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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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Hi All, I'm after some advice and opinion

 

 

A while ago I fell into debt with various Payday lenders which was totally my fault no excuses. I have now sorted them all out with the last one being MYJAR formerly Text Loan with the last payment being paid this month.

 

 

A few months ago I received an email from MYJAR saying I owed the debt and if I didn't pay or make an arrangement within 14 days they would register a default. I called them up and made arrangements to pay over 4 months (Last payment this month) which they accepted and I was told no default would be registered as I had come to an arrangement within the 14 days.

 

 

First payment was made and two weeks went by and when I checked my credit file on Noddle there was a default registered by MYJAR three days after the arrangement was made and first payment paid.

 

 

After contacting them they emailed me to advise the default had been put on by mistake and this would be removed but would show as "Late Payment" due to the original debt occurring. I could live with the "Late Payment" after all I did fall into debt.

 

 

The default was removed and I continued to make payments on time as agreed.

 

 

It has now come to my last payment and I have just checked my Noddle credit file and the default is back along with the mark for late payment.

 

 

I have just emailed them again but I'm concerned in case they try to keep it on and I'm not sure what action to take. I'm thinking was this just a tactic to get me to pay

 

 

Can they legally do this?

 

 

Thanks for any advice offered

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Did you get it in writing that there would be no default entered?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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What did it actually say. because it has to be pretty well worded. And when you make the payment, you should have received confirmation ideally

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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This is what they originally sent to me

 

 

"We have contacted you several times regarding your unpaid loan but have not received payment from you – the balance now stands at £482.50.

We are now giving you 14 days’ notice of our intention to register a default against you. The default notice together with an information leaflet issued by the Financial Conduct Authority is attached to this message.

Registering a default is the step that we must take before we are able to take legal action against you. You can avoid this by repaying the money you owe or by contacting us and making a repayment arrangement. You must act without delay to prevent the default being registered.

Yours sincerely

MYJAR

Collections and Recoveries "

I contacted them within the 14 days and made arrangement to pay over 4 months which they accepted and told me the default wouldn't be registered. I then noticed after a couple of weeks they had put a default on my file. So after I emailed them they sent this reply

 

"Please kindly forward us the screenshot of your credit file, so that we will be able to investigate this matter further.

We also confirm that we have been receiving the payments in accordance with the repayment plan that we have set up for you on 07/04/2015.

We will do our best to resolve this issue as swiftly as possible, and we apologise for any inconvenience that we have caused you".

Which I did then I received the following email

 

"I am writing to you in order to address the default that was registered against you.

I apologise for the incident occurred on your account and can confirm that we have done necessary amendments on your credit file and the default has been removed. The status of the loan was changed to "Late payment" which means once the outstanding balance has been cleared the entry will have a minor affect on your credit score for 3 months and will be removed after 1 year.

Please be advised that it might take a maximum of 30 days for the change to be displayed on your credit file at noddle."

 

This did come off as they said and there was the mark for late payment. I checked my Noddle credit file again yesterday and the default is back on and there is also the mark for late payment. I have not missed any payments and kept up with them as agreed. Alarm bells started ringing as this month was my last payment and the default suddenly reappears

 

I've emailed them again and I am just waiting a response.

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Please email

 

[email protected] - Head Of Compliance

[email protected] - Managing Director

 

They will sort your problem out extremely quickly.

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Thank you for you replys

 

 

Today I have received the following email from MYJAR,

 

 

 

 

"Please accept my sincere apologies for the situation occurred and for the inconvenience this issue has caused you.

 

This is not standard practice and we will do everything possible to prevent this happening to any of our customers in the future.

 

Please note that due to a technical issue the default was added to your credit file although an agreement was in place at the time of the incident.

 

We have now updated your credit file, the loan was paid in full on 27/06/2015 and the status was updated to Settled. The change might take a maximum of 30 days to be visible in Noddle.

 

I hope this information has been of use and once again apologise for any inconvenience this has caused you."

Am I wrong in thinking changing the status to settled just shows that there was a default on the file or would a late payment change to settled also?

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You still need to report them. Depsite their claims, i bet it is happening to other people, and nobody else contests it. You want that status satisfied though, not settled. But if you are happy with the result, then thats good.

 

Ideally though you should have requested the complete removal of it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Just thought id provide a quick update.

 

When I emailed back i CCd the people you mentioned thanks (fkofilee) and I demanded complete removal thanks (renegadeimp). This is response I recieved.

 

"Thankyou for the e-mail.

 

Please find this as confirmation that all records regarding the specific loanin question have been deleted from CallCredit; however, the change might take amaximum of 30 days to be visible in Noddle."

Thats what I call a result. Thanks for the advice much appreciated.

 

 

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