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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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Cabot chasing old RBS credit card 'debt'


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yeah, probably working on 10th Jan 2017 for SB? don't want to appear an idiot, make a fool of myself and come home with a CCJ. Before that date my defence would be incorrect paperwork, so am gearing myself up now.

 

Thank you

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  • 2 months later...
  • Replies 68
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Hi,

 

All has been quiet for a while and I am preparing for SB.

 

Rightly or wrongly in a moment of panic I replied to Cabot's correspondence advising

I believed the credit agreement was legally unenforceable,

the account was in an unresolved dispute with RBS before it was sold

and consequently I did not acknowledge any debt to their company.

 

I need to ask a silly question,

 

what defines "acknowledging" the debt?

 

Does the fact I have talked about it mean I have acknowledged it?

 

Though I have never admitted I owe the money.

 

Many Thanks

G

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:frusty:

you didn't sign it did you ?

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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what part of never play letter tennis with a dca did you not follow...............

 

I suspect that if that got before a judge it would be classed as ackin the debt AND RESETTING THE CLOCK

 

id let it run

 

what ever head fit made you do such a stupid ting...

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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ok I get I'm stupid, but how telling them the debt was in dispute before it was sold and I do not acknowledge any debt to them admitting it? I am confused, Can I send the SB letter if they contact me again?

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no you don't send any SB letters.

 

 

if they are stupid enough to file a claim form

the SB defence will kill it dead

but don't fire that arrow until needed.

 

you wrote about the debt

so are acknowledging there is a debt

regardless to if its in dispute or not.

 

as with all communication s with a DCA

you don't ever tell them anything they don't already know

that's their job to find it out

not yours to tell them.

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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next bloke next desk in a diff coloured skirt using the same printer

all designed to kid you it s going up a chain.

 

 

no such thing as a collection dept at a DCA any way.

just silly spoof names

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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  • 1 month later...

Happy New Year

 

One of my cards is now over 6 years and a month since last payment and I am ignoring all correspondence from Cabot. I was thinking of sending a CCA request when I feel cornered, would there be any point now in asking for a CCA for the Stat Barred one?

 

Many Thanks

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statute barred is the end of it once you tell them, heard they have hounded somebody after 11 years statute barred, after court threat ran away as breaking all regs on the said subject, these dirty cretins need capping, the dirty trade allowed by dirty governments.

 

they use to have special hospitals for these type people but they let them out onto society hence lowering of standards in commerce,

 

other will respond no doubt to your question. bad day

 

seems the answer already given in a different post, read and digest

:mad2::-x:jaw::sad:
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as post 57

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 agree with you, these "legalised crooks" shouldn't be allowed to become millionaires in this manner.

 

I am not telling them it's SB until I get the notice before claim form and I still need to buy time for my other one.

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matters not if its enforceable CCA wise or not if you are claiming SB.

 

the thing to remember is that in England and wales

even if a debt is statute barred

all that does it prevents whomever owns the debt from enforcing any court judgement or threatening court action

 

the debt itself still exists and they can ask for payment

and you

can equally ask them to go away.

 

but best to simply ignore

or send the FCA CONC letter

 

but you never ever ignore a claimform.

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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  • 5 months later...

Hi,

it's been a while

 

I am now passed my sell by date (Statute Barred) including 1 month after last payment.

 

Can I relax now ?

Someone told me they can obtain a claim form and have 6 months to serve them.

 

I received a letter in May advising they would continue to pursue debt , but have not received letter before action.

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Rubbish

As post 65

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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Cheers dx thought as much,

you work very hard ,

enjoy the nice weather.

 

Think I can handle it from here and I appreciate all your help and support from CAG.

 

It empowers us to stay strong and fight the them

 

Will donate!

 

Wine o clock time

 

All the best x

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