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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • 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...  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Just read that again and consider that IMHO the selling of our data

gleaned from OUR credit files is an unfair business practice, going to print that out and send with my submission to

my MP.

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Yes I am sure they have been taken to task on this many times since 2006.We have had 2 or 3 big cases documented on the site where individuals have taken on CRAs in the Courts.

Experian think they are too big to be challenged.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

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Lets all that the whole thing of government depts. using CRA's goes pear shaped.

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  • 2 weeks later...

Seems damned if you do damned if you dont.

 

I had to get my credit file to fight unlawful charges yesterday and check my default notices. Today I have had 4 calls from utility companies offering different things. Never had any such calls before. Also texts from lowell . they have only been able to contact me by letter before. How do they get away with this

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they dont

any com can have a flag on your details that lets them know you have been to your cra and changed things

 

dunno about the marketing calls

if you've just signed up

youhave to tick a box to say no to 'special offers'

 

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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The DCA's Cannot sell or pass on your details other than to the companies who are providing

the information, the CRA's don,'t gather the information it is supplied to them

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What they do though is offer Target lists.Read this it is quite interesting.

They admit that opt outs can be a problem,but appear to boast that they can offer some kind of gap fill.

 

http://www.callcredit.co.uk/products-and-services/consumer-marketing-data-and-segmentation/core?gclid=COi_v5_566kCFcce4Qodvg8mVg

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

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It is interesting Martin, as I use all the CRA's for work had a look at some sample ''listings''

on the address list it is basically a phone book disc, the other note a household that has perhaps

had insurance quotations etc .

 

All of seems to be no more than any marketing agency in house out would have on file.

BUT I STILL DON'T LIKE IT:!:

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I was looking at their stats on individual areas,which show % of people who have chosen to opt out.

I think if more people were actually aware of what was happening here,the opt out figures would be much greater.

These days,there is also more of a call to be giving out emails and mobile numbers,in everyday situations,whether this be making a purchase online,or a simple enquiry.

Many people,tired of getting spam emails,or unwanted sales calls,end up changing numbers and using multiple email accounts,but no one should be having to do this.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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The crux of the matter is I think that a very great deal of the time the public are not

made aware that they can opt out ,or the option to do do so is small and or hidden away,

there needs to be greater transparency.

Edited by BRIGADIER2JCS
  • Haha 1

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Can't believe it's coincidence. I request Credit Report from xperian then this happens.Lived here nearly 18 months. NEVER had one phone call from anyone trying to sell me anything and NEVER had any junk mail in my name. After less than a week the poor postman is on the floor carrying my junk mail. lol Any one else had this happen ??/

 

Lewte :) (Still Smiling)

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Yes this demonstrates what we are talking about.

Brig will know I commented on another thread,this relates to people who try to clean up their credit files and settle on debt,or else maybe one of their entries falls off after the SB.

It seems that the CRAs then notify any other lenders or assignees of defaulted accounts listed on the CRF that the subject may now be in a position to pay more,or else start to pay.

This is absurd and blows out of the water,any message the CRA might want you to digest from them,that they can help you to improve your credit score.....well of course they can-by ensuring any creditors are advised of your current status.

With this sort of arrangement going on,they have a lot to answer for.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hmmm So Mr Joe Bloggs like you or I can bury their head in the sands because they are scared by DCA's into believing they owe money.

 

When infact, many don't owe anything. The aledged debt is , in many cases, nothing but unlawfull charges.

 

 

Then when we decide to eventually take a stance and sort things out , we are told to first get a credit report.

 

The CRA's then make the situation even worse by letting anyone else know they can send letters to get unlawful charges tooo and put more pressure on !!!! SSSSSSSSSO Joe Bloggs thinks it is unsurmountable .......and caves in.!!!! Hmmm. (Sorry for spellings)

Just feel so strongly about this. It is soooooo wrong .

 

 

Only in England

 

Lewte :)

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Yes you got it in 1.

 

There have been some successes from people challenging adverse credit markers which were due to charges.

This happened with bank charges until the Supreme Court ruled in the banks favour a couple of years back.

But credit card defaults and others are still open to challenge.

Some additional Consumer regs and a revision of the banking codes may also give cause to challenge not only the actual reporting,but also any unfair business practices which led up to that.

There is still scope to beat them then,but it is often an arduous task.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 3 months later...
  • 2 months later...

I might be sounding cynical but I love the comment in the 'guidance on defaults' where unresolved disputes mean difficult decisions are to be made. Ahem, I've never yet seen a creditor issuing a default notice with one iota of concern for the (alleged) defaulter whatsoever. They happily will take your money and default you because, dependant on their own 'points' system the notice will just 'click in'.

 

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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I might be sounding cynical but I love the comment in the 'guidance on defaults' where unresolved disputes mean difficult decisions are to be made. Ahem, I've never yet seen a creditor issuing a default notice with one iota of concern for the (alleged) defaulter whatsoever. They happily will take your money and default you because, dependant on their own 'points' system the notice will just 'click in'.

 

Michael

 

Surely a default notice is issued by the creditor to give the

debtor an opportunity to rectify the dispute and not incur

any further charges or penaties.

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Surely a default notice is issued by the creditor to give the

debtor an opportunity to rectify the dispute and not incur

any further charges or penaties.

 

Well I guess they will still accept your payments (:whoo:) however for 6 years that default is around your neck wheather or not you pay the debt off. A potential creditor does not look at the word 'satisfied' but 'default' and as one sees on a CRA file it's in red, it is to someone who searches.

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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Well I guess they will still accept your payments (:whoo:) however for 6 years that default is around your neck wheather or not you pay the debt off. A potential creditor does not look at the word 'satisfied' but 'default' and as one sees on a CRA file it's in red, it is to someone who searches.

Michael

 

Well if you fail to rectify the default, what do you expect, rectify the arrears then no default entry.

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Well if you fail to rectify the default, what do you expect, rectify the arrears then no default entry.

 

I'm sorry but the default will remain even if you clear the debt. The entry might well say 'satisfied' however the default stays (and shows as such) for the 6 years and any potential creditor will see it.

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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I'm sorry but the default will remain even if you clear the debt. The entry might well say 'satisfied' however the default stays (and shows as such) for the 6 years and any potential creditor will see it.

Michael

I see you are confused if you receive a default notice and rectify

the default within the time scale allowed there will be no default

to record.

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