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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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HBOS Credit card debt advice sought,please


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Hi

To cut long story short,

had a debt around £15k with original lender who assigned the debt to a DCA last summer (2016).

 

DCA wrote chasing debt

- I replied stating that in my view (formed by reading loads of stuff on internet) debt was unenforceable.

DCA said would look into the matter

 

 

almost a year later,

has written saying they would not pursue legal action 'at this time' but would I get in touch to arrange repayment of the debt.

 

I am assuming (ha ha,always tell my kids never to assume anything) this is as close as DCA will come to admitting debt unenforceable (?)

 

 

what would be a sensible course of action to take in respect of their request for me to get in touch re repayment?

 

Most grateful for any advice and thanks in advance.

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It's up to you. It seems that the debt is unenforceable and so if that's the way you want to play it, I would not get in contact with them – but keep all the paperwork.

 

If you feel that despite the lack of legal enforceability, that you would like to pay it off or part of it off then you should contact them and negotiate a settlement.

 

Don't forget that even though it may be unenforceable at law, it will still remain on your credit file for six years. However, even if you arrange a settlement or clear it completely, it will still remain as a black mark on your credit file for six years

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Who is the OC and who is the DCA? Pointless cloak & daggers.

 

When did you take this agreement out?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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DCA's are NOT BAILIFFS

 

 

they have no such legal powers.

you should never be blindly paying them or thinking of doing so with proof of debt and paperwork ownership.

 

 

dx

 

 

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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tell us about the debt please

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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Had a similar situation that you helped me with

- I paid (MUG) Highbridge ,supposedly to take the debt off my hands once and for all,

 

 

then they went into liquidation

- pretty much a con really

- not long after

 

 

- after Highbridge had had the debt for 2 years or so

- Halifax took up the reins again.

 

 

At some point, probably after stream of letters from me, they got fed up and assigned debt to Cabot.

 

 

Now Cabot saying they do not intend to pursue legal action,

I see this as confirmation unenforceable, and would not, and in any event, am not able to, talk about repaying.

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ever sent a CCA request to cabot?

or just leave it be,.

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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Cabot dont chase enforceable debts. Get a CCA request off.

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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Theyre bottom feeders. They take debts nobody else will. Then harass peopel into paying, or if they think y ou wont reply or youre gullible, they try and get a judgement by default so it costs you a small fortune to set aside.

 

Remember, a very tiny percentage of all debtors even know the basics of what to do if a DCA starts contacting them. Cabot and the rest of them know this very well, and exploit it. Thats why a lot of them use borderline illegal tactics to get money from people, and many debtors are too scared to challenge them. When they do challenge, the DCA simply says " sorry, admin error".

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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Debt Buying is by far the biggest banking business ....

99% is fake debt

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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Did you ever hit Shallowfax with a reclaim for any charges/fees they added?

 

The fact they flogged this on should ring alarm bells, a sum of this amount is usually chased to the death by the banks own in-house collection arm, BOS-Blair Oliver & Snot.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Bazooka Boo - no,I didn't hit them for any charges/fees - looking thru my old bumf,it's hard to see where charges might have been added - just total sums owing etc. But thnx for reply.

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Also remember, when a debt is sold, the OC double dips. They write the debt off against tax/insurance and get a small payout for it, then get a payout from the buyer too. The buyer might pay maybe 10% of what the total debt is. Some DCA's might pay just 1% if its a total junk debt.

  • Confused 1

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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There sure is. And theres not much regulation surrounding it either. because the bodies that do regulate it seem to be very reluctant to do anything.

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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  • 8 months later...

Thread moved to the appropriate forum...please continue to post here to your thread.

 

Regards

 

Andy

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