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    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
    • Thanks, I am worried because on the citizenship application they ask if I received warning, I am not sure if TFL warning this the same police warning or not?? 
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Living in Scotland with a debt in Northern Ireland ?


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Not sure if this is the right place but I will ask anyway.

 

I live in Scotland now and have done for 5-6 years

 

 have a debt with the NIHE (NI Housing Executive ).

Is the debt enforceable between NI and Scotland ?

Is there anything they can do like bailiffs or sheriffs they can send to my home here in Scotland to collect on the debt or can they affect my current benefits ?

 

For reference I have been paying a small sum on a monthly basis but the total amount I wouldn't be able to clear for many years.

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The Northern Ireland Housing Executive offer a range of services to people living in socially rented, privately rented and owner occupied accommodation.

 

so what did you attain from them 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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The house we lived in was provided by NIHE and we rented it from them although we received some housing benefit from the NI government.

 

We were pushed into debt when they decided we weren't entitled to the housing benefit after they had been giving us it for approx 4 years and the debt is the repayment although we argued that because we had filled in all the forms correctly then the error was on their part but that's an argument for another day.

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so bottom line is the debt rent arrears directly owed to them.

 

are you still paying them direct or via someone else and how much £PCM and what is today outstanding?

was this a voluntary agreement between you and them or it went legal?

 

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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I voluntarily agreed to pay a minimal £10 per month which they accepted via a payment card, nothing legal other than the initial letter saying we owed circa £4k. I don't have anything to show how much is still owing but I would hazard a guess it is around £3k.

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So at least 5-6yrs since you've had any contact from them?

was the original offer done by letter and that address is the same today?

in other words they do have your current and correct address?

 

they cant enforce via anyone without a winning a court claim and of that attempt to do court you would be duly notified.

 

im toying with simply stopping payment and see what gives.

 

Answer my q's lets see cause all you are doing at present is running the sb date to infinity

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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The original letter which demanded payment was addressed to my address in NI.

 

The most recent contact I had from them was a letter at the start of this year to ask me to restart payments as I had missed several due to my wife having cancer and the pandemic stuff, the letter threatened 'legal' action if I didn't .

 

I have made two payments since.

I generally do keep up with the payments but I know it will take many years to pay off. They do have my current address.

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IMHO i'd stop paying 

it can't hurt you

have YOU ever directly replied, other than simply restarting payments?
 

they won't immediately resort to court

it's not a quick process in scotland anyway

 

when you get time scan up anything letterwise you have from them to one multipage PDF

read our upload guide carefully.

 

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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  • 3 weeks later...

Sorry for not responding sooner.

 

I have done nothing other than restart the minimum agreed payment of £10 per month.

 

I have searched and searched but have none of the original documents regarding this debt.

 

Thanks for the time and answers so far.

 

ps. not sure if this is related but today I received a letter from a DCA called INTRUM asking me if I 

wanted to pay off a debt which they said in their letter they were not able legally to take

me to court as the timeframe to collect had expired. I am working on scanning this letter to post here.

 

 

The letter from INTRUM today

 

I have redacted personal info and all reference numbers.

 

I did call them and asked what the original debt was but they refused to provide any info without me providing

my D.O.B. which I wasn't willing to do so I told the guy thanks but no thanks.

 

 

intrum.pdf

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please stop ringing powerless dca's.

can you create a new topic for this intrum debt in the bank of scotland forum please.

 

as for this debt

On 22/03/2021 at 20:13, dx100uk said:

The Northern Ireland Housing Executive

send them an sar 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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a debt being SB'd doesn't blanketly mean you totally ignore everyone if you are chased even if they state they will not be issuing court proceedings to enforce your debt. there are exceptions..

 

one being have you moved since taking this credit out with HBOS and have neither informed HBOS or latterly Intrum you have moved in writing?

 

if this were just about any other DCA other than Intrum (ex- 1st credit - with a proven track record and known to pull amazing stunts to trick debtors) - i'd agree with you . but if the above statement is true , they could equally send another letter (quite legally) to your old address retracting their statement and thus issuing a backdoor court claim.

 

never ever ever trust a DCA, nail them in their box firmly, for the sake of one stamp, once the above is answered , it's worth it.

 

 

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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