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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case on this topic that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Should this ever happen to me, I will make an appeal at the first stage to avoid any problems that may occur at a later stage. Although, any individual in a similar position should decide for themselves what they think is an appropriate course of action. Also, I continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • 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! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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Default Notice- Can It Be Registered A Second Time After 6 Year Rule Has Expired


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Credit Card Debt - Original Default notice 1996/7 ?HSBC

Debt Then held by Equidebt/payment plan in place until July2008

HSBC then Reassigned debt to Phoenix DCA

Question - If i make no payment can Phoenix Default me a second time on same Debt resulting in another 6 year wait re credit file

Your advice would be apreciated THANKYOU

REASSIGNMENT DOES this mean debt has been sold ??

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You shouldn't just stop paying DCA without valid reason. Before taking any action perhaps you should research this issue a little more to ensure you claim your legal rights correctly -

 

1. Have you ever applied for a CCA from HSBC?

2. Have you received a notice of assignment from HSBC, both for the Equidebt assignment & now the Phoenix one?

3. Did you receive a default notice from HSBC in 1996/7? If so, have you still got it?

4. When was your last payment to Equidebt made?

5. Have you ever reclaimed any unlawful charges aplied to this account eg. late payment, over limit fees?

 

Reassignment can mean either that the debt has been sold outright (ie. DCA has all legal rights that the OC had) or transferred partially (the legal rights to the debt remains with the OC, the DCA just has collection authority).

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Only one default can be issued against any one debt/account.

 

This is irrespective of the debt being sold or handled by any other party.

 

They could, if circumstances were right, proceed to court for repayment and this could result in a CCJ against you, but there are steps to take if that is the case and it is not a forgone conclusion.

..

.

 

Opinions given herein are made informally by myself 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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Thanks for your comments.

*Origanal cc agreement Midland Bank - Now HSBC 19.3 1987

*No requests made to date for CCA Proof

*Notice of assignment - HSBC verbally told me 15.8.08 that letter of assignment/notification sent to me 8.8.07 - sent to old address - have not lived there since 1997.

*I think HSBC issued Default notice 09/1995 -CAB involved

*Last payment to Equidebt July 2008

*No claims made for any unlawful charges

*During repayment period 1997-2008 no interest added to debt

 

**WHAT ACTION NEXT DO I make contact with Phoenix-Sarl-Marlin (marlin financial services/mortimer clark solicitors -all part of P-S-M I am told )

 

**Do I cca them before they strike at me ?

**Do i wait and see if they contact me

HELP PLEASE

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Credit Card Debt - Original Default notice 1996/7 ?HSBC

Debt Then held by Equidebt/payment plan in place until July2008

HSBC then Reassigned debt to Phoenix DCA

Question - If i make no payment can Phoenix Default me a second time on same Debt resulting in another 6 year wait re credit file

Your advice would be apreciated THANKYOU

REASSIGNMENT DOES this mean debt has been sold ??

 

Yes because it is not linked to the original default.

 

If you take out a credit card making no payments after 6 months, a default can be put on your file. If you continue not to pay, no further default can be issued. But if you begin a new repayment plan and then stop, you can be defaulted for failing to comply to that agreement.

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Am I missing The POint Last few posts have given contradictory views

Does any one know for sure??

Can i be Defaulted on the same Debt Twice if i do not keep to repayment plan?

It can be argued that i do not have repayment plan at present because i am waiting for Phoenix/Marlin to contact me.

Last payment made to Equidebt July 2008 100% repayment per plan with Equidebt since 1997.

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if a debt is defaulted, and subsequently passed on/sold to a DCA, the DCA can update the current status of the default with the CRA, but a second default cannot be issued against the same debt, a complaint should be levied to the CRA and a request for the default to be removed, you may wish to bring the CRA's attention to the original default. as mentioned earlier, a debt cannot be defaulted twice.

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Thankyou The concern for me was could a DCA issue a default on a Debt that had originally been Defaulted and was cleared from The CRA after 6 years If i have understood correctly No they cannot If they have i should complain to CRA IS there a Draft letter Do i need to refer to any legislation ? First CRA is clean i am awaiting the other two.Will keep you posted. Still no direct contact from P S M The new owner of the Debt.

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