Jump to content


  • Tweets

  • Recommended Topics

  • Posts

    • I'm on a Covid run all this week, for some reason I thought it would be quite easy, starts in St Andrews then Dundee, Perth, Stirling, Cumbernauld then Glasgow over 200 miles. I drop of empty Test boxes and collect the ones that are ready to go to the Labs for results.   Every Testing Station today said they had not been very busy over the weekend, it was quite nice weather over the weekend which is more than likely the reason for the lack of numbers.
    • Credit file: One account(showing balance of £0 due) for main line showing missed payments from December 2020 (when the contract itself was terminated in August 2020). One account(showing loan of £204 due) for second line showing as being in default since November 2020. As a result of these my credit score has gone down-this is due directly to these two accounts which showed on my credit report as a 'negative factor'   Credit disadvantage: When my Virgin contract ended, I attempted to take up a new contract with another company. I was prevented from doing so at Vodafone as they required a deposit of £150, plus I would not be entitled to the free handset, but would have had to pay £179 for it and the monthly payments would be increasd. I was able to take out a handset at Three, but again instead of being entitled to it free, I had to pay £189 for it.   I will check carefully to estimate the amount of time involved-I have queries going back to October 2019 attempting to deal with this.   I have also received from Virgin another letter giving me the password to unlock the files they sent me(shame it doesn't actually work) and a second email again confirming they will erase my data unless they have to keep it.   I'm wondering if they're planning to use that email as their response for the ICO where he gave them until March 11 to either tell me what they are going to do to put things right or explain why they believe they have met their data protection obligations'?      
    • “We want to get Amigo back to life again” – CEO’s statement as lender posts £87m loss View the full article
    • My case is adjourned to this Month. I'm about to send out my Supplementary Witness Statement. Could someone please check if the following is efficient? My court cost is now over £1000 as it was adjourned 3 times  Thanks!   Supplementary Witness Statement to address the new case exhibits introduced at the hearing on 10 November 2020   VCS v Ward  1.       This case is often quoted by the claimant as assisting their case. However in this instance it actually assists mine. It is contended that the act of stopping a vehicle does not amount to parking. This predatory operation pays no regard to the byelaws at all. It is likely that this Claimant may try to rely upon two 'trophy case' wins, namely VCS v Crutchley and/or VCS v Ward, neither of which were at an Airport location. Both involve flawed reasoning and the Courts were wrongly steered by this Claimant's representative; there are worrying errors in law within those cases, such as an irrelevant reliance upon the completely different Supreme Court case. These are certainly not the persuasive decisions that this Claimant may suggest.  Semark-Jullien Case  2.       Whilst it is known that another case that was struck out on the same basis was appealed to Salisbury Court (the Semark-Jullien case), the parking industry did not get any finding one way or the other about the illegality of adding the same costs twice. The Appeal Judge merely pointed out that he felt that insufficient information was known about the Semark-Jullien facts of the case (the Defendant had not engaged with the process and no evidence was in play, unlike in the Crosby case) and so the Judge listed it for a hearing and felt that case (alone) should not have been summarily struck out due to a lack of any facts and evidence.  3.       The Judge at Salisbury correctly identified as an aside, that costs were not added in the Beavis case. That is because this had already been addressed in ParkingEye's earlier claim, the pre-Beavis High Court (endorsed by the Court of Appeal) case ParkingEye v Somerfield  a. (ref para 419): https://www.bailii.org/ew/cases/EWHC/QB/2011/4023.html  ''It seems to me that, in the present case, it would be difficult for ParkingEye to justify, as against any motorist, a claim for payment of the enhanced sum of £135 if the motorist took the point that the additional £60 over and above the original figure of £75 constituted a penalty. It might be possible for ParkingEye to show that the additional administrative costs involved were substantial, though I very much doubt whether they would be able to justify this very large increase on that basis. On the face of it, it seems to me that the predominant contractual function of this additional payment must have been to deter the motorist from breaking his contractual obligation to pay the basic charge of £75 within the time specified, rather than to compensate ParkingEye for late payment. Applying the formula adopted by Colman J. in the Lordsvale case, therefore, the additional £60 would appear to be penal in nature; and it is well established that, in those circumstances, it cannot be recovered, though the other party would have at least a theoretical right to damages for breach of the primary obligation.''  
    • I'm ready to reject Hermes offer and issue the letter before claim. I've registered on the MCOL website and filled in my claim with the below particulars.   Should I tick the box to send the particulars directly to the defendant?   Should I also tick the box for the right to claim interest. If so do what date would I put for when the money became owed,  what is daily rate of interest up to the date of judgment?    Thanks again      
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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

Backdoor CCJ - CEL - FINAL WARNING


Recommended Posts

1 Date of the infringement12/07/2017
 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]Unknown

 

[scan up BOTHSIDES as ONE PDF- follow the upload guide]please do not put JPG Picture files into your post

 

3 Date received22/05/2018
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]No
 

5 Is there any photographic evidence of the event?Unsure
 

6 Have you appealed? [Y/N?] post up your appeal]N
 

Have you had a response? [Y/N?] post it upN
 

7 Who is the parking company?Civil Enforcement Ltd

 

8. Where exactly [carpark name and town]Lambourne House, Burntwood
 

I have a backdoor CCJ which I was first aware of beginning on the year, while checking my credit file. I haven’t done anything about it.

 

I’ve received a letter dated 24/11/2020 to my old address, my parents address, who both have dementia and have been in and out of hospital the last few years, I found it on the side opened, but parents don’t pass information on.

 

It’s from civil enforcement limited, asking for me to pay them to settle the judgement or they will take me to court to reclaim monies owed.

This is apparently for my old car, which I owned at the time on the letter, however did not live at the address, I had not long moved home to my current address.

 

I have received no previous information about this.

I know where the car park is, I don’t use it often at all, maybe two/three times in my life.

 

It just states (parking in breach of Terms and Conditions on Notice).

It’s now apparent that this ccj is from this parking fine, I was unaware of.

 

However what do I do now?

I’m worried to contact them, in case they try to get me to admit to something, or want my new address etc.

 

I’ve looked into it and the cost is £225 to ask for a set aside order.

I don’t even know whether this would be successful seeing as I would be to blame for not updating my registered keeper details.

At the time it didn’t seem too much drama as it was my parents house, but sadly they became very unwell, and their house is full of paperwork, letters, hospital visits etc. Any help would be much appreciated.

 

they are asking for £261 in 21 days to settle, but I’ll still have the CCJ for 3 years 6 months.

Not sure what is best to do.

 

Ideally I obviously want this removing from my credit file.

 

thanks 

Link to post
Share on other sites

it wasn't a parking fine

where does anything state that?

it was as a result of a speculative invoice sent to your old address as you didnt update the V5C, which if you had done none of this would have happened.

 

them like any owners of any other debts on your credit file should be immediately informed of a move else more backdoor CCJ's will be in the wings.

 

it might be cheaper to simply pay it

ok that doesn't remove the CCJ, only a successful set aside does, bit i can't realistically see any defence to be able to do so.

that boat has long sailed.

 

 

 

 

 

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

It doesn't really make sense that they are threatening to take you to court to 'reclaim monies owed' as you state, they've already taken you to court and have a CCJ against you. That is unless they mean taking enforcement action or submitting an N316 application.

Edited by Will Goodfellow
Link to post
Share on other sites

didn’t update the v5c no because at the time it was probably the last thing on my mind. However the company have made no other attempts at trying to contact me before going ahead and taking me to court, if I had known I would have paid. 
 

I don’t have any other debts at all, not even a mortgage so that’s not an issue thank you.
 

the letter titled

Without prejudice save as to costs!

Our offer to settle the judgement debts with a form attached titled application for debtor attend court for questioning.

 

Ive been reading up and was thinking of applying for a set aside - why has that ship long sailed?

Link to post
Share on other sites

you have no defence for the original claim, any existing issues at the time of the incident say with viable contracts or poor signage, plaaing permission etc is sadly now trumped by the default judgement.

 

nor do you appear to have any valid reason to set aside .

 

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

The form entitled "application for debtor attend court for questioning" sounds like an N316 which is an application to summons you to court and obtain information about your income and any assets which you have. If you receive a hearing date, you have to attend or provide a reason why you can't otherwise you can be found in contempt of court. Is the form completed or blank?

Edited by Will Goodfellow
Link to post
Share on other sites

It’s blank.....so they are chasing me for a parking fine that they already took me to court for and for a ccj against me, that I didn’t know about. They want me to pay a reduced fee of £261 instead of the £349 they say I owe them. What a mess!!! I don’t even know what contempt of court means 😫 these people sound like savages!!!

Link to post
Share on other sites

it is NOT A PARKING FINE!!

 

if the court form is blank then its safe to ignore that which is why they state without prejudice on their letter!

 

its just willy waving trying to get money for their xmas drinks fund on free money from mugs that slip up like you have by not updating your V5C.

 

pers i'd offer to pay the reduced fee if they will remove the CCJ.

go ask them.

 

  • Like 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

My plan is -

ring them tomorrow, tell them I’ve seen the ccj via credit check,

tell them I want this setting aside as I had no knowledge of it,

 

Haven’t had chance to defend myself, and won’t be paying anything until I’ve take legal guidance and I’ll only be satisfied with the removal of the ccj off my file.

 

I’ll see what they say, if they offer me a deal, I’ll go for it.

 

To be honest I just want it gone, I can’t be bothered with forms.

I don’t feel threatened by them, from what I’ve read online they sound like ****!  Thanks for the advice!

Link to post
Share on other sites

they cant set it aside using the N244 process only you can..the defendant

but you don't want to do that anyway.

you cant do a consent order either as its too late.

 

they can remove it all they have to do is write to the court and ask it be removed.

 

simply make that a condition of your payment of the reduced figure they quote.

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

dx is spot on, but record the phone call and be very, very wary of CEL.

 

Come back here before actually paying anything.

 

We had a case recently where someone paid the money - and then the PPC did nothing to remove the CCJ.  Make sure you stick exactly to what dx is suggesting.

  • Thanks 1

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

 

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

Link to post
Share on other sites

You don't have to tell them, there's nothing illegal about recording calls, but it might be worth telling them near the end of the call so they know they can't try to con you.

 

Certainly get the agreement in writing!

 

Remember CEL are the enemy, they are one of the worst, most crooked PPCs, so be very suspicious - but yes, go for it with your idea of getting a deal.

  • Thanks 1

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

 

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

Link to post
Share on other sites

And don't let them persuade you to settle for a Certificate of Satisfaction for your Credit Report either.

  • Thanks 1

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

 

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

 

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!

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...