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    • OK.  So you lent your car to a friend in 2019 and he racked up three parking tickets that he tells you he didn't know anything about(!).  You were the registered keeper (RK) at the time at your family address, but you got chucked out and could not change your RK address with DVLA because you were homeless.  You knew nothing about the parking tickets and enforcement action until you got a bailiffs' letter passed on to you.  You made an Out of Time (OOT) application in respect of one PCN but Birmingham CC objected to it and the traffic court rejected your application.  A solicitor helped you make OOTs in respect of the other two PCNs but you don't yet know the outcome of those two applications.   Is that the situation you are in?   dx100uk thinks you can resubmit the application saying your friend was the driver.  I don't think saying that will help as the driver is irrelevant.  It's the owner who is liable to pay the charge and that is the RK (unless the RK is a car hire firm).  I assume you are not a car hire firm so you are stuck with the liability, not the driver.   Whether you actually can resubmit an OOT once one has been rejected I do not know, but why not try.  What did the solicitor put on the applications they helped you with?  Did you not ask their advice about the rejected application while you were with them?  I think you would have to say something to the effect that you never received any paperwork in relation to the PCNs because you had been chucked out of your home and because you were homeless you did not update your address at DVLA.  That is the truth isn't it?  You don't want to lie on the application.   To me that's a good reason for you not doing anything about the PCNs, but I suspect that Birmingham CC will object again and that the traffic court will reject again.  And, as I said above, I don't even know if you can submit a second OOT application in respect of a PCN if the first has been rejected.   So it looks to me like you might be a bit stuck.   Unless dx100uk, or spaceman61, or another poster with expertise in local authority PCNs comes along I'm not sure what you do.   If you get no more helpful suggestions here you could try on National Consumer Service.  If you do go there, do not register with a hotmail address.  You will also need to provide them with a timeline of everything for all the documents you actually have, and you will need all the facts and dates etc at your fingertips.  And make sure they are accurate.   http://forums.National Consumer Service.com/index.php?showforum=30   And get your friend to contribute to paying off the PCNs.  Do you believe he really knew nothing about them?
    • To enjoy the protection offered by s.75 CCA 1974 for a credit card payment, you must pay over £100 and under £30,000 for the goods or service (even if part payment for a larger total amount).
    • Hi Charlie and welcome to CAG   As an Executor, you have a duty to insure the property and tell the currect insurer of the passing of the deceased.   Most insurers will refuse normal contents cover on a house left unoccupied beyond 60 days. So, unoccupied, the home will not be insured against break-in damage, theft, flood, accidental damage, etc.   You may be able to obtain FLEE insurance covering only Fire, Lightening, Explosion and Earthquake. It may cost more than usual contents cover  because the home is unoccupied, even though the level/amount of cover is less than for an occupied home.   As said here already, an Executor would be wise (or indeed have a duty) to remove valuables from the home if you have somewhere safer to store them pending Probate, distribution, sale, etc.   I hope if you can explain the insurance risks to YB and assure him that you are not taking items just for your own benefit, he may see sense.   Please keep us updated ............
    • yours is not the next move   dx  
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yep

now block their address

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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please complete this:     dx  

Andy,   Can I just take the time to thank you for your help and kindness, I really don't know what I would have done without your help today.   And I just wanted to make sure that

You can alway click my heart >>>>>>>>>  to show your appreciation and please consider a donation to help us to continue to help others in your same predicament.  

Its very rare the claimant copies you in on their response and instruction to proceed......but you will receive a Directions Questionnaire (N180) next to complete and submit by the date it states.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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  • 2 weeks later...

Morning all,

 

Today received correspondence from the court "notice of proposed allocation to the small claims track"

 

States "TAKE NOTICE THAT" 

1. this is now a defended claim, the defendant has filed a defence.

2. It appeaars tht this case is suitable for allocation to the small claims track. If you believe that this track is not the appropriate track for the clim you must complete box C1 on the small cliams directions questionnaire (form n180) and explain why.

 

It includes a form N180, which disussses settlement/mediation and also an information sheet on HMCTS free court mediation.

 

We have still not received any of the requested documentation such as statements, default notice etc., just the docs already posted up .


What is the next step that should be taken ?

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You copy and fill the n180 out

You should be reading up between the stages so you know whats next and what to do during the claim stages.

CAG is self help too!!

 

Just about any claimform thread covers this

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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just check that it is simply not just a copy of the letter sent to the claimant following your defence filing...for your ref only

read the letter carefully look at what it says the defendant must do.

it may simply be the court service has sent you a copy of the blank n180 for the claimant too by mistake rather than just the letter.

 

you don't normally get your n180 until after the claimant files theirs, as they might not actually proceed any further.

 

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 DX

 

Thanks for looking in.  

 

Yes I was going to include in my post that from reading the covering letter it appears to lean towards the claimant as the receipient, as it states the claim has been defended by the defandant.

 

I will have a  good second read of  the whole thing (and will scan up later), and also look at other threads. 

 

But as they have not supplied a legitimate copy of the original alleged agreement, notice of assignment (email "copy" that is undated), no statements, no default notice, and no other info as requested by Andy's assistance,  to my mind isn't the whole thing in dispute, and proceedings suspended until they provide the requested documentation.

 

As currently they are making a claim based on what looks like a reconstituted CCA and notice of assignment, with no comment or reply to our request to the other supporting docs requested.

 

Thanks for any guidance x

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Not sure where you are reading here claims stop until paperwork appears..

No claimant ever has any paperwork till its demanded if a claim is defended..85% never are=default judgement..no human checks anything exists

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 DX

 

I didn't actually read that anywhere, it was just an (inexperienced and I now know nieve) assumption 

 

I will have Husband complete the form and return by the date requested.

 

He is happy to mediate if the debt is his, just has no recollection of it and also it is (currently) absent from his credit report he is ordering bank statements to investigate further.

 

Thanks for help provided so far 

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