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    • as you have appealed you have lost certain protections in law but that doesnt change the law of contract. if you live close to the site or visit there can you please take some pictures of the car park entrance, any signs there and any signs inside the car park plus more importantly pictures of the offending payment machine. You can pretend to enter something to show what you can and cant see to highlight the problem and use this stick of their to beat them with. They dont ahve a hope in hell in enforcing this  but being  a buch of litigious and greedy cowboys they will, unjfortunately not see reason. what did their rejecton letter say? No IPC member ever accepts an appeal and nor do the IAS, they are not honest brokers so dotn be put off by this. Please redact any personal information and that will include car reg and any reference numbers, bar codes QR codes etc   If you still have the ticket even better as it show that you paid and then any other demand they make as a condition of parking is of no real consequence
    • Have had phone contact from the court. Judge has sent a court date of mid August, as he wants to see how to proceed in light of the "mystery" discontinuation form. As far as I'm aware, he requires all to attend on the date. I do need to double check the attendance requirements though, as I'm not at home to see the actual letter notification.
    • One from the newspapers, a motorist who took time to change his baby's nappy before feeding the meter at Sutton Harbour, Plymouth was sued by Britannia parking but the judge threw out the claim becuse "neither the sign or the small print made it sufficiently clear that the time started when entering the car park". Now as usual the paper refers to a "fine" and  it has been commented on before by judges tht the clock doesnt start when you enter the car park but should only take into account the actual parking period and hence the MINIMUM 10 minute grace period. So peeps, look at the wording fo the signage and if there isnt a clear definition of the grace period no binding contract! Will they change their ANPR systems to reflect this? Of course not, the majority of people will pay up even though the charge is unlawful.
    • yous is the reason already there
    • Purely out of curiosity, if I don't pay and go to court will the fine be more if i'm found guilty?   
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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      • 0 replies
Cloverfield

Cabot backdoor CC for Newday Card - Now Warrant of control

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There is no point in applying for an instalment order if you have no money to pay, and no point in applying to set aside if you don't have grounds to contest the CCJs. Were the debts statute barred?

 

Gather information about all of your debts and consider applying for a Debt Relief Order if you are eligible, this will write off all of your qualifying debts and you can forget about them. Although it will affect your creditworthiness for the next six years.

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" There is no point in applying for an instalment order if you have no money to pay, and no point in applying to set aside if you don't have grounds to contest the CCJs "

 

The reason for the application is to convert it from Forthwith to Monthly and stay the current WOC also to stop further Bailiff attempts.The sooner the court are aware of the OPs financial situation the better.

 

Who mentioned anything about setting a side ?


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Posted (edited)

There doesn't seem to be much point paying £50 to vary the order when Cloverfield has no disposable income to pay the debts of £8k plus in reasonable instalments each month. She doesn't own property, doesn't own a car as she uses her son's motability car, doesn't have disposable income over £50 a month so if the total debt is under £20,000, the £50 fee would pay more than half the £90 cost of a DRO.

 

Even if the order is varied, one missed payment can result in enforcement action starting all over again. It's just delaying the process for a while.

 

On ‎06‎/‎04‎/‎2019 at 18:23, Cloverfield said:

Also, my son has a Motability car that I'm registered to drive, can they take that?

 

Definitely not. They cannot take any motability cars.

Edited by Will Goodfellow

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If she had no money wouldn't she be a candidate for fee remission under ex 160?

 

I agree about the sums available to her, the variation can also be used to report that she cannot afford to pay anything of course.

The point is to get the bailiff off her back if supported by evidence and a sworn statement the court may suspend execution completely.

 

 


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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6 minutes ago, Dodgeball said:

If she had no money wouldn't she be a candidate for fee remission under ex 160?

 

It depends on her partner's income, possibly not. Carer's allowance is not classed as income in the calculation.

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On 09/04/2019 at 13:42, Cloverfield said:

I pay £50 per month to CT arrears so I'll list that in priority debts. 

 

I only have details of one CCJ (this one) and Northants couldn't tell me about the others as I don't have case/claim numbers. Does this mean I'll have to check my credit report? I've been reluctant to do that as it will definitely alert any other creditors to me, and so far they've just been fishing. Can I just sort out each CCJ as they crop up instead? At least I'll know what to do and how to fill in the forms.. I know you can bundle CCJ's together if they are less than £5k, but mine are over that amount. 

 

My head feels like it's going to explode!

2

Not sure what you mean by bundling together CCJs, could you clarify. 

 

Apparently, you can claim if your hubby brings home less than £545. a month. Don't count your allowance and mention your disabled son on the form, any problems, ring the court you are applying to.


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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I read that you can include all CCJ's in one application - saving money on fees and making just one monthly payment. Irrelevant as total debt has to be below £5k.

 

Husband earns more than the threshold, so I didn't qualify for help with the fee.

 

I followed the advice given here and sent the form and fee last week. I got a call on yesterday to say that as soon as the cheque clears, the application will be processed. In the meantime, he said he would make sure that the bailiffs were aware my son was autistic and would ask them not to visit. I don't know if that will actually work, but that's what he said.

 

If my low monthly offer is accepted, I certainly won't miss a payment. I'm not destitute, I just don't want my husband to have to pay for my stupidity. I want only my income to be counted and the money payable to come from me.

 

Thanks again for the good advice.

 

 

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To be honest you would have been better off ringing the Bailiffs Office yourself and telling them you have submitted an application, they can then look out for it and in the majority of cases will put to one side until the application is heard.

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Hi Plodd, good sensible advice, as usual, I advised the same thing in post 9.


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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4 hours ago, Cloverfield said:

 

I read that you can include all CCJ's in one application - saving money on fees and making just one monthly payment. Irrelevant as total debt has to be below £5k.

 

 

 

 

This is probably in relation to the second charge that bailiffs make, It can only be rendered when the debtor has not satisfactorily responded to the first notice and the bailiff calls at the property.

The Regulations state that this fee £235 should cover any other, simultaneous calls, for other debts that are on the bailiff's books.

 

Your priority is to ensure the offer you made in relation to the first notice you received is accepted, thus the second stage fee will not be due at all.


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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This is County Court Bailiffs not HCEO..there is only one fee  £110.

 

https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

 

" I read that you can include all CCJ's in one application - saving money on fees and making just one monthly payment. Irrelevant as total debt has to be below £5k. "

 

Incorrect one CCJ per N245..you can bulk CCJs on to a Time Order/DRO/Bankruptcy 


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Dodgeball is referring to Bailiff fees and not Warrant or Writ application fees.


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County Court Bailiffs  are salaried civil servants employed directly by the court service......there are no further fees PT 


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Obviously time for me to go and sit on the naughty step. I may be quite some time.


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9 hours ago, Andyorch said:

This is County Court Bailiffs not HCEO..there is only one fee  £110.

 

https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

 

" I read that you can include all CCJ's in one application - saving money on fees and making just one monthly payment. Irrelevant as total debt has to be below £5k. "

 

Incorrect one CCJ per N245..you can bulk CCJs on to a Time Order/DRO/Bankruptcy 

1

Yes, and as said they are generally quite approachable, and being salaried has a lot to do with it. Sorry, I was referring to EAs.

I can't think of any other situation where you get two for one.


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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