Jump to content


  • Tweets

  • Posts

    • Defence submitted. On my clear score report there doesn't seem to be any date of default noted, nor can I see where that might appear. When they responded to my CCA and CPR requests they didn't give me a default date either. So, what happens now? Is it likely that I'll actually have to go to court over this?
    • Hi Andy, thanks for the reply. I guess I will need to get copies of the agreement to check that, which may take some time.   What do you suggest I should I do in the interim, as I'm conscious the clock is ticking on needing to AOS?
    • Hi everyone    ive had a card in an envelope hand delivered today from Resolvecall asking me to contact them urgently.   i want to ignore it but I’m not sure that’s the best thing to do?   i had some issues some years ago which have now all been resolved to my knowledge. Anything that I may have overlooked will be way over 6 years, I now have a very healthy credit rating with nothing on any of my credit files.   I have no idea what these people want and this is the 1st contact.    can someone point me in the direction?   thanks    mike 
    • I've been reading up on cases, especially the HSBC vs. Carey. Am I missing something?  It appears to be the conclusion that the decisions in this case meant that regardless of what date  credit agreements were entered into, a claimant no longer needs to produce a signed copy - or even original copy.  It appears that a reconstituted copy of agreement is acceptable by a court and any judge that seems to be swaying towards using it as a reason to find against a claimant could easily be reminded or prompted by their solicitor.  How do I defend my case to be any different?  It will clearly be a case of :   It looks like you probably had a credit card. They've produced a copy of original agreement and added your name and address - so that's good to go. They've got a statement showing a balance outstanding. Therefore, game up - why are you even bothering to defend?     I am working on my "Formal defence"    Can I just ask for some "bullet points"   So far - my main arguments will be that the requested "credit agreement" is not a credit agreement - it is a barely legible application form - which does not bear any account numbers which correspond with the statements produced by the claimant nor match the agreement number included in the original claim (POC).  Secondly, as helpfully highlighted by DX, their WS is relying on a screenshot of "the claimant's predecessors system screen" to show that a default notice was issued on 08/06/2010; clearly there is no copy of said Default notice. Other items I have up my sleeve - should I include? - are the discrepancy in the amounts owing between the Assignment notices - Lloyds stating a figure in excess of £6k (dated 29/6/19) and a letter from Hoist informing me of this assignment but stating an outstanding amount of £4.5k (the amount of the claim).  Clearly, the lack of reference numbers - i.e. their claim does not match the 16 digit credit card number shown on the numerous statements they have included in their WS. And do not match a number shown on the blurry application form. Also, the application form is dated 1998, the first statement they provide is 2010 - can I use this gap/lack of evidence in my favour? I notice on my "illegible" application form there was a reference to "credit card payments insurance" (I assume this is PPI) - during my research, I'm sure I read that any t&c provided should also include this - I notice their seven added pages make no reference to PPI - which even if I didn't take it out would surely have been needed to be included?   So - just to summarise - is it the "poor quality credit agreement"; the fact that they haven't even declared that they are producing reconstituted copies of t&c and the lack of default notice having been issued - well lack of copy?   On the flip side - where do I stand in terms of the payments I was making - allegedly to this account - via Robinson Way? Is that a case of acting dumb/naive?   Thanks very much everyone.   Barafear.    
    • it sometimes takes a good while for all related entries to be removed.   dx
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 474 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi All,

 

Last year Islington Council put a really nasty bus lane * camera at the entrance to the street I parked on..

 

I thought I had got away without falling foul of it, as I'd used the lane several times prior to a friendly neighbour warning me of its presence,

 

this morning I found that's not the case as my car is currently clamped for 5 outstanding PCNs!

 

I'm not wishing to dispute the PCNs as it's a fair cop and I should have been more aware, but I would like some advice on how to handle Equita today.

 

I called the EA at 07:20 asking for PCN details and explained that I'd most likely be submitting OOT forms to TEC; he obliged and said he'd call back, was pleasant to deal with, everything seemed OK.

 

However, at about 10:20 I got a call from a recovery driver asking if I'd like to hand over the keys when they tow my vehicle.

 

I called the EA right back to explain and he eventually gave me the PCN numbers, so I called Islington council to get the details and submitted my forms to TEC.

 

I've done all I can for now, but am sat in my van and cannot leave because they've sent someone to tow it.

 

That whole thing seemed really suspicious to me, but I can't take the risk as it would be incredibly annoying to have my car towed prior to TEC giving the EA notice to cease recovery actions.

 

Can anyone advise?

Am I just destined to spend the day sat in my van?

If I were to leave and they towed it, then TEC gave notice to cease enforcement,

 

is there anything I could do other than pay towing & release fees?

 

*It's not really a bus lane, I just don't know what to call it.

The road used to have a traffic island in the middle with two very narrow passages either side, but the council removed the island and put a wide lane through the middle.

 

I used this lane as the passages were only just wide enough for my van and did so for about 2 weeks until a neighbour stopped me to explain it's for exiting only and pointed out the camera.

 

From my call to Islington Council, I have EIGHT outstanding PCNs from the first 8 days of this restriction being in place - five of which are involved today.

Edited by dx100uk
Spacing

Share this post


Link to post
Share on other sites

Moved to the bailiff forum


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 

 

Share this post


Link to post
Share on other sites

 

I thought I had got away without falling foul of it, as I'd used the lane several times prior to a friendly neighbour warning me of its presence,

 

this morning I found that's not the case as my car is currently clamped for 5 outstanding PCNs!

 

I called the EA at 07:20 asking for PCN details and explained that I'd most likely be submitting OOT forms to TEC; he obliged and said he'd call back, was pleasant to deal with, everything seemed OK.

 

I called the EA right back to explain and he eventually gave me the PCN numbers, so I called Islington council to get the details and submitted my forms to TEC.

 

From my call to Islington Council, I have EIGHT outstanding PCNs from the first 8 days of this restriction being in place - five of which are involved today.

 

From your post you appear to be mentioning a fair amount about the unfairness of the offences but there is no mention whatsoever as to whether or not you have received any previous correspondence from Islington and if not.....why?

 

For example, did you move address?

Did you updated your address details on the V5C (Log Book) with DVLA?

Share this post


Link to post
Share on other sites

Thanks for the reply.

 

Yes I had moved address and neglected to update the V5; I didn't include that info as I had already submitted my forms to TEC so wasn't looking for advice there.

 

The above has come back to bite twice now, as I picked up several PCNs within a short space of time while moving house - some were paid, some were not present on the vehicle, but the majority were CCTV-related with no physical ticket (as OP) so I was unaware of them until the van was clamped.

 

My forms have all been approved by TEC and sent to Islington Council, who have sent notice to the EA, but my van remains clamped. I'm chasing the EA this morning but no joy as yet.

Share this post


Link to post
Share on other sites

 

My forms have all been approved by TEC and sent to Islington Council, who have sent notice to the EA, but my van remains clamped. I'm chasing the EA this morning but no joy as yet.

 

Given that you have multiple tickets I really do hope that you sought advice before submitting the forms to the Traffic Enforcement Centre. After all, Out of Time witness statements are County Court procedures.

 

The forms have not been 'approved' by the Traffic Enforcement Centre. They have been 'processed' by them and notification has been given to Islington who in turn, would be obliged to inform their bailiff provider to temporarily cease all enforcement. As you had only submitted the forms to TEC yesterday, I would expect the enforcement company to have received notification this morning.

 

I am not sure why you would be chasing the enforcement agent this morning?

 

Just so that you are aware, there is no legal obligation on him to remove the clamp. You should not expect to receive a decision from the Traffic Enforcement Centre for approx a month to 6 weeks. Many enforcements agents will remove the clamp but others are not so willing.

Share this post


Link to post
Share on other sites

I didn't seek any legal advice, if that's what you mean. I was honest on the forms, however, so I don't expect to have any issues.

 

They have been 'processed' by them and notification has been given to Islington who in turn, would be obliged to inform their bailiff provider to temporarily cease all enforcement.

Just so that you are aware, there is no legal obligation on him to remove the clamp.

 

Is this not contradictory? If the EA has been notified to temporarily cease enforcement, yet they keep control of the vehicle, are they not disobeying the instruction? Further, if there is no current order for enforcement, due to the LA's instruction, are they not therefore seizing the vehicle without grounds?

 

I'm chasing the EA as I am self-employed and this is my only means of doing my job. I'm now missing two days of work and income.

Share this post


Link to post
Share on other sites

 

Is this not contradictory? If the EA has been notified to temporarily cease enforcement, yet they keep control of the vehicle, are they not disobeying the instruction? Further, if there is no current order for enforcement, due to the LA's instruction, are they not therefore seizing the vehicle without grounds?

 

By applying an immobilisation device, the bailiff has merely 'taken control' of the vehicle. As the warrant has now been placed ' on hold' he cannot continue with enforcement by removing the vehicle for sale.

 

Your comment that there is no 'current order' for enforcement is incorrect I'm afraid. The order is the warrant of control and that has not 'ceased'. A temporary hold has been placed on taking any further enforcement action. That is all.

 

As I have said above, many enforcement companies will remove the clamp but this does not mean that they all have to. Whatever you do, do not threaten the enforcement agent with complaints/litigation etc. That would be the wrong approach.

Share this post


Link to post
Share on other sites

OK thanks for clarifying.

 

I've been on good terms with the EA throughout and he's been nothing but polite and professional with me, thankfully.

 

He's said he will remove the clamp as soon as he gets notice through but this is the bit that seems to be taking time

- I assume because there are several PCNs involved and it's a complex case.

 

I'm going to continue to be polite as that's of course the best way to get a reasonable response.

Plus he's just doing his job.

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites
He's said he will remove the clamp as soon as he gets notice through but this is the bit that seems to be taking time - I assume because there are several PCNs involved and it's a complex case.

 

Being 'complex' would not affect the timing of enforcement being placed on hold.

 

It is always the case that each Out of Time witness statement should be sent to TEC by way of separate emails. In that way, you would receive individual notification from the Traffic Enforcement Centre of safe receipt and it would be easy to identify whether an application has 'gone astray'. TEC is an extremely busy place and much more so in the past 2 years since the introduction of Dart Charging. Given how amicable the enforcement agent is being, I would expect that clamp to be removed by mid morning tomorrow.

Share this post


Link to post
Share on other sites

Yes all forms were sent one PCN at a time in separate emails, and all got receipts.

 

From speaking to the various parties involved, TEC have sent notification to Islington but they have not processed it yet, and the EA is waiting for the info to trickle down. I'm hopeful the clamp will be removed tomorrow morning as you also mentioned.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...