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    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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Lowells Income & Expenditure Form


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Before I found this site I had been trying to negotiate a payment with Lowells, I sent them an income & expenditure sheet that I'd typed up myself. Of course they ignored it, and their threatening letters continued, accusing me of ignoring their letters etc. So I wrote saying basically its you ignoring my letters, not me ignoring yours...and I sent you I & E details which you have ignored. Well in response I had a letter from them saying further to your recent telephone call we enclose an I & E form, fill it in and we'll appraise your case. This letter was dated 17th Feb, the only call I ever made was 4th Jan, at first I thought silly people must have lost the one I sent. So I set about filling their form in. It was 3 pages long, I filled in just the first page, as I considered the info asked on other pages to be irrelevant and to be honest non of their goddam business.

 

The 2nd & 3rd pages asked for:

 

Employment details

Employer

Address

Occupation

National Insurance No

Telephone No

 

Bank details

Name of bank

Address

Type of account

Account no

 

Current property

Telephone no

Type (as in semi, detached, flat ect)

No of bedrooms

Approx value

Tenure

Name & address of mortgage co/landlord

 

Other assets

Car (type) (value)

Other " "

Other " "

Other " "

 

Other debts

A box to put all details of lenders, term, payment, CCJ etc given.

 

Dependants

Yes/No Ages Number

 

Payment proposal

 

(Now this is the interesting bit, I hadn't really realised the significance of it at the time, thank goodness I'm the sort who adheres to the 'need to know' theory.)

 

I/We acknowledge and accept my/our liability in respect of the account and confirm that I/we are prepared to pay £ per calender month towards the repayment of such liability. The first of such payments will commence on the day of 20__.

Or, please set out your alternative proposals for repayment of the debt:-

 

Then signatures and date of signing is asked for.

 

Well I re-read this form last night and suddenly realised the implications of it, and another possible implication.

Firstly the obvious, they would have all the details they need to harrass the life out of you where ever they want. They would know all your financial details, even down to if to own a pedigree racing gerbil, which they might later want to take! They would even know your Nat Ins no!

Maybe they have a sideline in identity theft :rolleyes:

The possible implication is that by signing the payment proposal you are signing to accept liability which could been seen as binding.

 

I hope someone can throw some light on this 'liability' statement.

 

However, for anyone just entering into a battle with Lowells...if they send you an Income & Expenditure form....DON'T fill in the last 2 pages. The info requested there is nothing to do with your I & E, its just info they want so they can try and stitch you up.

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Personally, I wouldnt fill anything in that Lowells send, return them your own I & E sheet with only the relevant info.

I would not sign anything with that statement of admission at the end of it, I would imagine that pledging your soul to the devil would be the safer option.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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Hi Jeff, thanks for the attachment which I've saved for if I need one in the future, as its better than the one I did. Tbh I'm beyond that stage with Lowells now...as they are in default of my cca request, having sent only an illegible and incomplete application form.

It was just that on re-reading the bits I didn't fill in & send back, it made me realise what they were asking for...all the personal info that is nothing to do with income & expenditure...and the liability part.

I'm hoping some clever bod can confirm if signing this would make you bound to an alleged debt.

I aslo just wanted to warn others who might get this form aware of its implications.

But thanks again Jeff.

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Hi Jeff, thanks for the attachment which I've saved for if I need one in the future, as its better than the one I did. Tbh I'm beyond that stage with Lowells now...as they are in default of my cca request, having sent only an illegible and incomplete application form.

It was just that on re-reading the bits I didn't fill in & send back, it made me realise what they were asking for...all the personal info that is nothing to do with income & expenditure...and the liability part.

I'm hoping some clever bod can confirm if signing this would make you bound to an alleged debt.

I also just wanted to warn others who might get this form aware of its implications.

But thanks again Jeff.

 

 

Hi Zimmie,

 

 

No problem.

 

 

I would definitely not sign anything that even remotely sounds like an admittance of a debt!

 

I think you are quiet right about some of the info they are asking for. It's none of their damn business!

 

 

Regards, Jeff.

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Hi again, and many thanks to Jeff, Dave & Vamp..you have confirmed what I thought. Its stuck on the last page of what they call an income & expenditure form...with the bit about a payment proposal..which they browbeat so many into offering! Thank goodness I'm paranoid and don't even like admitting my name to myself...let alone such details to the likes of them!

Vamp, re the identity theft...again maybe my paranoia, but why the hell do Lowells need such a vast amount of personal details and someone's Nat Ins No on an I & E form?? I'm not suggesting they would do such a thing of course, but it only needs one inscrupulous employee :rolleyes:

 

Priority One, yes I have sent CCA, they defaulted on 19th April, having only sent me a copy application form which is illegible, plus before photocopying it was folded & stapled to hide the section on PPI. I did write back saying not what I asked for but haven't heard anymore yet.

Full story in my thread "Lowells - preying on the vulnerable"

 

Thanks all again for you invaluable comments, I really hope anyone who gets this form from Lowells reads this before completing it.

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