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    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
    • When I sadly lost my job a while back, i reportd it immpediately to DWP as you are supposed to, but didnt realise at the time that the day I reported to them was the day before I was paid out for the last month. I was actually paid extra whem I left as it was cheaper than redundancy fort the business and at the time it was a good financial move (so I thought).   I was paid on Fri 26th Jan, they paid me out 2 months in one go. I reported to DWP on the 22nd of Han that I was made unemployed, had the letters and evidence. As they spun the story, because of their assesment dates and that, my first payment was on the 1st May and reassured that it works the other way around. That when work starts again, if I dont actually receive money from the company during the assesment period, there wont be an issue as it balances up.   Can I believe this or was it another spun story? I'm concerned that as I'll be paid monthly, (Starting on the 15th paid on the last day of the month), assment ends on the 22nd. Tha they'll take that money into consideration.   I'm just concerned due to the disparity it would cause between 4 odd months I endured with zero income because of how their system works and whatever they ahe in place to counter at this end of the claim.   Anywa, it's just awonder.   Cheers,   Ade    
    • Hi, OP sister here, im going to try and explaine in full details from start to present and see if you have any advice for me on what i can do. on 15/1/2021  at 16:25pm i was traveling along hazlebarrow cresent wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR seddon. ( im going to attatch a street veiw picture and diagram wich will be more helpful in understanding how the accident accured ect) .  The owner of the parked car, which i will refer to as Mr simpson came out of his house. Myself, mr seddon and mr simpson exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property. I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect . by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and mr seddons van ect). Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.  Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability. an engineer had collectes my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .  I didnt hear nothing for around 2 weeks so i comtacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability' i asked them why admirel consider themSelf not liable and she read from the notes ' mr seddon said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' . the lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault. I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of wich i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.  The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.   Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the ' none prejudice payment) I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .   I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . again she said ' its still in dispute, admirel are not budging i have to pass this on to management. She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!? Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum and you guys had mentioned the hire car rates may fall back on me. I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. and the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' . i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport' I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i didnt have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.    After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' . will they find any fault with the contract just to try and lumber me with the debt? , as it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.  And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?    As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.  Tomorow i am going to read thoroughly through the ' hire car contract' . i am going to give them another call and record them saying i am not liable for the debt. Any advice on how i can just give the hire car back to them without me being liable to pay the debt?  Thank you Gemma
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Pdc claimform - part admitted, got judgement, wont except payment without addes fees - now issued a Section 146


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Hi all,

 

I am new to this forum so please forgive any mistakes.

 

I am having an awful experience with the above companies.

It all started with a service charge debt.. not very old..was due in December 2017 in advance for months Jan/Feb/March/April.

Hands up.. I can never afford to pay in advance but have always paid by the end quarter month.

 

In April 2018 received a letter from Property Debt Collection for the service charge (which obviously had no quibble with) but they had added excessive fees.

£250 for the Managing Agent to instruct them and £350.00 for their initial letter to me (which contained land registry entries which imo a bit premature at this stage).

 

I offered to pay the Managing agents the service charge and they flatly refused to deal with me saying I could now only deal with Property Debt Collection.

I tried to pay Property Debt Collection the service charge debt, plus £250 for the Managing agents fee (ok.. it was late so that's my fine), but only a reasonable fee for their letter of initially £10 which I increased to £50.00.

They flatly refused this saying they do not take part payments.

I offered them this on more than one occasion and also went back to the managing agents... no joy

 

To cut a very long story a bit shorter, it was passed to PDC Law (obviously related) who have taken me to the County Count Money Claims.

It has gone through the process and it seems that the Judge has entered that I pay them £833.20.

This is a lot more than I expected to pay as I sent the court a part admission and defence and acknowledgement of service etc within the timescales.

 

I also sent him all evidence of me trying to pay and the various parties refusing payment.

So today at the last final hour I gave in and as the Judge instructed rang PDC to pay them the money of £833.20 as on the Judgement for Claiment .

I was in total shock when they refused to take this payment from me.

 

They said they had issued a Section 146 Notice, on the 5th October, which I have not received (I run a business from home and every piece of post is logged in), they also said they had sent one to the Building Society.

I said sobeit but this is what the Judge has ordered.

 

I literally begged them to take the money as I said it was the last day for payment and the CCJ could then not be lifted in the usual way apparently.

It appeared they were blackmailing with this as they said it would be if I paid them a sum of £2308.15 !!

I have informed the Court about their refusal who said this was unusual and asked me to send this in to them in writing.

 

I so worried about this.

.. I have been dealing with this for my son and it appears that I have go him into a whole lot of trouble.

Can any help please??

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re titled and moved to general legals.

 

you should never part admit a claim

and if you defend a case you must always attend the hearing.

 

you need to go thru his tenancy agreement with a fine toothed comb

if it says something about post judgemental fees/cost are applicable then I think you are stuffed.

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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posts moved to your own thread

best to stick to this one rather than hi-jack

 

follow post 2 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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Good evening.

Thank you for your reply.

 

I was never invited to a hearing it just went in front of the judge, who ordered me to pay the said amount which I have tried to do.

 

I have never had an issue with paying the service charge just the unfair charges of PDC.

 

The original Managing Agent who instructed PDC have now been sacked for issues that could not be resolved.

 

I have no argument at all with the Claimant who have now instructed new Managing Agents whom I have a good relationship with.

 

If the Property Management Debt company had accepted my offer of payment in the beginning the Claimant would have their money in full, and surely this is the objective of a Debt Collector to collect the debt, and charge "a reasonable amount for sending out one letter".

 

I will look at the Lease, but surely somewhere there is a limit on what a company can charge for an initial letter, and also is it not their duty to take reasonable steps to recover the debt for their client by accepting payment from me?.

 

sorry I am having trouble finding my way around the site

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even if you part admitted but also sent a defence you would have been sent a court date as far as I know?

 

anyway...

sadly if its in the tenancy agreement then sadly PDC can add their charges and there are numerous PDC threads in this forum that appear to suggest that they are lawful and they can.

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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Hi Thanks again.

 

 

I am still confused, I was not sent a court date at any time, it just went in front of the judge.

The Court is in Salford and I live far away from there.

 

So does PDC not have to accept the Courts Judgement but I do?

I filled in all the forms and sent them back to the court within the time period which they acknowledged.

I also defended each part of the Particulars of Claim with an exhibit of evidence of trying to pay and their refusal.

Of course I agree that PDC can add charges but surely they have to be reasonable?

Thank you

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then i'm puzzled as to why you never got an N180 etc to transfer this to your local court and for it to be heard by the judge.

was the claimform served to the correct address?

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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Hi thanks again for your help.

The Claim form was sent to my son's address but we have his post redirected by Royal Mail to us.

After filling in the forms etc and returning them ( I have electronic receipts for them) it seemed to take along time.

 

In the meantime PDC were emailing me to say they have not received anything from the Court etc, I assured them that I had replied to the Court.

I rang the Court when I at last received the Judgement for Claimant (in default) and asked them how it had come to this without any explanation.

 

The judgement says I had not replied to the Claim form, but when I spoke with the Court they say I clearly had!!

They do seem a bit confused.

 

Today I received an email from them after calling them and writing in again saying "upon checking our case management system it appears the Claimant rejected your part admission offer and this was then referred to a Deputy District Judge for directions.

The DDJ them ordered that Judgment be entered as requested by the Claimant.

 

The judgement for claimant says I must pay the claimant the total of £833.20 by today.

PDC Law refused this payment from me today saying it had gone up to £2k plus.

I informed the Court of this and they were shocked that PDC had refused it.

 

 

Thank you

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why did they send stuff to your sons address?

I believe following letters have a do not redirect box on them ??

 

somethings are no right here on many fronts.

 

is this your debt or his?

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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You only pay £833.20 as per the judgment....as they have refused payment inform the court and instruct the court that the CCJ must not be registered because the Judgment Claimant is refusing to accept and trying to get you to pay more...which is not part of the judgment.

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 OTHERS

 

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Thank you so much on your clarification of this.

This is exactly what I thought.

 

I have informed the court yesterday, and although everyone there is very helpful things are very slow, and you never speak to the same person twice.

 

I will be calling them again this morning and I will post the outcome on here, so it may help others in my situation.

 

The debt is his and I am dealing with it for him.

My son does not live at the property so we have his post redirected to here through the Royal Mail re-direction service

Yes I agree with you it does not seem right.

Edited by dx100uk
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HI

 

This is still on going,

the court have reiterated that the judgement is correct and that they should accept the payment.

They wont and have now written to my building society.

 

Well they have not they have instructed an Indemnity Legal co to do it.

 

Now it looks like this Management Co instructed debt collectors, debt collectors passed on to their legal department now passed on to a company I have never even heard of!

 

Also I might add the original management company who instructed the debt collectors have been sacked by the Claimant.

 

I am so confused by this and cannot find any advice anywhere, I seem to be going around in circles.

 

Still do not understand why a judgement in default was sent out when I filed a part admission, acknowledgement of service and a defence all within the time frame.

 

Has any one on here had dealings with a First Tier Tribunal as I might go down that route.

In the meantime this is holding up the sale of my property!!

 

Any advice gratefully received

Edited by dx100uk
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why is it holding up the sale of YOUR property when this is your SONs debt/judgement?

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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sorry I am not being very clear, its holding up the sale of my son's property.

 

Does any one know that if he lands up paying these people their excessive charges can he go through the process of First Tier Tribunal to ask them if they find the costs reasonable?

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the CCJ should not even be registered ….. how is it holding up a sale?

 

as post 10...

 

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

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 OTHERS

 

 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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Thank you for your replies. I do agree, it seems that something has gone wrong here.

Its holding up the sale of the property as the Claimant has issued a Section 146 on the Building Society (never received by us),

 

I have sent all explanations to the building society and supporting documentation that I tried to pay the Judgment but it was not accepted.

The Claimant (Landlord) to be honest know nothing of this as they are no longer represented by the Managing agent who instructed the Debt Collection Agency.

 

The original debt is less than £400, just a four months service charge.

The Notice with the Building Society is for £2300.00 so that's £1900 of costs all because I disputed the amount of their initial letter fee.

 

If the Court has handed my case wrong, will I have any comeback on this?

Also what chances do I have if I pay up just to get completion of the flat sale, of winning back some money from the Debt Collectors and their so called lawyers.

 

Ive heard something about a First Tier Tribunal?

Edited by dx100uk
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I did ask the Court not to register the CCJ.... they said it was between me and the claimant and up to me to sort it out with them.

They would not accept payment of the judgment so I could not.

 

You would think that if a Court has ordered something they would back you up on carrying out their instructions or what is the point of the whole damn process!!

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" Still do not understand why a judgement in default was sent out when I filed a part admission, acknowledgement of service and a defence all within the time frame. "

 

Any admittance automatically guarantees judgment and its registration ...you dont have a default judgment....always defend all the claim and then you can thrash out any disputes during the process...which you are afforded because you defended all.

 

 

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 OTHERS

 

 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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No its not correct....a part admittance can not be a default judgment...a default judgment is when you fail to respond to the claim.

 

It should be a Notice of judgment for the partial admittance.

 

All explained din the CPR link I posted previously.

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 OTHERS

 

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

 

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Ok thank you I did read those notes and I have done previously as well because I found them independently but could not understand them.

 

Do I have a leg to stand on in complaining to the Court then.

I may have to just pay the whole sum requested by the Claimant though and hope to get some of it back through other means, or the sale may fall through.

 

They have me up against a wall really, and they knew this all along, but I am not one to give in without a fight even though its cost me in the end.

I do really appreciate your help, not been able to get advice anywhere on this.

 

Just to clarify...

when you say failed to respond to the claim...

do you mean when you received the papers from the court...

that's when I filed a defence part admission and acknowledgement of service all within the time limits ?

 

I did not fill in the Claimants initial form's as I was not disputing the debt only their costs.

Thank you

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Whether its a default judgment or not its irrelevant to your problem....the fact is you have a CCJ...which as stated is because you part admitted...always defend all then argue the ins and outs later.

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 OTHERS

 

 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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I think the confusion happened when you were talking here as a third party and then as your son.

 

if you part admitted the CCJ on behalf of your son, there was never anything you could have done.

 

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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