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    • I have received a PCN from Euro Car Parks for MFG - Esso Cobham - Gravesend. I was completely unaware that there was any such limit for parking and always considered this to be a service station. I stopped there to use the toilet, have a coffee and made a couple of work calls. I have read the previous topics on this location which suggest I can ignore this and ECP will not take legal action. The one possible complication is that the vehicle is leased by my employer so I do not want to involve them with the associated reminders and threatening letters. The PCN was first issued to the leasing company Arval who have notified ECP of the hiring company. I have attached a copy of the PCN Notice to Hirer with details removed as per instructions. What options do I have or should I just pay the PCN promptly at the reduced rate of £60? img20240424_23142631.pdf
    • What you have uploaded is a letter with daft empty threats from third-party paper tigers.  Just ignore it. What we need to see is the original invoice you received last October or November.
    • Thanks for posting the CPR contents. i do wish you hadn't blanked out the dates and times since at times they can be relevant . Can you please repost including times and dates. They say that they sent a copy of  the original  PCN that they sent to the Hirer  along with your hire agreement documents. Did you receive them and if so can you please upload the original PCN without erasing dates and times. If they did include  all the paperwork they said, then that PCN is pretty near compliant except for their error with the discount time. In the Act it isn't actually specified but to offer a discount for 14 days from the OFFENCE is a joke. the offence occurred probably a couple of months prior to you receiving your Notice to Hirer.  Also the words in parentheses n the Act have been missed off. Section 14 [5][c] (c)warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid; Though it states "if any applicable ...." as opposed to "if all applicable......" in Section 8 or 9. Maybe the Site could explain what the difference between the two terms mean if there is a difference. Also on your claim form they keeper referring to you as the driver or the keeper.  You are the Hirer and only the Hirer is responsible for the charge EVEN IF THEY WEREN'T THE DRIVER. So they cannot pursue the driver and nowhere in the Hirer section of the Act is the hirer ever named as the keeper so NPC are pursuing the wrong person.  
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HSBC Debt being chased in Germany


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Just got another one of these which has contradictory signals. From Central Debt Recovery Unit BN11 2RD, which I guess is another HSBC sub department? This one offers a 40% reduction on the debt, which seems like quite a desperate move. However, they also claim "we intend to refer your account to a firm of worldwide debt collectors based in Germany who will contact you to arrange repayment of this debt." Got no desire to battle with this **** in my reasonable but not legalistic German.

 

I don't know what they know about the German postal system but here you only get a letter in your postbox if your name's on the door. Maybe they know I've been receiving the letters?

 

Hope this is just no more than hot air from them. My flatmate just walked in the kitchen and cracked up when he saw the 40% but it's always a bit different when your name's on the letter..

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Just keep on ignoring. If they didn't realise their chances of collecting are zero they wouldn't be offering a big reduction, would they? Offer yourself a 100% reduction by just ignoring them. If you haven't found out yet that debt collection agenciues go away if ignored- learn from my experience. Every single one has given up and gone. No court action whatever. If they cannot make contact they won't do it.

 

And in the HIGHLY unlikely event they do pass it to foreign debt collectors- ignore them too.

Edited by give them FA
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  • 1 month later...

Just got passed onto Bluestone as speculated by horus upthread. What's the group opinion on sending the 'prove it' letter? This is an overdraft and not a credit card so I was wondering if different rules apply?

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Here's one thing that concerns me - in Germany, mail is only delivered if the name on the letter is also on the front door. Maybe they know this, maybe they don't. You're totally right about when and where to cross bridges. Just asking really so I can see the signs and recognise when a bridge has to be crossed.

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How much did you say the debt was? Their logistical difficulties in trying to collect legally must be immense. That's why they write and don't act.

 

Generally, these people are professionals in the sense that they go for the easy one, not the difficult and complex one. Whats the worst that can happen, they take you to court, but you could either fight or pay when that happens. 95% says it will not happen!

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  • 2 weeks later...

So, it happened. Got a letter from a company in Bavaria wanting 2000€, of which 219€ is 'costs'. There's not much that I can do on the UK side of the internet now but I thought it would be useful for people to know that some people out there seem to be pretty serious about chasing this stuff overseas.

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They can't add costs unless it was stipulated in your original agreement. Nor can they take any enforcement action unless they've previously obtained a CCJ in the UK, then they would need to ask a German court for permission. They will need to take legal action in Germany using UK law & given the amount they are chasing I doubt whether it will be viable for them.

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It's viable for them to write letters trying to browbeat you into paying, BB. What is not viable, as Cerberus says, is to actually do something. I would not be too surprised if the people writing to you are some dummy subsidiary of an English company trying the old "there's no place to hide" routine. You really don't have anything to lose by continuing to give it the Nelson touch.

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I'm getting conflicting advice on this. I know an ENglish guy over here who says he has some experience with debt law in germany and he thinks it could be serious. Gonna speak to a legal firm that helps migrants too and see what they think. I'll bring the advice back here for everyone to share. The company is called Bayerischer Inkasso Dienst (Bavarian Collections Service v roughly translated). Easily googleable and they have an english language part to the website if anyone wants to check it out (not sure about posting links on here). My impulse is still that if I do talk to them reasonably they won't be so interested in what I can reallistically pay and will make life hard for me so I hope what works in the UK works in DE also.

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If it had been a debt incurred in Germany, then you could well have a cause for worry- I don't know; though the world seems full of people who are prepared to believe debt collectors' lies.

 

But their obvious problems are it's a foreigner and a foreign debt. That makes it difficult to prove in any court and for the amount you are talking about... no.

 

What do you have to lose by ignoring? If they do find some way of taking it to court, cross the bridge when you come to it! Otherwise you are sounding like the guy who committed suicide because he was afraid of dying... if you understand my meaning?

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  • 5 years later...

Hi everyone,

 

I'm a UK citizen living in Germany since 2010. I'm trying to secure my status here before Brexit, and one of the offices I'm dealing with to do so requires proof of earnings for a time in 2010 when I was living off savings with a UK bank (HSBC). I don't have records anymore, but I believe the account was closed in early 2011 by HSBC because I was using the overdraft without receiving regular payments into the account. (They were tough times for me :violin:)

 

I tried to contact HSBC to make a realistic payment plan but they demanded more than I could pay. There was later some attempt to recover the overdraft via German debt collection agencies but I was advised that they would have to use English law in a German court to enforce the debt, which would cost more than they could recover from the debt, so it was likely nothing would happen.

 

I'm unsure when I last received communications from HSBC/German DCAs.

 

Now my question: if the statutory limitation has not expired on this debt, what will/could happen re: the debt if I get in touch with HSBC re: obtaining old bank statements? :???::???:

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If it was terminated early 2011 then its now statute barred.......send a DSAR to HSBC for the statements fee is £10

 

Andy

 

Thread moved to Debt management and Debt self-help Forum

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sar clickme

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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Why would German authorities require Bank statements from 2010 ? Is this a fishing exercise to see whether there was a failure to pay German income taxes at the time ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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They actually asked for an employment record, but I wasn't employed (living off savings then HSBC overdraft for a few months), so I am assuming they will want me to prove what I was living on. Given my experiences of German state bureaucracy, it seems like a fairly routine request.

 

Looking back through some threads I posted here a while ago, and a bunch of old letters I found, I see I was contacted by German debt collection agencies (not HSBC itself) at least as late as April 2012. If that was the latest contact, would that have any impact on the potential statute-barred status of the debt?

How about contact with HSBC in-house DCA Metropolitan Collection Services in September 2011?

 

It seems like the thing I need to do now is find out exactly when my HSBC account was closed. Can anyone think of a risk-free was of doing this?

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sar then - letters from wont reset anything.

 

 

dx

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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ive merged the old thread for ref.

 

 

dx

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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Any ideas on how to find when my account was closed would be welcome!

 

Also, if I travelled to the UK and went into the branch, would I be able to get them to hand the documents over there and then?

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there no harm in you ringing HSBC

 

 

if you are to the UK you could arrange to collect the sar data at a branch with suitable identification.

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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Makes you think of the complications Brexit will cause UK citizens living in EU countries. They are hapilly living and may be working, they then are forced to only have a visa or apply for permanent residency. If they fail the requirements for permanent residency, then they will be on a time limited visa and could be kicked out when it ends.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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