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    • I can only speak from personal experience. But a similar thing happened to me. Seriously dented door.  I made the other insurance pay. They regarded it as a write off. Took the money, replaced the door. Never heard anything more about it.    Except clearly someone sold my details to claims company, because I got loads of calls in bad English for a few month's 
    • The incident was 03rd March 2024 - and that was the only letter that I have received from MET 15th April 2024 The charge I paid was at the Stansted Airport exit gate (No real relevance now - I thought this charge was for that!!).   Here is the content of email to them (Yes I know I said I was the driver !!!!) as said above -  I thought this charge was for that!! "Stansted Airport" Dear “To whom it may concern” My name is ??  PCN:  ?? Veh Reg: Date of Incident: 03rd March 2024 I have just received a parking charge final reminder letter, dated 10th April 2024 - for an overstay.  This is the first to my knowledge of any overstay. I am aware that I am out of the 28 days, I don’t mean to be rude, this feels like it is a scam My movements on this day in question are, I pulled into what looked like a service station on my way to pick my daughter and family up from Stansted airport. The reason for me pulling into this area was to use a toilet, so I found Starbucks, and when into there, after the above, I then purchased a coffee. After which I then continued with my journey to pick my daughter up. (however after I sent this email I remember that Starbucks was closed so I then I walked over to Macdonalds) There was no signs about parking or any tickets machines to explains about the parking rules. Once at Stansted, I entered and then paid on exit.  So Im not show where I overstayed my welcome.. With gratitude    
    • Just to enlarge on Dave's great rundown of your case under Penalty. In the oft quoted case often seen on PCNs,  viz PE v Beavis while to Judges said there was a case for claiming that £100 was a penalty, this was overruled in this case because PE had a legitimate interest in keeping the car park free for other motorists which outweighed the penalty. Here there is no legitimate interest since the premises were closed. Therefore the charge is a penalty and the case should be thrown out for that reason alone.   The Appeals dept need informing about what and what isn't a valid PCN. Dummies. You should also mention that you were unable to pay by Iphone as there was no internet connection and there was a long  queue to pay on a very busy day . There was no facility for us to pay from the time of our arrival only the time from when we paid at the machine so we felt that was a bit of a scam since we were not parked until we paid. On top of that we had two children to load and unload in the car which should be taken into account since Consideration periods and Grace periods are minimum time. If you weren't the driver and PoFA isn't compliant you are off scot free since only the driver is liable and they are saying it was you. 
    • Thank you dx. I consider myself well and truly told :) x Thank you dx. I consider myself well and truly told :) x
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Connaught v Mrs L - STATUTORY DEMAND HELP!


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Hello there,

 

As far as the statutory demand is concerned, the service of it is a bit "iffy" - if Connaught go as far as issuing bankruptcy proceedings they will have to prove to the court that it has been received, the fact that they just put it on your doorstep is a little bit peculiar but I've heard of much worse.

 

Do you live in rented or mortgaged accomodation?

 

The CCA request should be sent TODAY.

 

If you do not hear anything back in 14 days time you will be able to consider having the demand set aside, give me a shout if you need help doing this.

 

National Debtline open at 9am, you never know you might even get to speak to me :-)

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Connaught's seem to be excelling themselves with mailing these out. Is it legal to mass mail these simply to threaten people with little or no intention of issuing a bankruptcy petition? I think I burnt the one my dad got after they wrote that they had since closed his file. It must be on record though that they filed it. I will send off letters to the OFT and FOS today complaining. I will happily knock something together if I have to. Any chance of someone experienced doing a good template though? Would help him, me and others down the line. I wondered if they really are paying £30 a shot for ALL of these SD's they are sending out. I know they would for all the ones £5000 (well no one knows ;-0). I suppose they wouldn't be stupid enough not to.

What sort of world do you want your kids to grow up in?

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Hello there,

 

As far as the statutory demand is concerned, the service of it is a bit "iffy" - if Connaught go as far as issuing bankruptcy proceedings they will have to prove to the court that it has been received, the fact that they just put it on your doorstep is a little bit peculiar but I've heard of much worse.

 

Do you live in rented or mortgaged accomodation?

 

The CCA request should be sent TODAY.

 

If you do not hear anything back in 14 days time you will be able to consider having the demand set aside, give me a shout if you need help doing this.

 

National Debtline open at 9am, you never know you might even get to speak to me :)

 

Thank you so much, I am currently at the stage of shaking like a leaf, which I guess is normal :(

 

The CCA request is all typed up and ready to go, just about to call the debtline and really hope I get to talk to you!

 

My home is mortgaged, owned jointly with my husband

 

I will certainly complain, if it helps to stop this from happening to anyone else I will do what I can.

:confused: New here and in need of some advice! :confused:

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Connaught's are an efficient DCA (still as nasty as the others). You should find that they will write back to you very quickly telling you that your file is closed if they don't have the original signed CCA. In fact they are probably the most efficient out of the lot when it comes to this. So with any luck you may well hear back by Wednesday next week. Keep your fingers crossed. Some of them either don't reply at all or leave you hanging on for weeks.

What sort of world do you want your kids to grow up in?

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Thanks everyone, I feel a little calmer now.

 

I have spoken to the National Debtline who have advised me to exactly what you all suggested, to send off for the CCA, statement of account and notice of assignment. So the letter is now on its way via Special Delivery, all I can do now is sit back and wait...well that and complain to the FOS and OFT of course.

 

IF Connaughts have all of the correct paperwork and IF there has been a payment in the last 6 years, then I will have to take advice on what to do next.

 

Thanks so much

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:confused: New here and in need of some advice! :confused:

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As far as the statutory demand is concerned, the service of it is a bit "iffy" - if Connaught go as far as issuing bankruptcy proceedings they will have to prove to the court that it has been received, the fact that they just put it on your doorstep is a little bit peculiar but I've heard of much worse.

 

there's nothing peculiar that. If the person doesn't/refuses to take it then you can just leave it on the floor. The rules allow for that. The proof is their affidavit or statement of service.

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Hi everyone

 

I am new here and I am not terribly sure where the post will end up..so I apologise if I tread on toes!

 

I received a Stat Demand from First Credit this morning, a little man at the door looking very serious! :-o Anyway, the debt relates to NatWest about 1998-2001 total just over £5k and is overdraft/credit card related. I telephoned them (mistake I now know), they told me unless I paid them £300 immediately and continued at this rate per month then they would proceed. I quite simply said 'no', my card had been genuinely swallowed by a machine in error and we were away. They did not even write just one phone call 2 weeks ago and I asked them to call back as I was unable to take the call. This was the first payment missed in the two years I have been paying at £55 per month. So is this a CCA case? or do I write with the circumstances reiterating that I wish to continue paying? Any help/advice gratefully received.

 

Thanks

:p

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So is this a CCA case?

Yes, send them the CCA request. Don't sign it, enclose a £1 postal order and send it either recorded or special delivery. I would suggest special delivery as you have received the SD. Start your own thread on this that way it won't get lost in this thread and you will get a lot more advice.

 

You may also want to have a look at this to help you around the sight http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi all!

 

UPDATE!

 

I have just had a letter through the post from Connaught Collections, with my original £1 postal order attached.

 

It says:

 

'Dear MrsL

 

We right further your correspondance, with regards the above outstanding matter.

 

The contents of your letter have been noted. However, we write to inform you that our files have been closed and returned to 1st Credit Limited.

 

We would request that all further correspondence in relation to this matter is forwarded to their offices.

 

That's it? Nothing else?

 

This is good news, right???

:confused: New here and in need of some advice! :confused:

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This is good news, right???

Usually yes. It implies that they don't have a copy of the agreement and they know it, although obviously you will just have to wait and see what 1st credit come up with.

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thank you

 

My gut feel is not to CCA F1st Credit yet but to wait to see if they contact me, as the debt is coming up to 6 years since last payment and if I wait it could go statute barred? What do you think?

:confused: New here and in need of some advice! :confused:

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Sounds fine. Anyway under s175 of the CCA Connaught should really pass your request for a copy of the agreement onto 1st credit. It's highly unlikely that they will have bothered though, so I would just sit tight for the moment and see what turns up.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Connaught's seem to be excelling themselves with mailing these out. Is it legal to mass mail these simply to threaten people with little or no intention of issuing a bankruptcy petition? I think I burnt the one my dad got after they wrote that they had since closed his file. It must be on record though that they filed it. I will send off letters to the OFT and FOS today complaining. I will happily knock something together if I have to. Any chance of someone experienced doing a good template though? Would help him, me and others down the line. I wondered if they really are paying £30 a shot for ALL of these SD's they are sending out. I know they would for all the ones £5000 (well no one knows ;-0). I suppose they wouldn't be stupid enough not to.

 

They seem to be selectively targeting homeowners in order to frighten them into re mortgaging. This is standard use of the real SD (as opposed to the 2nd class junk mail version which is a bluff and, pace Gizmo, should be ignored). It was effectively served and would almost certainly have proceeded to the petition phase had Mrs L not CCA'd.

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"Why CCJ when you can CCA!"

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If 1st credit were CCA'ed directly could they still initiate a court claim with a signed CCA (they later foud it) without presenting it to the debtor beforehand?

 

Yes. Mrs L is right to let sleeping seagulls lie as if 1st Credit were prodded with a direct CCA they might come up with something and start the whole nightmare rolling again.

"Why CCJ when you can CCA!"

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Thank you so much for taking the time to reply, I really appreciate it.

 

Thank goodness for the site and the knowledge of all the members. If I had not come here, (or had not had a little intelligence!) I would not have a clue about the law and my rights.

 

I can only imagine the amount of people who have been bullied by these DCA's.

 

I was a wreck when I joined here last Thursday and never thought for one second that in less than a week I would have gained so much.

 

THANK YOU SO MUCH!

:confused: New here and in need of some advice! :confused:

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'They seem to be selectively targeting homeowners in order to frighten them into re mortgaging. This is standard use of the real SD (as opposed to the 2nd class junk mail version which is a bluff and, pace Gizmo, should be ignored). It was effectively served and would almost certainly have proceeded to the petition phase had Mrs L not CCA'd.'

 

 

Yes, I didn't think otherwise. I was just supporting the post of Sequenci about flagging up the general behaviour of this company. I wasn't offering adviice. All the advice on what to do had already been given to MrsL. The more people that complain the better, even if we believe that they 'probably' would actually have got a petition in the end if evasive action wasn't taken. This targeting of homeowners is very disgusting. Even though the small print seems to allow for unsecured debts becoming secured, has anyone actually tried the defence that the money was loaned out on an unsecured basis and clearly advertised as such in court?

What sort of world do you want your kids to grow up in?

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Yes. Mrs L is right to let sleeping seagulls lie as if 1st Credit were prodded with a direct CCA they might come up with something and start the whole nightmare rolling again.

 

I assumed that they had to produce the CCA for the debtor first. I CCA'ed 1st Credit for my dad after Connaught closed the file and returned it to them. After going through one court case already I thought it would mean we would at least be forewarned of the possibility of another. It doesn't seem right to me that the debt can be in dispute and a court case initiated without the debtor getting the CCA request staisfied first. Still, if that's the way it is...

What sort of world do you want your kids to grow up in?

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Even though the small print seems to allow for unsecured debts becoming secured, has anyone actually tried the defence that the money was loaned out on an unsecured basis and clearly advertised as such in court?

 

That's an extremely interesting question. Those agreements that pass muster as legally enforceable usually end up being settled with charging orders, AOE's etc. The problem is that nobody in this position has the financial resources to challenge the agreements through the entire judicial process.

"Why CCJ when you can CCA!"

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That's an extremely interesting question. Those agreements that pass muster as legally enforceable usually end up being settled with charging orders, AOE's etc. The problem is that nobody in this position has the financial resources to challenge the agreements through the entire judicial process.

 

the creditors would argue that the original agreements have since been terminated/defaulted hence the monies being chased are now typical money judgments.

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