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    • It isnt a great thing to have to worry about all these things. I am sure someone on this site will offer some great advice.   Priority debts need to be sorted first; Rent/Mortgage, Council Tax, Utility   - Dont quote me as I do not know the legal points around this; but Overdrafts, catalouge, card debts are not priority. I would sit down and work out exactly what your priority debts and living costs are, deduct from your income. Look at all your cards, loans overdrafts etc, list them all, starting from the highest interest charging ones, think what and which ones to work out a realistic monthly payment, dont overpay what you cant afford.  I would consider not using the cards etc, as you will be adding to your debt and problems. I would contact someone Like Stepchange or Citizens advice, they will offer you some very good advice and ways of contacting your companies you have debt with. Dont be afraid of your debt companies, write to the fully explaining situation and what you can realistically offer, do not be preasurised into paying more than you can I personally prefer contact by post or e mail rather than telephone. Ive no idea what Factor, Monzo is, but may well fall in line with what Ive said.   Keep a note in a diary of every call you made or who contacted you, ask for names, keep and copy all letters to and from as this may be helpfull further down the line for record keeping.   Do not ignore contact as this just adds more stress for you and the problem wont go away.   Make sure you make your affordable monthly payments, every month, even if they say we wont accept it, its to low.    As you have a lot of stress going on, I would certainly contact someone like Stepchange or Citizens advice,    Good luck
    • Hy. Caring for family adult learning disability; full time, currently unpaid from work, unpaid carer - receive weekly carers allowance This is what I have searched on so far; - can only receive from employment £132 a week, after Tax, NI, deductions in all about £201.00 a week, but this is taxable and needs to be entered on tax submission, but if less than personal allowance then no tax may be paid? - I believe NI is paid as long as you get the carers allowance, although gap between break in employment and start of carers allowance may not be? -Should employment end due to company not happy in change of hrs and I have to leave, then only the carers allowance would for be the income, If UC is applied for would this allowance be deducted from what UC give or the person I cared for be affected - Savings may affect if you get UC or not - Certainly cant be available for looking for work as full time carer   anyone have any points, help or advice on this issue please
    • hy, In a nutshell; - current contract  work part time Mon to Fri 24 hrs - Unpaid year off break to become family member full time carer - Need to either go back to work at end of next month, start of July or leave - Application for Transfer was turned down   - Letter to go in this week with a application form to request change of contract, hrs, days so that I can look after family member - change requested will be work mon, tues, wed but not more than 13.5hrs or 14, then breaks deducted to stay within legal earnings limit as carers allowance is recieved - it is not possible to work thur, fri sat, sun due to care needs and travelling for adult disabled family member   ok; Ive done a bit of digging, I can send application  for reduction of the hrs and contract which i think the govt said I can legally do. Doesnt mean the company has to be bound legally by it. It may be that it isnt suitible and there for ask me to resign. Or they may agree! Or terminate my employment. But as I am a full time family carer for a family member within the same household, I should have a good case to argue.    Does anyone have any further knowledge or experince of this to advice me, what legal or other rights, but if I quit or asked to quit, would claiming benefits as such be suspended for quiting a job, thanks    
    • I’m looking for some guidance please. I’ve been reading up but am stuck on what I should do and going round in circles now.   Trying to manage my own DMP and making a mess of it I think.   My income is £1015 per month Essential outgoings: factor fee £93 pet insurance £81 (giant breed so quite costly) TV licence £13.37 Groceries for 3 adults and giant breed dog £309 Council Tax £111 Internet £36 Electric £59 No water/gas/car Public transport £30 Gifts £15 Mobiles £6 Debt to family £42 Saving £0 Leftover £220 (for creditors) Actual Original Total Due to Creditors £600 (pro rata started) So I’ve started negotiating pro rata payments while still trying to keep credit cards going for future emergencies (they are maxed now but if I can pay them down it releases credit for me to have as a back Up)   It’s all getting worse, I’m struggling, I have depression, my wife has depression and is unwell. Interest on 3 cards is over £100 so not really paying anything off.   I’ve negotiated pro rata on some and I think I’ve gone in too high because I’m really struggling with it, I forgot that when they ask for income expenses they don’t take into account that the factor bill is 3 monthly and therefore I need £279 by May 31st and not £93 as budgeted so already in trouble for month 2. Partner debts: Starling bank overdraft: £400, 2019. Pro rata £14 arrangement to pay, no default.   Tesco Credit Card: £100  started 1/12/2019; defaulted 7/10/20 £5 mth   Virgin Credit Card: £2700 started 14/5/18; defaulted 30/3/21 £5 mth   Marks and Spencer Credit Card: £850 started 18/10/19; defaulted 13/1/21 £5 mth   Nationwide Credit Card: £1500 started 30/4/19; defaulted 28/12/20 £5 mth   Barclaycard CC: £1400 (PRA group purchased it) started 25/8/18; defaulted 16/7/20 £5 mth.    Aqua Credit Card: £3900 (now with Cabot Financial) started 3/12/18;  defaulted 12/11/20 £5mth   Aqua Loan: £1700 (now with Link Financial) started 28/9/19; defaulted 2/2/2021 £5 mth   My Debts:   Monzo Loan:  £1900 October 2021 – permanent pro rata £39 agreed, not defaulted    Likely Loans: £1500 December 2021 – temp £14 pro rata, not defaulted    Monzo overdraft: varies up to £750  - temp £10 pro rata   Monzo Flex: £900 December 2021 – temp £11 pro rata   Fluid Credit Card: £1500 July 2021 (on a holiday until August) £0    Capital One Credit Card: £700 £40 mth (up to date)   Amazon Credit card: £2450 November 2021 £75 mth (up to date)   Next: £56 December 2021,  £5 mth (up to date)   My dilemma is I can’t pay the factor bill and have maxed my cards.   I wonder about going on a payment holiday with Amazon and Capital One and then negotiate pro rata using a part of the £220 left for creditors in time, so keeping the pro rata proportional.   In August my Fluid holiday ends and they want £80.   I’m not getting hassled by any creditors and prefer an option that keeps it that way but last night seriously thought should I stop paying all of some of them.   Thanks  Stuckfast    
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Hx Parking/gladstones CCJ - Exceeded 1hrs Free - McDonald's Alma Leisure Park Chesterfield CCJ issued thanks to useless parking fines ltd.


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Okay now i need to gather evidence from the car park where the pcn is issued. It was night time when i went there for the meal around 12am i think. You can hardly see any visible things i will go to the same car park same time to make a video then you guys will get better understanding

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you need to add to your to be filed soon .... you found no council planning permission granted for the hx parking signs cameras and poles, nor have you found any legal authority that has granted permission for hx parking to limit free parking to 1hrs.

 

 

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 have contacted planning permission several times they dont answer on the phone sent emails but still no reply so now i rely on my defense 

 

Can anyone give good witness statement template so i can edit and send the one on sticky threads is not very similar so its difficult to edit that one

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There are 10's of ' pcn claimform witness statements' here which you can adapt

use our enhanced  google search box

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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Your WS just needs to be brief, you're just applying for a set aside.

 

The proper court battle with HX will come much later.

 

Just concentrate on why you did not receive the court papers and a skeleton list of the reasons why you would defend in a rematch.

We could do with some help from you.

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you follow the judges directions/orders contained on your notice of allocation n157 ...yet to come as you've no date yet for the hearing?

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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  • 2 months later...

Well the order says to e-mail the court your phone number ASAP, so do so.

 

It says you have to file any evidence 24 hours before the hearing so get on with preparing a draft of a Witness Statement plus a draft defence.

 

Have you contacted the fleecers to ask if they will consent to set aside?

 

 

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

 

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Hi

 

i have sent evidence with the N244 when i applied to set the order aside and i wrote on the form that why i didn't reply to their letter because third party Changed my address. 

 

I did not contact hx parking ltd regarding set the order aside

 

. I will provide them my phone number, do i have to file the defence to set the order aside as well?

 

I filed defence in March 2021 for PCN.

 

Also witness statement - where do i get the template and do i have to send to CCBC or the email they provided in the N244A form? Thanks

Edited by dx100uk
added A few blank lines only..dx
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The best way to understand the procedure with set asides is to read threads where someone has successfully got a set aside.

 

Read this thread from post 39 to the end, it will answer all your questions  https://www.consumeractiongroup.co.uk/topic/439264-unknown-vcs-ccj-bristol-airport-stopping-in-a-zone-where-stopping-is-prohibited-was-abroad/page/2/#comments

 

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Thanks for the reply

 

i have read that thread from post 63# but i am still little bit confused. 

 

Do i have to write a WS if yes then do i have to write similar stuff which i wrote in section 10 in N244 form.

 

The Court says if appropriate both parties exchange the draft order it means i have to send the draft order to hx parking ltd to agree to set aside?

Edited by dx100uk
added A few blank lines only..dx
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There is little point asking questions if, when given a direction such as that by FTMDave above, you decide that instead of reading a thread from post #39, you read from #63 and think that it will give you answers.

 

This Forum is self help, so it is incumbent on you to do just that .

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Hi Gick thanks for pointing out my typo mistake i meant post 39# i will try to read that thread again because the op the thread has a bit different situation as She was not the driver and she was abroad so she could not defend or reply to the correspondence in the UK but i will try to read it again to understand property . Thanks

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Yes, you will have to prepare a WS which will essentially be the same as what you wrote on the N244

 

It is worth asking the fleecers to consent to a set aside. They can only say no. 

We could do with some help from you.

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Thanks FTMDave for making things easier to taking next step .

So for now i have to submit WS PS.

i already Emailed my preferred contact number to the Court.

 

Also when you say emailing fleecers

do you mean Gladstone solicitor?

or the company HX parking ltd?

 

What shall i write to them would that be like a covering letter or like a draft order?

 

I remember when i submitted N244 the court said they will send the copy to fleecers also, so my understanding is that fleecers got the N244 already? 

 

Thanks

Edited by dx100uk
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You should contact the company who are suing you, HX Parking.  Ideally this should have been done before you sent in the N244 which I think was dx's plan, so you could have threatened them with costs (yes, I know you have no costs but they don't know that!)  How about sending them -

 

Dear HX Parking,

 

Re: PCN no.XXXXX, Claim no.XXXXX,

 

as you are aware, this is a defended claim, and will be the subject of a set aside hearing on 16 March.

 

I would suggest that it would be in both our interests if costs were kept to a minimum and I would invite you to accept the attached Consent Order.

 

Whatever you decide, I will bring your decision to the attention of the judge.

 

Yours,

 

There is an example of a Consent Order in Zimbird's post 125 (the post count sometimes goes wonky, if you can't find it there look up a couple of posts and down a couple of posts).

We could do with some help from you.

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Yep, that's the one,

 

Fill it in with yours and HX Parking's details and send it with covering letter.

 

You'll probably get absolutely nowhere but then again they might get worried about costs, and after all, nothing ventured ...

We could do with some help from you.

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Hi FTMDave,  i prepared the covering letter and WS but struggling with consent order, it seems like this is the consent order which already been agreed by claimant and asking defendant to sign. But i need consent order sample , which i can ask the claimant  to agree and sign. Thanks

Edited by Digital_2012
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It's exactly the same as your situation, one party consented to set aside and invited the other party to agree.

 

You do the same, sign your bit and invite HX Car Park Management Limited to sign theirs.

 

 

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

 

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Ok here is the preview please let me know if it looks good or need changing for security i remove my details and address

 

 

IN THE COUNTY COURT SHEFFIELD

 

 

CLAIM NO:

 

BETWEEN

 

 HX PARKING LTD (CLAIMANT)

 

And

                                (DEFENDANT)

 

CONSENT ORDER

 

Upon the Parties having consented and agreed to the judgement set aside.

 

IT IS HEREBY ORDERED THAT

 

- The judgement dated 9th of June 2021 be set aside.

--------------------------------------------------------------

 

HX Parking LTD

161 Preston Road, Lytham St Annes

FY8 5AY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Is the above intended for the judgment claimant ?

 

 

 

.

We could do with some help from you.

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