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    • doesn't matter you've admitted about the DN and anyway where have you done that and to whom?   by assignment arrows are the creditor regardless to your acking of that fact or not.      
    • Just ignore the letter.   Block/bounce their emails or let them come through so you know what they're up to, and keep us posted.............   😎
    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • For PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH       For either option, does it say which appeals body they operate under. Yes    …………………..     This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system.   The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see.   The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system . I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.      My statement and evidence to POPLA. in response to CE evidence highlighting main arguments.   Par 18 . The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured...….. Me Not from where I was parked. A photo from the bay shows a pole with the sign facing away.  Par 18 . Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.......  Me I treat this paragraph with contempt. There is nothing to "highlight" here as I maintain I did not see any signage; Regardless ? I could have legally parked right outside the Surgery as there were spaces at the time but having "regard" for disabled and elderly, parked further away having to cross a busy road to the Surgery. Par 20....,. Furthermore, the Appellant failed to utilise the operator’s helpline phone number,,, (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.... Me How could I have done this ? I only realized there were signs there when the PCN arrived. Summary. I stand by statements and maintain that I did not see any signage entering or leaving the car park. The main sign at the entrance is too small and easily missed when you have to turn right though busy traffic and once through carefully avoid pedestrians, some walking their dogs. The main sign is blank at the back. When you leave the car park I would have noticed the private parking rules if the writing was on both sides. Roadworks signs close to the parking sign at the time did not help either. [see photo] CE evidence is flawed, illegal and contemptuous. Photos submitted are from months ago, Today I have driven into the car park and noticed the same signs turned 90 degrees including the one opposite my bay. CE have done nothing to rectify this disregarding my evidence and the maintenance of the car park. Showing number plates is a total disregard to patients privacy and I object to these photos being allowed as evidence on the grounds that they may be illegal.    POPLAS assessment and decision....unsuccessful   Assessor summary of operator case   The operator states that the appellant’s vehicle was parked on site without a permit. It has issued a parking charge notice (PCN) for £100 as a result. Assessor summary of your case   The appellant states that he parked on site to attend a dental appointment. He states that the terms of the site had changed since the last time he parked two years ago. He states that signage at the entrance to and throughout the site did not make the terms clear. The appellant has provided various photographs taken on and around the site. Assessor supporting rational for decision   The appellant accepts that he was the driver of the vehicle on the date in question. I will therefore consider his liability for the charge as the driver.   The operator has provided photographs of the appellant’s vehicle taken by its automatic number plate recognition (ANPR) cameras. These photographs show the vehicle entering the site at 14:17 and leaving the site at 15:13. It is clear that the vehicle remained on site for a period of 56 minutes.   Both the appellant and operator have provided photographs of the signs installed on the site. The operator has also provided a site map showing where on site each sign is located.   Having reviewed all of the evidence, I am satisfied that signage at the entrance to the site clearly states: “Permit Holders Only … See car park signs for terms and conditions”.   Signs within the site itself clearly state: “DENTAL PRACTICE PERMIT HOLDERS ONLY … ALL PATIENTS AND VISITORS MUST REGISTER FOR A PERMIT AT THE PRACTICE RECEPTION ... IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100.”   The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice.   The operator has provided evidence to show that a search for the appellant’s vehicle has been carried out against the list of vehicles for which a valid permit was held on the date in question. The appellant’s vehicle does not appear on this list.   The appellant states that he parked on site to attend a dental appointment . I accept that this may have been the case, however I do not accept that this entitled the appellant to park on site outside of the terms.   The appellant states that the terms of the site had changed since the last time he parked two years ago. The operator’s photographs of the signage on site are dated 27 March 2019.   It is clear based on these photographs that the terms had been in place for at least three months by the time the appellant parked, which I am satisfied was a reasonable period for any regular user of the site to adapt to any change to the terms.   The appellant states that signage at the entrance to and throughout the site did not make the terms clear. He has provided various photographs taken on and around the site.   As detailed above, I am satisfied based on the evidence as a whole that signage made the terms sufficiently clear. I am satisfied from the evidence that the terms of the site were made clear and that the appellant breached the terms by parking without registering for a permit.   I am therefore satisfied that the PCN was issued correctly and I must refuse this appeal.   docs1.pdf
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Prosperous1

cabot/restons Halifax Card CCJ - Now County Court Bailiffs - sorting out payment - help

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back after letting the red mist descend on Reston’s CaBOTs.

Finally after years in financial purgatory, and a looming threat of a Baliff looking for levers, I raise my head to make small financial amends, only to get shafted by

Mr.Cool Hand, I’ll ask all the questions and control the conversation,

what I say you can afford to pay me, otherwise I’ll set the dogs on you.

I take this abuse of privacy, with a spirit of willingness

to accept my situation, move on from the finacial

debarcle my family suffered at the hands of HSBC, Nat West and later the incompetence of Lloyds Bank commercial mortgage dept, so this patronising verbal volitioner can dictate how my wife and I can spend

the pittance we now have remaining following the successful clearance of our mortgage arrears, arrears

that have periodically accrued during the last 6-7 yrs during our pursuit of gainful employment, you can imaging what a nightmare it has been from the financial suffering all to familiar when in a lot of cases peoples means to repay are shafted by the economy and the cut backs to essential services.

I have recorded last nights attempt to start a repayment plan with Cabot / Reston’s, a number recommended I call by the Baliff office in my town.

if I came to agreement they can hold off for 5 days,

the wife is bricking it, her brain works better under stress than mind, even though I have stuarded our ship

always, last night she had some questions to ask a

Mr O’Brian which surprised me a lot, we both have about £30 K of unsecured personal debt, my wife’s being a lot less than mine, our debt management company Ashley Longmann let us down, never corresponding or advising, just taking the money, we didnt know what we owed and to who, the list was bigger than we had a clue who the people were representing and paying nominal amounts to admittedly, on their statements.

Finding work and earning enough to keep the wolf from the door and pay the debts we have found an im****aabollity, we persevered all the same.

Can they clamp my works hire car from Europcar?

Do we have time to send a N125 form in, by the way we offered £100 a month and he said based on what we told him we could afford £380 per month, that’s when I started to lose it a lot, languages and all, sadly.

The CCJ was for £50 we offered £100, he said his clients interest would be acceptable to that amount.

its recorded if it could be used to help customers realise

there is no way forward speaking with these types, they

just wind you up with patronising questions to embarrassing to discuss with the heads of debating classes.

Kind Regards

Prosperous1

(Phil)

 

He said his clients wouldn’t be accepting the amount offered of£100 pm

 

 

He estimated we had £400 left over from our bills, he wanted us to £380 a month, leaving us with £20 per month.

 

Any advise would be much appreciated.

Edited by dx100uk
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So 2 pages of dribble but it doesnt really ask or answer what you are going on about?

 

Youve had a bailiff attend regarding a CCJ?


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And thats why you dont ring or write or try to negotiate with Restons....If the judgment was for £50.00pm...why are you offering £100.00pm?

 

If your judgment states £50pm then thats what you pay.

 

 

Andy

 

Thread moved to Financial Legal Issues Forum.


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No clue how to send a pm link, is there an idiots guide on here anywhere?

 

When they first snaked that CCJ into me, I never had 50 pence never mind £50 squid

That’s why

!

 

Can the Baliff levy my hire car?

 

Is there anyone other than Reston’s, eg the County Court who I can contact to arrange payment plan?

 

Thanks so much most sincerely

Donuts to follow.

 

Like I said in my dribble

 

I recorded the conversation if anyone wants to hear it, may save a life!

Edited by dx100uk
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why do you need to send a PM link?

 

have you actually had a letter from bailiffs entitled notice of enforcement?

 

the judgement is for £50PCM, you pay that

they [restons] cant demand more than what the judge stated.

 

when was the CCJ attained?

when was your 1st £50 due?

have you paid anything to date?


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Thanks

by the way sorry for your loss.

 

Time has elapsed since I failed to defend the CCJ and charging order, (debt in my name).

Our Home jointly owned.

Ignored paying the £50 CCJ due to lack of funds.

Notice came through of impending Baliff action, rang baliff, who advised contacting Cabot and to make sure we could afford the amount arranged regularly.

 

We made ourselves do an Ins and Outs on an A4.

Following that we rang Cabot who weren’t home but Mr O Brian now from Reston’s was, who

had our file to hand.

I think he manipulated our figures which in hindsight was ambiguous to say the least, suggesting we can afford £380 a moth.

 

Yesterday I went into the local court offices,and posted in their drop box a completed

form N245, to stave off the he baliff visit and offer £60 per month.

 

I have a rake of old personal debts stressing me and Mrs out over the last 8 yrs or more since

39 year old business ceased trading, I could afford at that time.

Have taken so many **** poor paying jobs and finally have landed a salary and commission job.

Just finished paying the arrears on the Paratus, now want to use that to pay our way out of ****, finally.

Thanks

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Would you please advise us how to have a go back at the vultures?

What to send off like an SAR form, not sure enough to follow up on but would

be grateful for action plan ideas.

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Who was the bailiff company?

 

This is a restriction k not a full charging order

So they wont get a penny when you sell as you dont need to tell them until the home is sold..too late to get money then.


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Thanks

Newport County court bailiffs, don’t think their a small business gang, not sure.

CCJ info to follow.

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Only a court bailiff

Nothing they can do

 

What is the debt please

Is it cca regulated

And below £5k?


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urmm this is from a link in my notes from dec 2017...

 

If you have a debt of between £600 and £5,000 (including court costs), you will seek a judgment in the county court.

.

Once you have this, you then have a choice for enforcement between either the County Court Bailiff or the High Court Enforcement Officer (HCEO).

.

Debts below £600 can only be enforced by County Court Bailiffs. Judgments for debts of £5,000 and over can only be enforced by an HCEO.

.

But no debt can be enforced by either if it is CCA regulated

.

You can claim up to £100,000 on MCOL and The County Court generally handles claims for less than £50,000, with those over that threshold being dealt with by the High Court.

.

There are two key types of debt, that which is regulated and that which is not. And currently the options for enforcement against goods differ between the two.

.

For many years, almost all debt regulated by the consumer credit Act (CCA) has only been enforceable by the County Court Bailiff via a warrant of execution (now a warrant of control), leaving the creditor no alternative option for enforcement against goods.

.

This restriction is due to a judgment made in the case of Forward Trust Plc v Whymark (1979) and the enactment of The High Court and County Courts Jurisdiction Order 1991 which prevented High Court Enforcement Officers (HCEO) from enforcing CCA regulated judgments and any judgment below a certain value, currently £600.

.

One small exception is that HCEOs can enforce CCA regulated judgments over £25,000 with an agreement date before April 2008, which in practice means very few meet the criteria. All CCA regulated debts agreed after this date may only be enforced by the County Court Bailiff.

.

And whilst there is no quantifiable evidence , creditors with CCA regulated debts being reluctant to use the County Court Bailiffs for a combination of factors, ranging from delayed enforcement due to staff shortages, to the lower than desired collection rates, which some say are due to a lack of financial reward for successful recovery.


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I've updated your thread title to better reflect your issues


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so WHAT letter did you actually get from the Count court bailiff please?

atleast its title please


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Notice of Issue of Warrant of Control

 

You are welcome to a photo of the Doc.

 

Reference my visit Friday afternoon 19 November 18, courts were closed at 3pm.

I was advised of a drop box for depositing any court forms.

 

I returned to the court office today, where I paid a £50 fee, cost of N245 appeal process.

The warrant is temporarily suspended while Cabot are contacted to agree or not to my proposal of £60.00 pm.

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Skrted well done

 

Ill pop back soon..

 

Why did you not. Contest the ccj?

 

Tell us the story..


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Regarding Cabot/ Reston’s

 

What if they don’t accept my offer?

Will I have to contact the money claims department for a copy of the original order

showing £50pm CCJ order, as proof, possibly shredded my end, (painful, lol), which I couldn’t pay at that time?

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If the court has already determined the monthly payment.....they cant object but they can request a redetermination of payment by making application with fee.

 

I assume the Notice of Issue of Warrant of Control was issued because you failed to comply initially with the judgment order ?

  • Confused 1

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I donÂ’t know why I didnÂ’t contest it, I made a feeble attempt with the help of another

and managed to get a stay of execution, couldn't muster the follow through for some reason.

 

That's why I haven't visited banana, I felt I let them down, we have been struggling financially since our business ceased trading, we weren't making mega bucks during those 14 years of self sufficiency either, we ticked along and paid our way, employed rolls since have paid far less meaning a fire fighting approach to bill payments, utilities, mortgage, etc.

 

My current roll pays better, pound of flesh employment but better pay.

 

Im in a mess with Her Majesty, (I'm having a Renaissance. I lately and have plucked up the phone to HMRC who have agreed to reduce the £4000 odd in fines to £1750, provided I do a self assessment for 15/16,

 

always had an accountant and fail badly without any admin support, and debt letters keep on coming,

 

Ashley Longmann Debt Management we were making regular payments to creditors on our behalf, they went bust, or changed names, or something, also, the list of creditors on their statements were unrecognizable to my wife and I.

We were happier not to pay them, and thought they were very amateurish in their overall methods.

 

I would like to know where to start on tackling our debts,

 

but yes That's correct, failed to comply to judgement order.

Edited by dx100uk
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Oh blimey no wonder you messed up fee paying fleecers etc

And yes we can easy help with your debts

 

But thats for a new thread

 

You can get a copy of the ccj from northants bulk just phone and ask. If you need it


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Notice of Issue of Warrant of Control

 

You are welcome to a photo of the Doc.

 

Reference my visit Friday afternoon 19 November 18, courts were closed at 3pm.

I was advised of a drop box for depositing any court forms.

 

I returned to the court office today, where I paid a £50 fee, cost of N245 appeal process.

The warrant is temporarily suspended while Cabot are contacted to agree or not to my proposal of £60.00 pm.

 

So you submitted the N245 to stay the Warrant.....there was no need to make any offer of £60pm as its already laid out within the judgment order ...£50pm


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