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    • I Know I will get flamed for this , but for once time only I am with MET . The so called  “graffiti” is there to help people , Parent and child bays , Disabled bays , and electric charge point bays are all there for a reason  , just suppose you had an electric car and it was in need of charging ,had children in the car and need extra space to get them out ,had a disabled passenger who needs extra space . how would you feel  if the bay was obstructed . I have no doubt the experts here will guide you to having the parking charge cancelled . But morally ………..
    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
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Thanks for any help guys,

 

I am just going through old letters and paperwork to sort out and have just opened a letter from Collectica regarding an old HMCTS debt.

 

This must have been an old court hearing regarding somebody saying I hit them from behind.

 

I never did and in fact it was the car next to me speaking a language I could not understand that had hit the car.

There was no damage to any cars and I phoned the police at the time to make them aware.

 

We are going back some 7 years.

At the time There was a court hearing that I did not attend (I was going through a very difficult at the time with hospital and letters was the last thing on my mind)

 

upon coming out of hospital (1 month in) I attempted to sort the mess out and did a stat dec.

Rather silly but I got the date mixed up and missed the court date by 1 day.

 

fast forward and I have a letter from collectica

 

dated mid july 18

 

warrant of control and gives 14 days to contact them.

We are now 30 days ahead.

 

I know I should not be paying a single penny I never touched any car.

But that wont stand up aywhere and there is a 2k amount that I guess I just dont have a say in other than to pay it and shut up.

 

I am hoping for some advice in terms of perhaps setting up a payment plan and not to have baliffs turning up at the door.

 

thanks for any help guys it is much appreciated..

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you sure this is for car damage and not a PI claim?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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fine for what?

 

 

ring HMCTS and find out whats behind it..


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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Reclaim Bank Account, Loan & Credit Card Charges Read Here

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You mention that the letter was dated approx a month ago. As you had not responded to Collectica to make a payment proposal within the 14 days, it would be usual for an enforcement visit to have made an enforcement visit by this time.

 

The only way to stop enforcement is to either pay or to approach your local magistrates court to request a hearing for a Statutory Declaration. The court MAY advise Collectica of the application but this is not guaranteed.

Edited by Andyorch
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I have already made a stat dec before and I got the date wrong so never attended.

 

I am going to try and ring them tomorrow give name and dob and see what they say.

 

Unhappy to make a payment plan and pay for something I did not do but for an easy life will accept that if it is an option.

 

Perhaps it has already gone to far though if it has been passed onto an outside company.. ?

 

I have done a fair bit of reading tonight and it seems that I am stuffed and the only option is to make payment in full.

 

It is unlikely that agents will accept any kind of a payment plan.

 

Amount is for over 2k and my understanding is that they can ultimately force entry.

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so what were you fined for..do you know?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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It has to be linked to car incident that I was blamed for (genuinely I did not touch any bodies car but that is not the point here).

 

 

this letter has come out of the blue but I don't want partner getting knock on the door from the local thugs.

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well you need to find out what motoring offence you've committed

ring the HMCTS as advise 24hrs ago...……

no good speculating findout!!

 

if you've moved since the incident then everything went to your old address, you wouldn't know anything about it till bailiffs arrive.= your current situation


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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yes, will call in the morning. Not sure that it matters what the offence was though does it? they want 2k regardless or are you seeing an angle?

 

this is the first letter regarding this at my current address.

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well if you didn't receive anything prior then someone has dropped the mic here.

don't just roll over and accept what you are going thru.

 

once those in the know have the details...rather than guessing

then p'haps we can limit the damage .


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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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I am not persuaded that this debt relates to a road traffic accident unless of course you were charged with criminal damage (which would account for why the debt is being enforced as a criminal court fine).

 

Please do post back once you have spoken to the court. Given that the offence had been approx 7 years ago, the account would be managed by the HMCTS Historic Debt Team. Their telephone number is: 0300 1239252

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ok it turns out this is linked to 2 separate incidents

going back as far as 13 years!

 

criminal damage and not paying for a train ticket.

 

 

The court said the total amount was just under 2k but I not that baliffs are asking for more than 2.2k .

 

They have only written 1 letter which I believe they can bill £75 for but not sure how they are getting to the higher figure. Without adding it up it looks as though they have already charged for a visit but they have certainly never visited.

 

 

Courts would not deal with me in terms of payments which I knew after reading a lot on this forum.

 

So guys should I just get my card out and settle this?

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yes

 

so was ye old historic debts teams

 

shame about the train one as the majority of those can mostly be settled out of court but too late now.

 

glad you resolved it.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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not exactly resolved I know what the fines are for now. bit amount has been inflated.. and don't believe they will be willing to accept payment plan.

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there is no harm in writing to the bailiff Co and asking for a full breakdown.

 

they'll have no choice but to accept a payment plan

the only issue might be your side in how much they want PCM over how many months to clear it mind.

it wont be many months either

 

im not sure if back history has any relevance here but in case it does

can you outline what happened in each case, the train fair and the criminal damage

 

did you simply ignore everything

or moved away not getting any paperwork or what

dates would be useful too.

 

it could be that the smallest detail to you means nowt

but to the experts means loads.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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It turns out this is linked to 2 separate incidents going back as far as 13 years!

 

Criminal damage and not paying for a train ticket. The court said the total amount was just under 2k but I not that baliffs are asking for more than 2.2k .

 

They have only written 1 letter which I believe they can bill £75 for but not sure how they are getting to the higher figure. Without adding it up it looks as though they have already charged for a visit but they have certainly never visited.

 

Courts would not deal with me in terms of payments which I knew after reading a lot on this forum.

 

With the debt to the courts being £2k, I would suggest that at present, you focus on this and not so much on the fees charged by the enforcement company (which by the way, would most likely be correct.....after all, the Notice of Enforcement is dated ONE MONTH ago and unless you have been at home all day, every day, since that time, you would not know for certain whether a visit had or had not been made).

 

I would assume that my suggestion to you to ring the Historic Debt Team was correct. If so, then you would need to be aware that all debts under their control are ones that have been difficult to collect mainly because of changes of address etc. If is for this reason, that many of these debts become subject to a Section 14 Statutory Declaration.

 

Taking each debt individually, were you previously aware of these court fines?

 

Did you make any previous payments to the courts in relation to any of these fines?

 

Did you ask the HD team for confirmation of the address where all previous correspondence had been sent?

 

If so, were you living at that address at that time?

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Yes I was aware of all court fines and believed they would go away. I was young and it was about 13 years ago.

 

I am surprised tbh that they still stand after so long.

 

I believe letters would have gone to parents address but mail would not have been passed on.

 

payment of less than £100 have been made.

I did not make these payments.

I can only assume somebody else paid this using an incorrect account number.

100% I have not paid anything.

 

I did not ask about address but years ago letters had gone to parents address but I have not lived there for many years now.

 

I don't wish to get into conflict with these people over the phone.

 

would you advise, email or phone call?

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Hi guys just waiting for a response before I send off that email or make a phone call today. thanks in advance!

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If you don't want to make a phone call, emailing probably isn't a good idea because they can contact you for free. BA suggested writing, I imagine they meant a real letter.

 

 

HB


Illegitimi non carborundum

 

 

 

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i don't mind phoning and I have downloaded a call recording app. if it is ok to call I can ring them asap

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Yes I was aware of all court fines and believed they would go away. I was young and it was about 13 years ago.

 

I believe letters would have gone to parents address but mail would not have been passed on.

 

Payment of less than £100 have been made. I did not make these payments. I can only assume somebody else paid this using an incorrect account number.

100% I have not paid anything.

 

I did not ask about address but years ago letters had gone to parents address but I have not lived there for many years now.

 

You mention that you were aware of both fines and that payments of £100 had been made to the courts (maybe by your parents). With this in mind, it would be very difficult indeed to apply to court for a Section 14 Statutory Declaration given that such an application would normally be permissible if made within 21 days of you 'becoming aware' of the fine.

 

You are wanting to know whether you should telephone Collectica or email them. What it is that you want to discuss? Are you looking to set up a payment plan?

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i don't mind phoning and I have downloaded a call recording app. if it is ok to call I can ring them asap

 

Why would you be wanting to record the conversation?

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why would I want to record the call?

 

That is the advice from this forum.

 

Nobody attached to me paid any of the fines.

Some how somebody unconnected to me has paid into the wrong account.

 

And yes to discuss a payment plan.

It does not seem like I have any other option.

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