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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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HSBC/Arrow/Shoosmiths


UKDomains
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I opened a current account with HSBC in December 2007.

 

With various problems I had with PDL's clearing out my bank account, I became overdrawn and I changed banks to avoid them having access to my money. My salary went into my new bank account.

 

With some transactions going through, it went into overdraft and then exceeded my overdraft as well. I argued with HSBC that I had requested these PDL's not to access my account, but I was given the old "You gave them your card details and you owe them money". The amount racked up purely with bank charges.

 

According to my credit report, HSBC closed my bank account in May 2010. In exactly 43 days it will be 6 years since they closed the account.

 

It was apparently sold on to Arrow Global in September 2014.

 

Last week I received a phishing letter from Shoosmiths asking me if I was me living at my address. Ignored the letter.

 

Yesterday received letter from Arrow Global saying the management of my account had been assigned to Shoosmiths and I should direct all correspondance to them. Ignoring that as well.

 

Now my thoughts are this is already statute barred, as it would have been a few months between my last transaction/payment into the bank account and when they closed the account.

 

Does anyone have an idea how quickly Shoosmiths ramp up their harrassment from when they send the first phishing letter to when they become more aggressive? I know that in 43 days it falls off my credit report.

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It's statute barred ignore them unless they issue a claim form

 

There is no link between SB date and defaulted date

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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  • 3 weeks later...

Oooo. They've "upped the ante". they have now sent me a text message on my work mobile.

 

 

Fired off a quick email telling them to remove my work mobile from their system and to stop phoning/texting me.

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:whoo:

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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Aaaahhhh, I do feel so special.

 

 

They sent me a letter today AS WELL!

 

 

Offering me to ring them up, and being nice chaps and all,

they might even be able to arrange a discount for me,

and my lovely credit file will be marked partially satisfied.

So kind of them.

 

Explained to my wife about statute barred debts and she just laughed.

Said let them waste more postage money.

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  • 1 month later...

After being sent a rather threatening email with subject Arrow Global vs UKDomains,

 

I responded to Shoosmiths saying it had been 6 years since HSBC bank closed the account,.

 

Shoosmiths failed to disappoint me,

coming back very quickly saying there had been a random payment made in September 2011.

Apparently 16 months after the bank closed the account.

 

I responded saying impossible, prove it. Account had been closed for over a year.

 

Waiting for HSBC to send me my response to SAR within the next week or two.

 

Shoosmiths and Global Arrow and their famous phantom payments.

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don't ya just love 'em.......

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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  • 2 years later...

Hahahaha,

after more than two years I get another threatening letter saying they will be going to court and asking for a warrant of control if I don't pay them immediately.

 

Forwarded the last round of emails I sent them in May 2016,

telling them this alleged debt was statute barred in 2016 before they previously contacted me,

and that if they send me more letters I will be charging them a letter fee, payable within 30 days.

 

Oh and a classic line they love using I paraphrased: "Should you send me further letters, this implies you have read and understood and agree to the letter fee"

 

told them to go swivel and that I'd be complaining to the FCA.

Edited by dx100uk
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" they will be going to court and asking for a warrant of control "

 

Strange how thy skipped the full process...getting around a statute barred debt.....actually getting a CCJ......then assuming you have something to control :wink:

 

 

Andy

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send them our SB letter

then if they continue sue them under conc rules

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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probably not the one that state conc rules?

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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I had included: FCA Rules and regulations CONC 7.15 and especially CONC 7.15.8 and CONC 7.15.9.

 

Also, seeing that you have not been in contact with me before it became statute barred, I think rule CONC 7.15.4 is important to note.

 

Funny thing is, I just checked the letter and it was actually a letter with "Early Settlement Opportunity" offer on it. and then threatened me with Warrant of Control and enforcement agents.

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time to complain then...………….

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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