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    • thanks for the info. I thought that might be the case.    I have been at the same address since 2009.    in 2010 they wrote to an address that I lived at in 2008 and left in 2009. I assumed they collected that address from the electoral roll maybe. after investigation this is the address where they secured the CCJ at.    The SB MCOL success in 2015 was from the same current address I am at now (and since 2009 ) and is the same address that they are writing to now.    so no I have not moved, they just didn't write/contact for a long time   thanks Dave  (thanks for the info and your time I have made a donation through PayPal)    
    • Hi all, just finished my Hearing.. Nothing owed to me by VCS so I WON the case.   Mr D from VCS stated he wanted to Appeal, then he withdrew the opportunity. VCS have 3 weeks to appeal so I may yet get a letter.   The WS "we" all put together was "Very Informative" the Judge said.   What swung the judge was that is was a Stopping Event, not a Parking Event.   I didn't make any counter claims as yet.. Will wait to see if an Appeal is forthcoming..   Just want to say a Big Thanks to all for your help. I do hope it's finally over. It was pretty Intense for a Layman!   Regards Tom    
    • Have you had the property valued.....what's its worth ?  If he agrees to nothing and signs nothing he is legally entitled to 50% of the value anyway.
    • My car was on road outside my house.  i took the loan out october 2019, never defaulted till June 2020. Requested payment holiday which they granted, still struggle due to Covid.   on the paper work it says I took 2000 and pay back 175, a month. I actually only had 1200 at 105 a month. They never sent me new paper work.   Hence kept telling me wrong settlement figures or would not send you settlement figures, then another date would pass. 
    • Hi All,  I would appreciate a bit of advice re a speeding offence.    I lease a vehicle and the leasing company received a Notice of Intended Prosecution (NIP) dated  7/1/21  relating to an alleged offence speeding offence (fixed camera) on 12/12/20.   As soon as I heard from the police, I wrote back and informed them that the notice was well over the 14 days set out by the Road Traffic Act. and sent them a copy of the notice issued to the leasing company dated 7/1/21.   The police persisted in simply replying and advising me that the it was issued within 14 days! After four letters from me, asking them to explain how this could possibly be within 14 days, they eventually put a bit more meat on the bone and said that an NIP was sent out on the 15/12/20, which would, of course, be within the statutory time.    I then contacted the leasing company again,  and they have confirmed that the only NIP that they received was on 7/1/21, otherwise, they would have contacted me earlier!     The NIP dated 7/1/21 presents as an original notice, not a reminder; not sure if that is relevant.    Any suggestions as to how to deal with this one?     Many thanks.      
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      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.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Hi All,

 

My first post - please be gentle this is a very stressful and difficult time!

 

Back in Feb I received a PCN from Manchester CC.

I can't recall why I was even in Manchester or anything about the circumstances.

I was pregnant at the time and unfortunately lost my baby in April.

From there everything went to pot.

I couldn't cope with day-to-day life, I left my job and things that should have been sorted just, well, weren't.

 

Fast forward a few months and I received a letter from Equita stating that they had a court warrant to deal with this.

Having had nothing from the court myself, I wrote back asking for a certified copy.

Nothing materialised and I forgot all about the matter

- still not quite back to myself in terms of organisation!

 

Last Tuesday a bailiff from Equita attended my property.

I explained the situation to him but he clamped my car giving me one week to sort something out.

I offered a payment plan but this was refused.

I was NOT given a Notice of Immobilisation nor was one placed on the car.

I did NOT sign a Controlled Goods Agreement.

The only paperwork left for me was a notice which would have been posted if I had not been in (informing me they had been and would return on X time etc.)

 

I emailed Equita that day again requesting copies of the warrant and a copy of the Notice of Enforcement giving me 7 days notice of attendance.

 

On Thursday I received a letter from Equita, a Notice of Intention, which stated it may still be possible to make a payment plan.

It was dated the Monday, one day prior to the bailiff turning up.

 

I called Equita and the chap was extremely rude and talked over me constantly.

He said the letter said 'may be possible' and that it was not possible.

I argued it was unfair to send a letter out on one day then send a bailiff before I had chance to even receive it, let alone respond.

 

I also received another letter on Tuesday this week stating they enclosed copies of what I asked for - but with nothing enclosed.

 

I am currently 14 weeks pregnant and have been quite poorly over the last week with a severe chest infection.

 

Today I contacted the National Debt Helpline and they helped me to draft a vulnerability letter which I have emailed to the bailiffs and Manchester Council.

 

I called the council to let them know the situation.

The lady was lovely and asked me to phone the TEC to make an appeal (which I have done and sent after speaking with them and explaining the situation).

 

In my letter to the bailiff by email I put them on notice that I have appealed to the TEC.

 

Should they now remove the clamp whilst this is going on?

Without a Notice of Immobilisation or CGA is the clamp there legally?

 

I would appreciate any advice!

 

TIA

Edited by dx100uk
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why did you not get the original ticket in the post etc?

have you moved since the incident?

 

if you've appealed that you didn't received anything then yes the clamp should be removed once they contact the bailiff

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 for replying.

 

As I said in my previous post I did receive the PCN.

Things at that time were a little all over the shop to say the least and I wasn't dealing with general life very well at all. I do have a vague recollection that I wrote back to the council that I was unable to pay for a ticket at the machine due to a man sitting underneath it and I felt intimidated.

 

I can't be sure, I have no records and I am willing to pay the charge. My issue is I can't afford to pay the whole thing in one go.

 

I've spoken to Manchester Council today regarding this and they advised me to speak to TEC and to file an appeal (which I have)

 

. I don't recall receiving anything from the initial letter to Equita writing to me about a warrant (which I requested a copy of).

 

That aside, I feel that Equita may not have acted lawfully in clamping my car without a Notice of Immobilisation, a Seizure Notice or a CGA?

 

I believe the council should now have been informed of my appeal and the lady said they would inform Equita. I'm hoping they will then come back to remove the clamp until the TEC appeal is decided?

Edited by dx100uk
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Not sure what a notice of immobilization is... nor if the others are even needed.

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 should have received a Notice of Enforcement from Equita

- at which point they add £75 to the debt outstanding

- this gives you a certain amount of time

- the date is given on the letter

- to make contact to pay in full or if possible in instalments.

 

If no contact is made they will visit

- without notice

- and charge you £235 for the pleasure.

 

They may take Control of Goods if they either gain entry or find goods of value outside.

The car may be clamped for up to 2 hours to allow payment to be made or if not it can be removed for sale

- extra fees are then incurred if this happens.

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

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The letter you received from them. Did this say anything about a visit? Was this perhaps the NOE?

 

Firstly, is the car yours, is it on finance?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Back in Feb I received a PCN from Manchester CC.

I was pregnant at the time and unfortunately lost my baby in April. From there everything went to pot.

I couldn't cope with day-to-day life, I left my job and things that should have been sorted just, well, weren't.

 

Fast forward a few months and I received a letter from Equita stating that they had a court warrant to deal with this. Having had nothing from the court myself, I wrote back asking for a certified copy.

Nothing materialised and I forgot all about the matter

 

Last Tuesday a bailiff from Equita attended my property. I explained the situation to him but he clamped my car giving me one week to sort something out. I offered a payment plan but this was refused. TIA

 

You mention in your question that in February, you received a penalty charge notice. This was issued as you had not paid for 'on street' parking (you had difficulty making payment into the machine). You seem to recollect writing to the council about this by cannot be sure.

 

You have not mentioned anything about the statutory notices that you should have received from Manchester City Council. The notices would have been the Notice to Owner followed by the Charge Certificate and finally, the Order for Recovery. Did you receive any of these notices ?

 

If you had not received the notices, then it is usually an indication that you had moved house and had not updated your V5C (Log Book) with DVLA. Is this possible?

 

In relation to your car, how much roughly is it worth? Is it on finance?

 

Lastly, you mention that you had not received a copy of the warrant. The warrant is not a document that is your. It is addressed to the enforcement agent and is his authority from the court to enable him to recover the debt. On last point, an unpaid Penalty Charge Notice will not lead to a County Court judgment. You do NOT have a CCJ.

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I am currently 14 weeks pregnant and have been quite poorly over the last week with a severe chest infection.

 

Today I contacted the National Debt Helpline and they helped me to draft a vulnerability letter which I have emailed to the bailiffs and Manchester Council.

 

I called the council to let them know the situation. The lady was lovely and asked me to phone the TEC to make an appeal (which I have done and sent after speaking with them and explaining the situation).

 

In my letter to the bailiff by email I put them on notice that I have appealed to the TEC. Should they now remove the clamp whilst this is going on.

 

You mention that National Debt Line have helped you to draft a 'vulnerability' letter. Please do not take this comment the wrong way but I am just curious as to what grounds they believe that you are 'vulnerable'.

 

You have also been advised by Manchester City Council to submit an Out of Time (TE7 and TE9) witness statement to the Traffic Enforcement Centre. I believe that you sent this yesterday. Was it sent by email to TEC and what time did you send it? You should have received an email acknowledgment from TEC. Have you received this?

 

On the Out of Time application, you would have needed to outline the reason why you are submitting the forms. What reason did you give?

 

PS: It will not be until the New Year that you will receive a response from the Traffic Enforcement Centre.

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Not sure what a notice of immobilization is... nor if the others are even needed.

 

A notice is required on the immobilisation of a vehicle under TCoG regulations.

If it is on a highway it is reg 17(2).

 

Securing goods of the debtor on a highway or elsewhere

17.—(1) Subject to paragraph (3), where the enforcement agent is proceeding under paragraph 13(1)(b) or © of Schedule 12 the enforcement agent may secure goods of the debtor by fitting an immobilisation device.

(2) Where the goods are secured by fitting an immobilisation device, the enforcement agent must—

(a)

provide the immobilisation device; and

(b)

provide a written warning to the debtor in accordance with regulation 16(3).

 

Regulation 16(3) (above) applies to goods secured on premises, this section gives the form of both notices.

 

3) Where the goods are secured by fitting an immobilisation device under paragraph (1)©, the enforcement agent must, at the time of immobilising the goods, provide a written warning to the debtor, signed by the enforcement agent, to be affixed in a prominent position on the immobilised goods, which must contain the following information—

(a)

that the enforcement agent has immobilised the goods;

(b)

the date and time of immobilisation;

©

that the goods have been immobilised because the debtor has failed to pay the sum outstanding;

(d)

a telephone number, which is available 24 hours every day, for enquiries; and

(e)

the reference number or numbers.

 

The LP hasn't said where the car was clamped.

Edited by dx100uk
unnecessary line

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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