the goods would cost us £1500 extra.

 

We tried to reason with him but he called the van anyway. We panicked and managed to borrow £2300 from my son.

 

We could not afford the van to turn up and take away our belongings and be left with an empty apartment and £4000 debt.

 

We paid him and he left.

 

We looked at the paperwork at last, it was headed "Notice that goods have been removed for storage or sale"

There was NO name and NO address on it.

 

There was a CCJ which we checked and is now on my husband’s credit rating.

The original debt was now £773.93,

There was a compliance stage fee of £90,

An enforcement stage fee of £822.00 and

A stage sale payment of £630

Plus interest of £2.24

A total of £2318.17

 

We tried to dispute the payment with my bank, they did not want to know, I have been to CAB who say that as it is no longer a debt and they are unable to help.

 

We have called GLADSTONES SOLICITORS and Northampton Court to get copies of any paperwork.

 

We cannot contact GLADSTONES or the court.

We have emailed the court requesting that they remove or put a paid notification on the CCJ.

 

About 30 minutes after the bailiff had left the house, my husband received an email reply, from JULIE who said she was from GLADSTONES Solicitors, acknowledging his request for a payment plan.

 

She wrote saying thanks for the letter dated 18th February 2018 -the date the CCJ went through and that it was no longer their concern.

 

When we requested they send copies of all correspondence they said they were not obliged to send any copies of paperwork or correspondence.

 

Where do we go from here?

What can we do to get our sons money back?

Please help!

Many thanks

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Sadly, your question is a common one but that in no way takes away the seriousness of your question.

 

Unfortunately, I am travelling at the moment but will be back early evening and will respond in more details then.

 

In the meantime, in relation to the judgment registered against you, please read the comments that I have made this morning on the following thread:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?486142-Urgent-advice-required-DCBL-Debt-recovery-notice-with-CCJ-on-behalf-of-Excel-parking&p=5109680#post5109680

 

You may find the following threads of interest as well:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?485222-DCBL...Can-t-Pay-We-ll-Take-it-Away....High-Court-orders-Channel-5-to-pay-costs-of-%A320-000.

 

PS: On re-reading your question, it would seem that there has not been a change of address so my first link will not be applicable to you but may be of interest to other viewers of this thread in future.

 

Can I just make an important point. With companies such as DCBL, enforcing these private parking debts, there is no legal obligation on the homeowner to allow the enforcement agent into the home and in most case, it is not to be advised. Great care though needs to be given if there is a motor vehicle parked outside.

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Thank you for your reply.

 

I read with horrified interest the info on a website.

 

My husband did have a change of address but as he was staying with a friend of his from work until we found our own apartment, all mail has been delivered to him.

 

His colleague says there have definitely been NO notification letters received.

 

All mail has been delivered to my husband at work.

 

He changed the address with the car lease company and at DVLA which is how the bailiffs found us. Not that we were hiding!

 

We are completely shocked that with no notice we could have had this happen in our own home. I look forward to hearing from you later.

 

Many thanks

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How can a private parking charge get to £800!!

 

This is daylight robbery

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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Retitled and moved to private parking forum

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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I think that this would have been an ideal candidate for a set aside hearing as your husband received nothing from the courts.

 

But, unfortunately, as this happened on the 22nd March and now Easter is happening, you're going to need a miracle to get a hearing on Tuesday or Wednesday of next week! You only get 14 days before the money is passed to the creditor (and in to DCBL's pockets) and I don't think that public & bank holidays are taken into account.

 

 

There may be a way that you can get an emergency stay (maybe even an emergency set aside (not sure)) but it will mean paying a fee (£255 for either I think but don't quote me on it) and your husband getting to the nearest County court first thing on Tuesday (usually 10am) and then preying that there's a Judge that's both available and willing to hear the application and/or sitting there until there is.

 

Bailiff advice will know more about the above, and I think (although I'm happy to be wrong on this) that that's the only way that you're going to be able to get your money back and take this back to the initial stage to see if Gladrags fancy a second crack at it.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Just one thing to clear up.

 

Your thread title says "Son", but your post refers to your Husband.

 

 

I'm not one to judge, but assuming that they aren't one and the same, who is it that we're actually talking about here? :lol:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Sorry title amended!

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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Thank you for this information.

Would we be able to do this just by turning up?

or would we need a solicitor?

 

It would be worth paying the £255 if we could get our money back and the CCJ removed.

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You won't need a sols no.

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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Pretty much Already been described in the numerous posts here already

 

You need that copy of the claim form and the ccj from northants bulk first so we can see the particulars of their claim so we know what we are fighting again first

 

Ericsbrother will be around later and is one of our other masters at parking fleecers..I'm pretty sure there is another case of this happening sometime back poss on the parking prankster site...its totally illegal for them to inflate a £160 claim to above £600 to allow their mates DCBL to act as high court enforcement officer and inflate it to £2300!!

 

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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Wait for Bailiff Advice to give their opinion first, but you could get started by downloading an N244 (link) so that you can have a good read through both it and the guidance notes.

 

Might as well get a head start. :thumb:

 

As dx100uk says though, you'll need at least the claim details (claim No etc) from Northants Bulk before you can complete the form fully. I'd be on to them at the start of business on Tuesday and then off to the local CC to beg for a Judge to see me.

 

If BA agrees with me and this does get you to court on Tuesday, try to speak to one of the court ushers and not just someone on a reception desk. With no offence to them, it's unlikely that they'd be able to get you in to see a Judge.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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User Bailiff Advice is one of the most knowledgeable people in the country about this kind of thing. Wait until they get back and read their advice carefully

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I'm not quite sure what is being advocated here. A Stay of Execution cannot be applied for as the Writ has now been executed in its entireity. Maybe Set Aside is a possibility but this will not be trated as Urgent and would have to take its own turn in the queue to be heard and even then the OP has admitted letters were ignored then it is not going to go well.

 

What we do need to know is how the original charge & CCJ got to £600 - suspect it will be solicitor costs - to be able to involve DCBL. AS the fees seem to at the root of all this then the correct procedure should be for a Detailed Assessment of their fees. This in itself can cause problems as there is always a chance the Fees can be held to be reasonable and costs could be awarded against. A first port of call should be an ask to DCBL for a complete breakdown of the fees charged and/or an SAR to them.

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This looks a particularly nasty move by a PPC mespecially iif the claim was a dodgy Roboclaim that could have beeen defended., wonder if they are hoping DCBL will send Bohill and the Channel 5 Can't Pay mafia to scare people into paying as well it could happen to them if they don't pay that dodgy speculative invoice . Shame OP let these thugs in, they had no right of forced entry.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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My husband received a parking notice in February 2017, after parking on a private road outside the house where he was living.

 

GLADSTONES SOLICITORS were involved.

 

He received 2 notices and as it was a private parking company he ignored them.

 

A few months letter a 3rd latter came suggesting a court case and demanding £400.

 

He filled in the form and returned it saying that whilst he disagreed with it he would pay but could not pay all at once and requested a payment plan. He suggested £100 per month. That was in November, 2017.

 

He heard NOTHING back from them and received no further notices or correspondence.

 

On the 22nd March 2018, at 17.45pm there was a hammering on the front door, my husband answered and noticed a clamp on his car.

 

About 30 minutes after the bailiff had left the house, my husband received an email reply, from JULIE who said she was from GLADSTONES Solicitors, acknowledging his request for a payment plan.

 

She wrote saying thanks for the letter dated 18th February 2018 -the date the CCJ went through and that it was no longer their concern.

 

From reading your question back a few times I am slightly confused.

 

It would seem that just over a year ago, your husband received notification about a private parking debt. A few months later (I assume around May 2017) he received a third letter suggesting a court case and requesting £400.

 

You then mention that approx 6 months later in November 2017, your husband 'filled in the form' and requested a payment plan of £100 per month. Your state that after your husband sent this form that he heard NOTHING further until DCBL visited on 22nd March.

 

What was the 'form' that your husband completed in November?

 

Was it the Admission Form on the court summons?

 

You mention that between November 2017 and 22nd March 2018 when DCBL visited that your husband had not received any correspondence. If so, what prompted him to email Gladstone's Solicitors on 18th February?

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We need to start at the beginning, Where was the parking event and WHEN exactly.

 

I am assuming that multiple tickets are involved to jack the money up to an amount where bailiffs become invoved so knowing what the original amount(s) were will be very helpful.

 

It does appear as though hubby admitted that some money was owed but that doesnt explain the full amount from what you say so we need to know how they got it past the magic £700 hurdle to get bailiffs involved.

 

This means that he needs to get a copy of the claim and judgement from the Northampton county court (where online and bulk claims are handled).

 

This will take a few days but may well give you another reason for a set aside, the admission rather dents anythying regarding the legitimacy of the original claim.

Edited by DragonFly1967
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Problem is EB as PT says, DCBL have been paid, so options are limited unless it could be proved the claim was faulty, say in victim had supremacy of contract over the PPC by virtue of Lease and Residency, DCBL have only done what the PPC hired them to do, enforce for the money they claimed was owed on the backdoor CCJ

 

It would be interesting to find out how a PPC Invoice was bumped up enough to allow HCEO Enforcement via the High Court. Reason for a lower limit of say £3K before HCEO can be involved.

 

The fact DCBL might have been naughty like Bohill often is on can't Pay is another issue one for the DOJ perhaps.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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We need to start at the beginning, Where was the parking event and WHEN exactly. Iam assuming that multiple tickets are involved to jack the money up to an amount where bailiffs become involved so knowing what the original amount(s) were will be very helpful.

 

It does appear as though hubby admitted that some money was owed but that doesnt explain the full amount from what you say so we need to know how they got it past the magic £700 hurdle to get bailiffs involved.

 

For a judgment to be passed up to the High Court for enforcement, it needs to be £600 (as opposed to £700).

 

I was also curious as to what prompted the husband to email Gladstone's on the day that Judgment was entered (18th February). Did he perhaps receive a Notice of Enforcement from DCBL?

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It is all very confusing and the timelines are confused too. I'm sorry. I have now sat my husband down and gone over the timelines

 

I have made a mistake about the date of the original tickets.

 

My husband stayed at the address on a private road from February 2017 until August 2017.

There were 2 tickets.

He thinks it was in June/July 2017.

 

It is managed and operated by PCM(UK) Ltd. The charge was £100 each.

He received 2 notifications which, thanks to other websites advice, he ignored.

 

Eventually a form was sent to him and the charge had gone to £600.

He doesn't know what the form was but he filled it in and returned it offering to pay £400 over 4 months.

 

This form was brought to him by his work colleague who still lives at the address.

The next we heard was when DCBL was knocking at the door.

 

I have rechecked and we do not have any records of the dates or reference numbers of the tickets.

 

The only information I have is:

County Court Name: Northampton

CCJ Claim No: Date of CCJ: 10.01.2018

High Court Name: Queens Bench

High Court Ref: __________

Judgement date: 06 March 2018

 

This information was on the paperwork that the bailiff left with us.

 

I am in the process of writing a SAR and wonder if it should go to DCBL or Gladstones.

 

I will contact Northampton County Court tomorrow to get a copy of the claim and judgement.

 

For a judgment to be passed up to the High Court for enforcement, it needs to be £600 (as opposed to £700).

 

I was also curious as to what prompted the husband to email Gladstone's on the day that Judgment was entered (18th February). Did he perhaps receive a Notice of Enforcement from DCBL?

 

He did not email Gladstones on the day the judgement was entered.

They emailed him referring to the form he filled in and sent back before Christmas. (offering the payment plan)

 

In their email they quoted the date of his response as the 18th February- the same date as the judgement.

They emailed him within minutes of the payment being paid.

He replied to this email asking for copies of all correspondence between them hoping to check dates etc. to which they replied they had no obligation to do that.

 

All your information is very helpful and I am extremely grateful.

I do wish I had found this website earlier.

You have made me feel I do have somewhere to go and some hope of rectifying this.

 

Thank you so much.

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Caggers will help you find a resolution, but it isn't always easy. Bailiff Advice and ploddertom will probably have good information.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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If he had 2 tickets does he have 2 CCJ's? If so have they added them together to get to the magical £600 threshhold I wonder. I would suggest a first SAR to DCBL and the other goes to the Parking Co.

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