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    • Hi all   Firstly, thanks for all the helpful threads on here. Whilst there's a lot to read and get through, it's both helpful and reassuring to see so much great advice and support to others in similar situations.   I've received a letter and a Claim Form from Moriarty for an ADCB CC debt. I'm presently in a DMP for existing UK debts and (probably like many others) I truly don't know the best way forward, as time is clearly of the essence - but I don't feel I've 'up to speed' yet on all the other threads, advice, lingo etc. to respond accordingly.   I'm looking at drafting the PAP and getting it of tomorrow, but just want to get into the other threads to see if it's the right thing (and get more info on similar cases).   Please feel free to comment with any advice - all gratefully received of course. Thanks again for anyone that's posted in other threads and great to see so many kind and generous respondents helping others.   PS. Haven't posted/scanned details onto the thread yet as still to read up on the rules/tips, but Claim Form filed in Northampton on 20 Nov.
    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
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Need some advise

 

had bailiffs at my  door for some  parking ticket on a council car park 

Reason being on his notes he was looking for a person same firstname as mine but lastname colin     

even though my middlename is colin not my lastname

told him I'm not that person as that was not my surname he has on his papers   

 

after a few polite words to him he threatened to take my van  

1, its a work van     

2, im self employed  so need the van  for  work 

3 ,  the previous owner was ment to forward the v5 to me but didnt   

 

i called dvla and van comes back as unregistered owner

told me to fill a form in for new v5   

will be in my name not the name the bailiff has

example of what i mean  

 

Fred joe  bloggs      (  name )

Fred joe               (ballifs script ) 

 

Where do i stand 

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do you know you have a ticket ?

is this your ticket?

or his ticket?

and are you just being funny with them to get out of it?

 

you must admit, in the bailiffs eyes..its very unusual for old and new registered keepers to have similar names.

 

 


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No didnt  know  i had a ticket   and no  we both dont have same  name    if you  read  sample  name   my last   name  is not  on the script    my  first  name  and  middle  name  is on it   not my last  name   , when i brought  the van  i paid   a deposit  on it  but  didnt collect  van  for a week or so 

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that's what I said.anyway back to what I asked

could you have a ticket you don't know about?

 

is it from a council area you could have parked in

simplest way might be to ring and findout

if it was issued after you purchased the van and you have proof

then a simple statutory declaration might sort this .

 

so when did you buy the van

and what date is the PCN...do you know?

 


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Sounds like to me this may be for a different vehicle you owned at some point. The van isn't registered in your name so it couldn't be for that vehicle could it? Your name, whether your full or partial name, isn't linked to it.

 

I'd keep the status of the van as it is - adding your name to it now could cause problems.

 

Get as much info from the bailiff - creditor, ref numbers and so forth.

 

To be clear, you say the van is used for work - in what capacity is it used, ie for carrying tools, supplies etc, and what is it's value?

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13 hours ago, Cabbyescort said:

 

 

The previous owner was meant to forward the v5 to me but didnt   

 

i called dvla and van comes back as unregistered owner

told me to fill a form in for new v5   

will be in my name not the name the bailiff has

example of what i mean  

 

 

 

Can you explain your above comments a little clearer. It may just be me but I am confused.....

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You have to admit that the bailiff would be a bit suspicious about the names.

He's surely seen his fair share of people with 10 names mixing them up for different purposes.

Example: john mark colin edward william arthur smith wilson llewellyn burns

Driving licence: john smith

V5c: mark wilson

Insurance: colin llewellyn 

Council tax: edward burns

Etc. Etc.

As for some crazy reasons this is perfectly acceptable in uk, many smart ones do this deliberately to avoid accountability. 

Is this a case of someone taking your middle name from dvla as your surname?

Is this your ticket from another vehicle?

 

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When you buy a vehicle, the seller doesn't forward the V5 to the buyer. That's not how it works. They send it to DVLA with your details and DVLA issue a new one to you.

 

Sounds like that step failed - but is it of any relevance now? Who owned the van when the PCNs was incurred? That's the important bit, which you've not mentioned.

 

As for the name, it's trivial. They found you - you know it's you, and you know the vehicle the PCN was issued to is yours. The name issue is not significant. If they didn't get it from DVLA (since the vehicle wasn't registered) then it's no surprise it's not accurate.

 

Your problem is, they may clamp your vehicle to force payment. They way to prevent that is to convince them it's essential for work purposes, but then you have accepted your responsibility for the debt and they may try to enforce by other means.

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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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All sorted now finally  sorted  and  yes  its  nothing to  do with  me   matter now resolved 

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