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    • The only way to verify whether there is any financial reward for the management is seeing the agreement. That would be required during disclosure IF court proceedings went ahead... Unless you could bring pressure to bear and get a copy?
    • god they've got at you haven't they. told you all the usual utter BS. a CCJ vanishes from your credit file on it's 6th B'Day regardless to being paid off or not or paying or not. same with any debt with a registered defaulted date - it vanishes from your file on the DN's 6th B'day regardless. creditfix are Knightsbridge, (they renamed) there are 100's of threads here on Knightsbridge, if i remember rightly 2 of the directors of a certain very big IVA provider were struck off for embezzling £1m's out of debtors. pers i'd stop paying now.  end of . just ignore them all. 99% of your debts are to utterly powerless DCA's and probably were never owed in the first place only goes to firm up my belief from post one..you got had blind. its very easy to deal with the debts even those with CCJ's. can you copy and paste what you credit file says regarding the IVA please?   
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    • Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's on me and I'll have to wait 6 years again.  2 of the CCJ come of this year and then I'll only have the iva in credit file - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off. My true victory would be having the iva wiped off my credit file as mis sold or something that way I Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -  Other option is to try and borrow money and pay make a full and final offer  Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting  It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 accounts Lowell about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway  If I can somehow remove the iva from my credit file I'd be happy 
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CEL PCN Claimform - Tenerife Buildings, Station Road, South Gosforth, Newcastle NE3 1QD *** Claim Discontinued***


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because no one has posted on it for the last 1356 days.

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Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

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Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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They must have pictures and they have to provide them, if they can't where is the basis of their claim.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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the lba doesnt fulfil the requirements of PAP but that will be a minor issue as you arent going to lose anyway.

Now CEL will probably fail to send the details of the claim in time but your hubby still has to do his bit or they win by default.

 

It doesnt matter that you were driving as this is not going to be admitted, ther main thing is they havent followed the POFA to create a keeper liability and their usual letters fail to be good enough to create ANY liability under the POFA so use of court is an abuse of process to boot.

 

They will drop the claim when it becomes apparent that it wil be robustly defended but until then hubby has to follow the rules and they are hoping he doesnt

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  • dx100uk changed the title to CEL PCN Claimform - Tenerife Buildings, Station Road, South Gosforth, Newcastle NE3 1QD

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.

 get that CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

 

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

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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well get that previous post 28 done.

time is a tickin'

 

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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well you cant make a mistake simply copying a template we give.

send it to cel not a person.

 

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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do NOT miss your defence filing date no matter what does or doesn't happen/be returned 

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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plenty of our std 2 - 5 line defences here already

 

just use our custom google search box

 

PCN Claimform

 

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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they will have snet the details by the time you need to send off you outline defence. If thye havent it is easy to compose somehting that states they have failed to show a cause for action against you by failing to submit the details of their claim as per CPR (whatever number) AND IN ANY CASE there was no contract offered to breach etc

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  • 2 weeks later...

Hi there,

Happy New Year to you ll :)

 

Just a few things:

  • We've still not had anything back since I sent the request of 13.14 letter but we have had the attached (POC).
  • Can I just clarify what an N180 is and so I need to do one of these too? (read this on other posts)
  • I'm going to start writing the defence now and have been reading a few posts on here for a suitable one, is this sufficient for this particular case please:

1. It is admitted that Defendant is the recorded keeper of the vehicle in question.

2. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012; see paragraph 5.1a. The car park signs are owned by Civil Enforcement LTD. Under CPR 31.14 I have requested evidence of the claimants contract between CEL and the landowner that assigns the right to enter into contracts with the public and make claims in their own name, and proof of planning permission granted for signage etc under the Town and Country Planning Act 2007.

3. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was not contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.

4. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

 

I have looked on Newcastle City Council's website and there's been no planning permission granted for that site, nor has an application ever been submitted from what I can tell. Also, the signage doesn't specify which businesses are included (as I mentioned before I ended up going into one business that is apparently not part of that car park even though it's on the same block). Should I mention that they've never sent any photographs of the car from the ANPR cameras?
 

As always, your help (and patience as I panic through this!!) is much appreciated. 

 

 


 

CEL latest letter.pdf

Edited by laluna88
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1 hour ago, ericsbrother said:

This is the problem with doing a google search for cut and paste examples.

I would never use this as it is outdated and no-one ever talks like this, use palin english where possible

 

Dx literally told me to do a google search on here for what to use. 

 

Apologies if this is frustrating as I can see that it is your bread and butter but as I mentioned before, I'm completely out of my depth here and I don't want to say anything that is either going to trip me up, or is just out right incorrect for this particular case. 

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Now go read what i actually said...

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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well other than what EB has pointed out,, probably selected a very old thread with that in 

or else (like you} it was someone else that had bumped that defence to a more recent thread, when in all truth, it stems from a more length defence (hence ref to cut n paste) that was published here many years ago but is no long appropriate.

 

 

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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Do you have a direct link to the suitable standard defences?

 

It took me quite a while to dig something out that I assumed would be suitable and I don’t want to waste everyone’s time here. This whole thing is stressful enough as it is, the last thing I want right now is to worry about what i’m posting 

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Please can you let me know if you're able to help, absolutely no problem if you can't though.

 

I need to file the defence by tomorrow lunch time at the latest as i'm being admitted into hospital for an ankle op tomorrow, won't be in any fit state after that so would like to get my ducks in line rather than palming the stress off on my husband.

 

Thank you.

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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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  • 2 weeks later...

with CEL just saying that no keeper liability exists and their letters failed to creat ANY liability whatsoever under the POFA 2012.

In any case it is denied that any contract was offered at the time so no cause for action against the defendant or any other person.

 

You had a limited time to do this so fire off this or something pronto if you havent already.

I did say the sontent of your suggested defence was OK just write it in plain english but you seem to want to tie yourself in knots over this.

You are not a lawyer so noone expects you to speak in Latin or old French, you wont get clobbered for it

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  • 2 weeks later...

I submitted something in time (it was due a few weeks ago now). 

 

CEL have sent this now - attached. It also included all the copies of letters sent to us with a photo of the car which was never ever sent up until this point. It also included the last page of the uploaded doc. 

 

Also, this first letter that is attached has our PCN number on it but the detail on the bottom of page 2 relates to a completely different vehicle for a different parking problem which isn’t ya. 

 

Any advice would be much appreciated.

new doc 2020-02-15 13.56.12_20200215145243.pdf

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what date did you submit your defence 

and what did you file?

 

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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