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    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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HBOS Credit card debt advice sought,please


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Hi

To cut long story short,

had a debt around £15k with original lender who assigned the debt to a DCA last summer (2016).

 

DCA wrote chasing debt

- I replied stating that in my view (formed by reading loads of stuff on internet) debt was unenforceable.

DCA said would look into the matter

 

 

almost a year later,

has written saying they would not pursue legal action 'at this time' but would I get in touch to arrange repayment of the debt.

 

I am assuming (ha ha,always tell my kids never to assume anything) this is as close as DCA will come to admitting debt unenforceable (?)

 

 

what would be a sensible course of action to take in respect of their request for me to get in touch re repayment?

 

Most grateful for any advice and thanks in advance.

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It's up to you. It seems that the debt is unenforceable and so if that's the way you want to play it, I would not get in contact with them – but keep all the paperwork.

 

If you feel that despite the lack of legal enforceability, that you would like to pay it off or part of it off then you should contact them and negotiate a settlement.

 

Don't forget that even though it may be unenforceable at law, it will still remain on your credit file for six years. However, even if you arrange a settlement or clear it completely, it will still remain as a black mark on your credit file for six years

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Who is the OC and who is the DCA? Pointless cloak & daggers.

 

When did you take this agreement out?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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DCA's are NOT BAILIFFS

 

 

they have no such legal powers.

you should never be blindly paying them or thinking of doing so with proof of debt and paperwork ownership.

 

 

dx

 

 

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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tell us about the debt please

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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Had a similar situation that you helped me with

- I paid (MUG) Highbridge ,supposedly to take the debt off my hands once and for all,

 

 

then they went into liquidation

- pretty much a con really

- not long after

 

 

- after Highbridge had had the debt for 2 years or so

- Halifax took up the reins again.

 

 

At some point, probably after stream of letters from me, they got fed up and assigned debt to Cabot.

 

 

Now Cabot saying they do not intend to pursue legal action,

I see this as confirmation unenforceable, and would not, and in any event, am not able to, talk about repaying.

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ever sent a CCA request to cabot?

or just leave it be,.

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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Cabot dont chase enforceable debts. Get a CCA request off.

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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Theyre bottom feeders. They take debts nobody else will. Then harass peopel into paying, or if they think y ou wont reply or youre gullible, they try and get a judgement by default so it costs you a small fortune to set aside.

 

Remember, a very tiny percentage of all debtors even know the basics of what to do if a DCA starts contacting them. Cabot and the rest of them know this very well, and exploit it. Thats why a lot of them use borderline illegal tactics to get money from people, and many debtors are too scared to challenge them. When they do challenge, the DCA simply says " sorry, admin error".

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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Debt Buying is by far the biggest banking business ....

99% is fake debt

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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Did you ever hit Shallowfax with a reclaim for any charges/fees they added?

 

The fact they flogged this on should ring alarm bells, a sum of this amount is usually chased to the death by the banks own in-house collection arm, BOS-Blair Oliver & Snot.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Bazooka Boo - no,I didn't hit them for any charges/fees - looking thru my old bumf,it's hard to see where charges might have been added - just total sums owing etc. But thnx for reply.

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Also remember, when a debt is sold, the OC double dips. They write the debt off against tax/insurance and get a small payout for it, then get a payout from the buyer too. The buyer might pay maybe 10% of what the total debt is. Some DCA's might pay just 1% if its a total junk debt.

  • Confused 1

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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There sure is. And theres not much regulation surrounding it either. because the bodies that do regulate it seem to be very reluctant to do anything.

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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  • 8 months later...

Thread moved to the appropriate forum...please continue to post here to your thread.

 

Regards

 

Andy

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