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    • You will probably get a couple more reminders followed by further demands fro unregulated debt collectors with even increasing amounts to pay. They are all designed to scare you into paying.  Don't. It's a scam site and they do not know who was driving and they know the keeper is not liable to pay the PCN. Also the shop was closed so they have no legitimate interest in keeping the car park clear. So to charge £100 is a penalty as there is no legitimate interest which means that the case would be thrown out if it went to Court.  Keep your money in your wallet and be prepared to ignore all their letters and threats. Doubtful they would go to Court since a lot more people would not pay when they heard  MET lost in Court. However they may just send you a Letter of Claim to test your resolve.  If yoy get one of those, come back to us and we will advise a snotty letter to send them.  You probably already have, but take a look through some of our past Met PCNs to see how they are doing.
    • Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
    • hi all just got the reminder letter, I have attached it and also the 2nd side of the original 1st pcn (i just saw the edit above) Look forward to your advice Thanks   PCN final reminder.pdf pcn original side 2.pdf
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Southern Water/ Shulmans claimform - water and sewerage charges ...


stephenXL
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Ex called CCBC asking to confirm receipt of her original defence dated 14/02/20: Yes.

Also when asked agreed that all contents of the file in this case had been sent to our local court as per N180  and recent N24 etc.

 

Ex is now attempting to speak to someone at local CC to ask why the Judge has requested her defence, given the CCBC say they forwarded everything.

She will ask for local CC email address to resend the original if necessary.

 

The fellow who called her yesterday, called her again this morning.

Said he was from SW&S offering New Start and whatever else is possible.

 

He asked who was giving her her advice CAB or Money Matters?

He got confused when ex stated the matter is in court, pretended not to know.

 

She took his numbers too.

How can I get these to you?

 

Thanks

 

stephenXL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

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urm..post it here

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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OK.

 

Office number: 0800 0270800

Working from home: …...

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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well the 0800 number is def southern water.

 ive removed the mobile as it vould be his own one.

 

 

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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Share on other sites

SO:

Yet another call to my ex from the chap at SW&S this morning.

It appears that the Litigation Team at SW&S were(allegedly) unaware of any interventions being undertaken regards New Start.

 

He then went on to explain that Litigation team will not be making any such offers, the matter is in going to court and things will be decided by a Judge. He is confused because the litigation team instructed him to try and make the offer etc,. They now seem to be in denial.

 

Given the issue of the state of health of my ex partner this seems to be yet another failure/lack of understanding of their own Codes Of Practice.

 

Huge round of applause please.

 

stephenXL

 

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

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  • 2 weeks later...

Update:

 

My ex received a text yesterday asking her to " Please contact UK Search on 01246488927 regarding Southern Water (quoting a ref)

 

Called them back at 17:25 Spoke to someone named Sue, who asked if she was going to pay by credit card the outstanding amount of £4k+ today? Answered no.

 

Why did you call this number then? 

Answered: Because of a text message that was sent. (Sue) I will redirect you to our litigation department.

 

Then redirected to someone from litigation called Linda who proceeded to ask "have you submitted your defence and have you(she) had the result?

Answered no.

 

Any advice would be appreciated.

Thanks

stephenXl

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what result from submitting her defence? and from whom?

 

 

 

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... 

Link to post
Share on other sites

Why is this account back on the desks at UK Search? Who are UK Search for that matter? DCA?

 

Post#50,52,53 show that SW&S Dumped Shulmans and chose to conduct matters themselves.

 

They seem to be freely sharing information using tactics in an attempt to gain an out of court settlement.

Is it possible that sharing this info with a DCA  still, at this stage, using personal contact information, a data breach?

No-one has given authority to share court case info.

 

Thoughts please

 

stephenXL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

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not an issue

 

simple answer is to stop answering the phone .

 

dx

 

  • Thanks 1

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... 

Link to post
Share on other sites

  • 3 months later...

Hiyya,

Here's the latest update.

 

Southern Water have issued a Notice of Discontinuance against me.

(On the basis that they accept that I have not resided at the account address as laid down in my original defence).

 

They phoned me on Friday to explain that they hadn't received confirmation from of this from me.

Having had it explained, I accepted the fact.

 

However, they are continuing to pursue the case against my ex-partner Theresa. 

Case being heard via telephone tomorrow (Monday) 12.30pm

pointed out that this would likely impact heavily upon her mental health.

( The issue of her mental health was frankly met with little, if any, empathy.)

 

had brief discussion pointing out that no response had been given over the sum of the debt which is Statute Barred. Which after a few moments resulted in approximately £920.00 being removed.

How they arrived at this figure I am not at all sure, even though it is welcomed.

 

By the way.

 

At no time have either of us received any response in regard to CPR31.14 requested by us back in February.

WHY?

 

The discussion evolved and became quite clear that they seeking to get a judgement based upon a regular re-payment deal regardless.

 

This leaves my Theresa somewhat blindfolded as they have all the information at hand.

When I asked if whether Theresa could ask for an adjournment to better prepare, they immediately responded that she would have to pay court costs in the order of £320 to get it.

 

They have agreed that I can be available at the telephone hearing to assist her in asking questions and giving any info we do have at hand, providing Theresa makes a request directly to the judge each time.

 

Its my view that Covid 19 may have circumvented court processes.

 

Any guidance that you could offer would be very welcome

Sorry about the length of post.

Thanks

 

stephenXL

 

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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so she never exchanged witness statements?

CPR is simply a request they don't have to respond

but they must include anything they intent to rely upon in their WS

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... 

Link to post
Share on other sites

No exchange of witness statements whatsoever from/to any of the parties involved.

 

Earlier posts #55,56,59 61,62, 65,76,80 could be constued as an attempt by SW at mediation I supose, however it was stated by them during these exchanges that no account would be taken regarding Statute Barred sums.

 

Are we to assume that this is now a hearing rather than a mediation process?

 

Thanks

 

stephenXL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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you mean the court have written regarding tomorrow?  , or this is simply the mediation service tomorrow

if it's the mediation service,

the same N180 questions are asked again..

...simply state i do not have enough information to make an informed decision upon mediation.

mediation will fail as it should

 

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... 

Link to post
Share on other sites

After originally setting a hearing date of 12/Aug/2020, which was set within a timeframe where Theresa had expressed on her N120 her unavailability to attend, the case was then re-scheduled for tomorrow.

 

The court sent that out months ago.

Received nothing else since then.

It was SW that contacted us both on Friday to say they were going ahead with the matter.

 

Not sure why Court doesn't confirm matters.

 

Thanks

 

stephenXL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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sorry yes mediation was months ago.

so she already did and exchanged witness statements with SSW/court prior to aug 2020?

 

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... 

Link to post
Share on other sites

NO.

No witness statements have been exchanged-- period.

AOC, Defence, Allocation and other legal documents but no Witness statements.

 

N24 also orders that

1. The claimant is ordered to arrange the remote hearing

3. The telephone hearing must be arranged through BT-Connect or other court- approved provider.

 

Going on to say: This is a telephone hearing and it is responsibility of the legal representative for the Claimant to arrange this, with a telecommunications provider from the approved panel of service providers. It then lists 4 such providers.

 

Which flys in the face of what the head of litigation said to me on Friday: quote: Please make sure that Theresa answers the phone when the court calls.

 

Thanks

 

stephenXL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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typical also states exchange of documents by 14 days prior.

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... 

Link to post
Share on other sites

So, what can she do?

It seems that correct procedures
have not been followed.

Thanks

stephenXL

 

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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can you scan up the n24? and the subsequent letter/email of its deferral @12:30

pdf only please

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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Share on other sites

You will have these very shortly.

 

Thanks

 

stephenXL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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Here they are.

 

Not sure wether you will need to rotate them.

The re-allocation was written over an original copy, court did not even change the date (top of doc)

 

ammended n24.pdf

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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a case management hearing...

if you hark back to the original N24

 

it says docs must be exchanged by 2pm 2 days before hearing...

N24.pdf

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... 

Link to post
Share on other sites

30 mins ago got a phone call from the Court postponing the hearing for today due to listing error.

Declined the offer to re-list for tomorrow 2.30pm due to other commitments.

 

Court will re-allocate for a date in the near future.

 

Thanks

 

stephenXL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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i'm pretty sure it will help if you get a skeleton argument prepared and in now.

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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Share on other sites

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