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    • This page from Shelter seems to have the answers to some of your questions.   https://england.shelter.org.uk/housing_advice/repossession/what_to_do_when_your_mortgage_lender_starts_court_action/decisions_the_court_can_make   HB
    • So had your friend left the country without leaving a forwarding address or getting someone to open their post? If they hadn't made arrangements I'm not sure if you can say that the claimants are at fault.   HB
    • Hi dx, please see below.  I don't think I have a defence! 🙄  Don't want to end up having to pay a shed load of court costs on top of what i already owe. What would your advice be?    Name of the Claimant  - Lowell Portfolio Ltd   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  19th November 2019   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 22nd December 2019   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.   Capital One (Europe) plc with reference xxxxxxxxxxxxxxxxxxxx and currant balance of £274 J D Williams & Co Ltd with reference xxxxxxxxxxxxxxxx and current balance of £375 Shop Direct Financial Services with reference xxxxxxxxxxxxxxx and current balance of £1129 Shop Direct Financial Services with reference xxxxxxxxxxxxxxx and current balance of £1490 The agreements were terminated as payments were not maintained and subsequently assigned to the Claimant And the Claimant claims: a) The total ot the said sums being £3268 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue but limited to one year being £256 c) Costs   What is the total value of the claim? £3,268   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) I don't think so, I received lots of threatening letters but not sure     Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card and catalogues   When did you enter into the original agreement before or after April 2007 ? Not sure   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...)  yes - 3 defaults on credit file under Lowell's name   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. - assigned to Lowells   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure   Why did you cease payments? Financial Difficulties   What was the date of your last payment? Around mid 2018   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
    • Also - as per post #10 - the original cc was given whilst having full knowledge friend was overseas.   Can friend now apply to have claim set aside on those grounds?   The 1st Claimant (The managing agents chasing service charge arrears) assumed friend had a lawyer - and sent papers to a lawyer the friend had used once.  But lawyer was not instructed and hadn't been for more than 1y.  Both claimants, agents and bank, knew friend was overseas and unrepresented.  
    • Background:-  Tenant in arrears for two months with no sign of future payments.  Notice served and a CCJ awarded.(£1750)  Still no payment received so a Attachment of earnings served. Court advised this will be sorted this week after no response from defendant. In the meantime, the debt has increased to (£3300) whilst I am going through the possession order / warrant and the  bailiff process.   Can anyone advise on how to obtain the rest of the debt which by the time he leaves in January will escalate to nearly £4000? is it a case of serving notice and going for another CCJ & AoE?   any help is appreciated.        
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Hi, I parked in Maylord Orchard, council run car park which was the closest I could get to where I wanted to go in a hurry. When I got to the machine to pay for a ticket, the machine wasn't working for cards. I went to the other machine and that was also not working. I decided to run into the shopping centre to get some cash with the hope that would work and when I returned I had received a PCN. Any advise please?

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they will know card payment was not available.

appeal

 

how long before you got back?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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About 10 minutes by the time I got to the bank, then got some change. I only wanted to stay for an hour and the machine states no change given so I didn't want to put £10 in.

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I believe there is atleast a 10 min grace period?

 

let the experts comment.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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No grace period. An observation period of a few minutes, usually, for the CEO to see whether the driver returns.

 

They expect you to have means of payment when you arrive, but obviously the machine malfunction was not forseeable. You have a chance if you appeal with a polite letter. (I wouldn't mention having £10 on you.)

 

Did you ultimately buy a P&D ticket? If so, enclose it with your appeal.

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appeal as suggested and let them know that not only was their machinery faulty (obviously a systems aerror as both U/s) but that you had gone to the bank to get cash for the sole purpose of paying to park.

there is case lae on such things and you certainly have at least 5 minutes to get change so argue extenuating circumstances pointing out this is covered by the previous cases. They may well decide that the cost of arguing will be more than they can get for the penalty charge and say that "on this occasion" they ahve decided to drop the matter.

A few councils will press the charge come hell of high water.

Snd photocopy of your ticket, not the actual one

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Hi, thanks for your replies, I wrote to them & this is the reply:

 

Thank you for your correspondence received on 16 October 2019, concerning the above Penalty Charge Notice.
Contravention
I have viewed your mitigation and the evidence of the Civil Enforcement Officer on the day in question. The issue is that you parked without clearly displaying a valid pay & display ticket or voucher.
Mitigation
Whilst you state that you ‘tried to buy a ticket using my card but both machines would not accept a card payment’, there is also the option to pay by phone using the RingGo app if you do not have any cash with you. A grace period of minutes is given to allow drivers time to purchase a ticket, the Officer on patrol observed your vehicle from 12:52 – 12:57 before correctly issuing a Penalty Charge Notice.
Conclusion
It remains the responsibility of the driver to ensure that there is a parking session in place before leaving their vehicle parked. With this in mind I have upheld the Penalty Charge Notice and rejected your challenge.
I will still accept the discounted amount of £25.00, provided payment is received within 14 days of the date of this letter. Payment can be made by post to the address

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your choice then, pay up at the discounted rate or hope to win at appeal.

 

You have one thing in your favour, though, if you dont own a phone the ringo option isnt available so the terms of the parking contract are discriminatory and probably void.

Now if the meter was fed with cash after returning from the bak the council will be stuffed on this point. If you just drove off then I would advise paying up

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Hi, I've replied to them. I explained that I didn't have my phone with me & that I was fed up with them behaving like some nazi dictator, demanding penalty charges, when I made every effort to go to the bank because the machine didn't accept my card. Then I lost my rag a bit more suggesting we should take it to court....😬

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Hi, I didn't get a reply to my email . Instead I received a letter today charging me now double (thought I had a right to appeal). Could anyone offer advise about what to do now? Thank you.

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Are you able to post up a redacted version of the letter please?

 

HB


Illegitimi non carborundum

 

 

 

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Excuse the delay, a close friend of mine has had a stroke. I will look at it all now. Thanks

 

It's a letter written as though i have not emailed them at all, 

 

There is another two letters but I'm not allowed to send more MB on this site.

The first document is entitled:

HOW TO MAKE REPRESENTATIONS IN RESPECT OF THIS NOTICE, (you may be familiar with it?).

 

The other document I'm not sure I can send because of data protection, it's various photographs taken of my car at the time and two curious one's

 

I'm uncertain at this time why they have been sent to me because they are pictures of the pcn's hand held showing registration numbers of other vehicles, none of which are mine. 

IMG_0331.pdf IMG_0332.pdf

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