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    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
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    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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HSBC-metropolitan-hillesden-DLC-mercantile- now cabot


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Quick question.

 

If you have already had a bad debt (sorry minds gone blank on the word) on your credit file for 5 years on a debit (the 5 years is now over)

and the creditor can't find ur CCA agreement and you moved home.

 

Forgot to inform the creditor and

 

a letter from a different creditor (11of them) turns up on your door step.

 

(10 statements and one letter to say I've failed to inform them).

 

Can they issue a CCJ against my file on the same debt?

 

Also do I have to inform them I now do live at this address.

 

They asked me to contact them without further delay to confirm

 

how I propose to lay off my outstanding balance (like that's going to happen)

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If you dont inform them and they get a ccj then it is much harder to get a set aside because the claom was served at the last known good address.

 

Also cag doesnt condone debt avoidance. Can you give some background on this debt.

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

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Hi. Some advise please if you can. Long story short.

 

I had a debt with HSBC (2004)

 

I defaulted and had a red tick debt on my account for 5 years (sorry my mind has gone blank and I can't think off the word)

Went to credit collectors.

I was paying monthly.

 

Suddenly out the blue I get a voicemail on phone(2008) from another creditor saying I owe them the debt.

 

I seeked advise on the consumer forum.

 

Wrote a letter to the 'new' debt collector agency asking for my CCA.

They can't find it....

Being getting statements ever since.

 

I moved home earlier this year

advised all my creditors but

forgot about the DLC as I only get a yearly statement.

 

Today I came home to 11 letters from DLC 10 statement pages and

one letter saying I've failed to inform them of my new address.

 

I must confirm this is my new address and

 

how I wish to proceed to pay the balance (yeah right -they can't find my original CCA I'm currently not paying).

 

Do I have to write back to them?

 

If I do does it show that I agree the debt is mine?

 

Can they get a CCJ on my old address on the same debt?

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Hi

not since Jan 2008.

 

When the new company voicemailed me.

as I was not sure who they were and was worried if I start paying them I could then get letters from the other company too.

 

I sent them a letter (after finding the CAG) to ask for my original CCA

and they are still looking for it.

 

I've not paid them anything since.

 

They even tried to send me a standard letter by recorded delivery to get my signature.

 

Luckily I was soon hung over the day the post man came that my BF signed for it.

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Took out loan back in 2001.

Had trouble paying it back.

2004 Defaulted.

Set up a payment agreement which was with a creditor.

Was paying back each month.

 

2008 different creditor calls me out the blue.

Since original debt 2004 I've moved 4 times.

 

Creditors/HSBC

Can't find my original CCA

Edited by dx100uk
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Ignore them. It will be sb in a month so theyre doing evertything possible to get you to pay or admit it.

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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You arent obliged to tell them that you moved. However as already advised, if they were to obtain a CCJ at the old address, then they would have served the papers correctly and unless you had another good reason for a set aside, incorrect service could not be one of them.

 

Was there any PPI on this loan or maybe charges that could reduce it.

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 month later...
  • 2 months later...

Long story shorty.

Got into debt, HSBC sold loan to metropolitan I was paying them with out any issues,

suddenly I get a call from hillesden demanding money and my debt is with them.

 

I contacted consumer forum, was advise to get copy of credit agreement gone through all the letters etc..(this was 2009).

Accounts on hold until they find my original copy of credit agreement.

 

My account has since been sold to DLC- mercantile back to DLC-and

 

today back to mercantile who now asked me for to complete a customer affordability statement.

Shall I just sit back and do nothing?

Edited by dx100uk
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They did not sell the debt to Metropolitan. Metropolitan are part of the HSBC group - their inhouse collection agents.

 

Have you actually received from Hillsden group a Notice of Assignment ?

 

If there was already an agreement for a reduced payment plan in place with HSBC/Met Collect then Hillsden are obliged to continue with that plan.

 

Have a read of the following.

 

http://www.consumeractiongroup.co.uk/forum/content.php?840-Stop-your-bank-or-lender-breaching-their-instalment-agreement

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks.

I'm going back 5years now so all I can remember is that they wanted more for my monthly payments.

I started a thread on this site but it be 5 years ago and on an old email address.

 

All I've was receiving from hillesden was a letter to say they are following up my request for original documentation with HSBC, my accounts on hold and further action been suspended in anticipation of receiving the doc required.

 

I Was getting this (or a letter as similar, from February 2009 until nov 2010) then DLC letters March 2011, then hillesden letter may and June 2011.

 

Then DLC sept 2011,

mercantile dec 2011 (settlement letter£694 to pay off £2776 ) DLC March 2012,

DLC statement Acc dec2012, dec 2013,jan 2014, 20 February

14april 14- letter advising my accounts going to mercantile mercantile may 14

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  • 4 years later...

Long story short.

HSBC loan 2001

-went into repayment with debt collector 2005

-get call from a different debt collector collector 2007

- I question the debt and contact CAG

-asked for original application signed by me

- account went to statute barred.

Not heard a thing for around 6 + years.

 

Today letter from Cabot/ruthbridge saying we have not come to a mutual agreement.

Never heard of them in the past.

My account as far as I’m aware is status barred.

Am I right?

Edited by dx100uk
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4 threads merged for complete history

 

the debt is now statute barred

 

send then our statute barred letter from the debt collection section of our library

 

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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well under the new FCA conc rules they should then crease all comms

if you've not officially written informing them of your correct address then even if its SB theres nothing to stop them getting a CCJ using an old address.

 

the days of ignoring debt and then hoping it gets to SB ended years ago.

unless they are told its statute barred

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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