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    • Topic moved to Financial Legal Issues Forum.   When you have all the details of the debt /claim/judgment...please complete the following and post your responses back here for further advice.       Andy
    • Although I still think you will be ok on the mortgage front, it always helps to find a good Broker who can guide you around these sorts of things. 
    • Hello all   A colleague discovered he had a CCJ recorded against him by Lowell as a result of them acquiring an old Electricity Bill from around 2011.   They lodged their claim in 2019 to my colleagues old address and got a back door judgement.   I helped my colleague draft an application to set aside and it was decided by the court service to hold a telephone hearing which took place last week.   It was slightly comical.    The Judge had got my colleague on the conference call and rang the number provided by Lowell only to reach a call centre person who knew nothing about the case.  She offered to find somebody but the judge was not having it and said they had plenty of time to sort out the case and he had called the number they had provided and expected someone to be ready to handle the case.  He asked her if she was ready to deal with it.  She said she wasn't so the Judge "dismissed" her and was left speaking to my colleague only.   It then turned out that Lowell had submitted a response saying they agreed to the Set Aside providing Each party paid their own costs to which my colleague agreed.   Our application requested a set aside on the basis that the original claim was not received despite the utility having my colleague's address and for SB reasons.   The final outcome was the Set aside was ordered by the Court and the original Claim restored with 14 days to defend.   I am running the case here for any CAGers to advise and comment.   My next step is to write to the Court and Lowell asking for a copy of the original Claim Form without which it is difficult to defend.   The main details are that my colleague paid his electricity bill before moving house and indeed retained the same utility company in his new house, not something he was likely to do if he was evading them.   In any event the defence is an SB one as the original bill was around 2011 and any claim would surely have expired about 2017.   I will get back to the thread with more details.  If anybody wants to comment then all suggestions welcome.
    • All of the above but I don't think their default is going to hurt your mortgage application.
    • Unless you have already sent it – which I don't think it's clear – how about this as an alternative:    
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Car Broke Down but tickets kept coming!! What to do now......?


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Sorry this post is a bit long...

 

My car broke down on the 28th of September this year. It was on a main road,

 

After unsuccessfully trying to re start it several times I called my insurance company and reported the car as being broken down and could they send out one of their operatives to tow it to the usual garage that I use. I was told that someone would be with me in approximately 90 minutes to 2 hours.

 

I had been with my car about 30 minutes when the police drew up and said that they would like to tow my car around the corner as it was causing an obstruction to a busy highway. I said this was fine and they duly towed me around the corner off of the main road. They also provided me with a CAD reference for the incident that I noted.

 

I then waited there until the tow truck turned up about an hour later.

I had already called the usual garage that I use and told them to expect the car and arranged to call them the next morning to see what the issue was with the car before they started work to fix it.

I called the next morning and was told that it would cost quite a lot to fix the car and as it was quite old and also a diesel car that it might be better to scrap the car at this point rather than throw more money at fixing it. I agreed and was then told by the mechanic that I had to make sure I used a reputable scrappage dealer as if the company that I used did not dispose of the car correctly, I could be liable for a fine.

 

I made sure that I researched the company that I used and had to wait until the 16th of October for them to be able to collect the car to scrap it. I had pre agreed that the garage that the car was left outside was to feed the meter whilst it was there (it could not be moved as it was not drivable) and I put a notice in the window of the car that said this and the date that it was going to be picked up to be scrapped). I also left the log book (V5C) with the garage to give to the car scrappage firm and they would then give the yellow slip back to the garage who were to send it to me in the stamped addressed envelope that I had left them. All sounds very easy, doesn't it?

When I went to drop the log book and stamped addressed envelope to the garage, I could see that a parking ticket had already been issued and left on the car. I said to the garage that they had agreed to feed the meter whilst the car was parked there and I would reimburse them for this.

 

the upshot is, that to date, I have had two more tickets that have gone to the full amount (£110 as opposed to the initial amount of £55).

I have appealed all of them including the ticket that I initially got which was still in the £55 as it was within the 14 days, and had a reply back saying that I hadn't shown any proof of the car being broken down.

 

I quoted the CAD reference which is from the Metropolitan Police, I added the cancellation of insurance letter and the letter I sent to the DVLA telling them I was no longer the registered keeper of the car and that it had been sold for scrap.

 

 

In their letter of response to my appealing the ticket the borough council says that, 

'The PCN was issued because your vehicle was parked in a shared use bay during restricted hours without displaying a valid permit (paper or virtual), pay and display ticket or activating cashless parking rights for that bay. And that they noted my comments that your car was towed to this location as it had broken down, and was then left parked there while you researched a scrap dealer.

 

Whilst you have claimed an exemption for this reason, no evidence to support this breakdown was received with your challenge. I must also advise that in instances of a breakdown, drivers must arrange for the vehicle to be removed from the public highway within 24 hours. As you have stated the breakdown occurred on 28 September 2020, there is no exemption in this case'.


If drivers are unable to relocate their vehicle, they must purchase parking time to cover it for the entire duration it will be parked. In a shared use bays such as this one, drivers may purchase a pay and display ticket from the machine, or activate a cashless parking session'. the garage said they would do this for me but did not!

I have now had a notification from the DVLA (just received today) that they registered the fact that I am no longer the registered keeper of the car and I got a letter from the insurance company to day that I had indeed broken down.

 

I would have thought a CAD reference from the Met Police would hold more clout than an insurance company, but, anyway...the letter from the borough council says that I either need to pay, or go forward with a further challenge and they will not take any further information in to account for this ticket.

 

I have not one, not two but three of these tickets that were issued whilst the car was sitting outside the garage unable to be moved as it was not drivable (2 of which have gone to the higher amount of £110)

 

Need your help...Please!

Yours sincerely and in anticipation
 

 

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The garage put the car in the parking bay after inspecting it? They then failed to keep feeding the meter for you? I would say your argument is primarily with them, but forcing them to pay the PCNs doesn't seem realistic, so they've landed you in it.

 

In terms of your appeal, I would be looking for proof it was towed to the garage, some sort of paperwork from the garage, proof it was scrapped - that kind of thing. It's not a guaranteed win, but stronger then just proving you're no longer the keeper.

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