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    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other!
    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
    • Regarding a driver, that HAS paid for parking but input an incorrect Vehicle Registration Number.   This is an easy mistake to make, especially if a driver has access to more than one vehicle. First of all, upon receiving an NTK/PCN it is important to check that the Notice fully complies with PoFA 2012 Schedule 4 before deciding how to respond of course. The general advice is NOT to appeal to the Private Parking Company as, for example, you may identify yourself as driver and in certain circumstances that could harm your defence at a later stage. However, after following a recent thread on this subject, I have come to the conclusion that, in the case of inputting an incorrect Vehicle Registration Number, which is covered by “de minimis” it may actually HARM your defence at a later stage if you have not appealed to the PPC at the first appeal stage and explained that you DID pay for parking and CAN provide proof of parking, it was just that an incorrect VRN was input in error. Now, we all know that the BPA Code of Practice are guidelines from one bunch of charlatans for another bunch of charlatans to follow, but my thoughts are that there could be problems in court if a judge decides that a motorist has not followed these guidelines and has not made an appeal at the first appeal stage, therefore attempting to resolve the situation before it reaches court. From BPA Code of Practice: Section 17:  Keying Errors B) Major Keying Errors Examples of a major keying error could include: • Motorist entered their spouse’s car registration • Motorist entered something completely unrelated to their registration • Motorist made multiple keying errors (beyond one character being entered incorrectly) • Motorist has only entered a small part of their VRM, for example the first three digits In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant). It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified before reverting to the charge amount at the point of appeal. Now, we know that the "modest charge" is unenforceable in law, however, it would be up to the individual if they wanted to pay and make the problem go away or in fact if they wanted to contest the issue in court. If the motorist DOES appeal to the PPC explaining the error and the PPC rejects the appeal and the appeal fails, the motorist can use that in his favour at court.   Defence: "I entered the wrong VRN by mistake Judge, I explained this and I also submitted proof of payment for the relevant parking period in my appeal but the PPC wouldn't accept that"   If the motorist DOES NOT appeal to the PPC in the first instance the judge may well use that as a reason to dismiss the case in the claimant's favour because they may decide that they had the opportunity to resolve the matter at a much earlier stage in the proceedings. It is my humble opinion that a motorist, having paid and having proof of payment but entering the wrong VRN, should make an appeal at the first appeal stage in order to prevent problems at a later stage. In this instance, I think there is nothing to be gained by concealing the identity of the driver, especially if at a later stage, perhaps in court, it is said: “I (the driver) entered the wrong VRN.” Whether you agree or not, it is up to the individual to decide …. but worth thinking about. Any feedback, especially if you can prove to the contrary, gratefully received.
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What do DCAs pay for a debt?


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Apologies if my threads are peppering the board like a rash but I have all kinds of questions and I don't want to hijack other people's threads.

 

I've been wondering what percentage of the original balance is paid by DCAs to the original creditor, to purchase a debt? Is there a set percentage or does it vary?

 

Reason I'm asking is that, if it ever came to me wanting to settle a debt with a DCA (unlikely as things are now :(), I'd want to have some idea of a realistic figure to put forward.

 

If say, the original debt was £10K, would the DCA have paid £8K, £5K or even £2K?

 

My instinct would be to try and settle a debt like that for say £3K if I could. Does that ever happen?

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If say, the original debt was £10K, would the DCA have paid £8K, £5K or even £2K?

 

More likely £1K. They usually pay around 10% of the value of an unsecured debt.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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It does beg the question - why on earth do the banks not make the debtor the offer of a full and final at 10% rather than selling it on to these vultures?

Because there would be no tax benefit to the bank in doing so.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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It does beg the question - why on earth do the banks not make the debtor the offer of a full and final at 10% rather than selling it on to these vultures?:confused: :confused:

 

Very annoying really. Don't quite understand the logic.....if there is any that is:rolleyes:

 

Firstly, they don't want to make it easy on people who don't fulfill their commitments...

 

and, secondly, because the Tax Man will enable them to write off a substantial amount of the debt against profit, which wouldn't happen if they were to do the same thing to their client.

 

Don't forget... many of the banks OWN DCA's as part of their business strategy.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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The tax break is bigger if they writing off the whole of the debt........oops got there to late. Tomterm8's given you a fuller answer.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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yes, a whole industry has been built up the back of the misery of others.

Some of the trolls that scour this site should look to their own corners before they go about criticising us and questioning our morality:-x

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Absolutely right. It's all a big rip off and another way of profiteering for Banks. Ironically, there's money to made from debts!!

 

 

Settling your debts

 

That site is obviously very USA but take alook around, it makes a very interesting read considering many of our own DCA's/Purchasers are US based or influenced.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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My personal experience.

The DCAs buy at various risk categories.

As you say usually around the 10% mark.

I'm dealing with an alleged debt for a third party, CCA'd the DCA and they sent background paperwork instead of the agreement. It showed they paid 2%!

Admittedly this was an old debt almost statute barred with very little chance of contact/payment from the debtor.

Bottom feeders indeed:)

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That's interesting dom2. Can you scan the papers to the site - I'm sure they would make interesting reading. Wonder if the figures quoted by Cattell related to GE Money/Capital Bank who were recently dumped by Harrods? Vandermerwe

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Hi

Sorry but I don't want to upload anything until it's sorted. After that I'll send all stuff such as this to the website.

 

It's simply a computer print out headed creditsolve - live; legal report.

Gives the date acquired and in line5 says ....

P/£ - 0.0249

 

Oh, and now they confirm that there's no copy of agreement.

 

It seems to me that many contributors on this site are in a similar position. Nice to know just how little the DCAs pay for high risk lots.

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  • 5 months later...

if a CREDITOR sells a debt & claims tax relief when in default is it legal?

 

imagine a creditor assigns/sells an alleged debt whilst in default of the CCAct 1978 section 78 and then claims tax relief ----- has anyone thought of writing to the tax people to inform them that the account in question was in default [of the CCAct 1978 section 78 ] and consequently this is an illegal action ??

:cool: sunbathing in juan les pins de temps en temps

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if a CREDITOR sells a debt & claims tax relief when in default is it legal?

 

imagine a creditor assigns/sells an alleged debt whilst in default of the CCAct 1978 section 78 and then claims tax relief ----- has anyone thought of writing to the tax people to inform them that the account in question was in default [of the CCAct 1978 section 78 ] and consequently this is an illegal action ??

 

 

Why would it be illegal?

All the default ascertains is that the debt is unenforceable, it still exists.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Why would it be illegal?

All the default ascertains is that the debt is unenforceable, it still exists.

 

This is an interesting point.

 

If the total amount of the debt to be written off is made up of illegal charges and interest that are not contractually agreed (e.g. through the clear absence of a CCA) then I would suggest that claiming tax write-off on the total balance MAY be interpreted as theft/obtaining money by deception.

 

The analogy would be a company writing off bad debt against its corporation tax, knowing that the actual amount is almost certainly less. So for example, the sum defaulted for a credit card is £8 K and the OC has added say £2 K in interest/charges (now £10 K) and sold the bad debt for £1 K they would be claiming tax relief on £9 K. The £9 K would be incorrect by virtue of the charges and interest especially if it was know that no such agreement exists between the parties. Hence they would be obtaining tax relief on a higher amount = deception/theft.

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I wouldn't stress about the tax consequences of OC's geting rid of agreements to DCA's as it's about income, not loss.

 

The reason that they let the DCA's do the reduction for them is quite less dramatic. An analogy - you go into a shop and on one side is a 46" LCD tv for £1000. "that's too much" you say. The assistant says "go upstairs - the same model is £100". Well, I know where I'd do my buying!

 

OC's are in the same position as the shop. The money page of the Daily Mail would be full of articles saying that you only had to pay 10% of your credit card balance to clear it if they started doing that. Yes, there's the odd exception where they will do that - but it isn't THAT common. Using DCA's is just a method of having someone at arm's length do the reduction.

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aUsing DCA's is just a method of having someone at arm's length do the reduction.
.......and cause worry and misery to people, many of which are completely unable to handle debt and who lose their homes, belongings, wives and, in some cases, commit suicide to end it all.

 

Satan must be very happy, rubbing his hooves together in glee.

 

I sometimes wonder how DCA employees sleep at night.

 

Vandermerwe

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Just thought I'd clarify one point mentioned in that site (I know, it's an old post, but I've only just read it ;)).

 

Making a repayment after a debt is statute barred in the US is different from over here. In the UK, the clock CANNOT be restarted afterwards.

 

So if you have a debt that was statute barred, and a DCA has convinced you to make a repayment after the 6 year time bar, STOP PAYING RIGHT NOW. They CANNOT enforce a debt afterwards, and if they have told you that your 6 years has restarted, THEY HAVE LIED TO YOU!!!!

 

But that's no big surprise, I suppose. :D

 

Absolutely right. It's all a big rip off and another way of profiteering for Banks. Ironically, there's money to made from debts!!

 

 

Settling your debts

 

That site is obviously very USA but take alook around, it makes a very interesting read considering many of our own DCA's/Purchasers are US based or influenced.

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