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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Arrangement to Pay has caused a Default on my credit file


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Hi,

 

I wonder if anyone can help. I recently entered a DAS(Debt Arrangement Scheme - applicable in scotland) to pay of 50k of debt. The terms of my 5 loans have been increased to 100 months of £500 payments from 60 months, and i am still paying the total amount off which is my intention.

 

I've recently looked at my credit file and i have 5 defaults for these loans, is this correct?

 

I was expecting there to be an adverse affect on my credit file, but i was expecting 'AP' arrangement to pay on my file as opposed to a 'default'.

 

I've made every effort to face these debts and pay them off, but my credit file looks the same as if i had ignored the debt and not made any effort to deal with it.

 

Is there anyway this can be changed? I've recently been refused a job because i failed the credit checks.

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They do have to send you a notice of default although non-delivery (in the case of moving home for example) doesn't cut the mustard as far as non-service a default notice. Prior to the default notice they have to warn you you are at risk of default, and they must give you the chance to pay to prevent the account falling into default.

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Agreed, my offer to pay reduced terms over a longer period, paying the whole sum back has made no difference. They've defaulted me even when they've agreed the terms.

 

Any ideas on what i should do?

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They cant default you unless you defaulted on the scheduled payments. That`s how it feels to me. Raise a dispute with the agencies in question.

 

Pending on your situation you can hard ball the creditor saying that you about to move abroad to the likes of Cuba and if they want something you offer them a 10 pence on a pound provided they also give you a letter stating their total satisfaction, the fact that the debt is fully discharged and their agreement to remove all arrears, defaults etc from your credit agencies file.

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i've spoken with TSB who say they will remove the defaults and will fax equifax so it is done quickly.

 

They still haven't done it. i've phoned every day and keep getting excuse after excuse, i've asked for it in writing and they say they have requested that it is sent to me.

 

Has anyone else had any experience of this? Whereby verbal promises are offered but never actioned?

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  • 4 weeks later...
i've spoken with TSB who say they will remove the defaults and will fax equifax so it is done quickly.

 

They still haven't done it. i've phoned every day and keep getting excuse after excuse, i've asked for it in writing and they say they have requested that it is sent to me.

 

Has anyone else had any experience of this? Whereby verbal promises are offered but never actioned?

 

All the time.. they say one thing on the phone and do another in reality. Ask for a copy of their complaints procedure and escalate your complaint. If all else fails threaten them with legal action. That may get their attention!

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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