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    • 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...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Need advice - £70k debt - should I quit DMP now?


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had response many a time on RM site they are useless take money and fail to obtain signatures, delivery by sack to many big companies so not seen by post van driver to get siggy- but also in all cases a letter back to me refering to my letter of xx xxx xxxx inst so they do get them.

:mad2::-x:jaw::sad:
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Yes you presume received.

Not your problem if Link don't provide the paperwork to Royal Mail for their systems.

We could do with some help from you.

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Have received a letter from IDEM Servicing regarding an MBNA credit card debt from 2005,

enclosing a copy of the original signed agreement with my signature and what looks like a fresh set of the terms and agreement with a footer dated the same month and year as the signed agreement.

 

The letter states, they have now fully complied with their obligations and the debt once again becomes enforceable.

 

Any advice on this?

I will scan it up in a new thread

but looks like it may mean I have to make a low offer of payment to avoid a CCJ unless I am missing something?

 

It seems I am getting back quite a few original signed agreement which is worrying me.

I expected from comments there that I was being cash cowed by these DCAs.

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lets see the return

they all have filing cabinets of fake paperwork.

start that thread

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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blown up nice and big so we can look at the fonts on the print. Sometimes people slip up by using a font ro printing technology that didnt exist back then to make their reconstituted documents. that will give them something to think about if the same doument uses 2 fonts

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  • 2 weeks later...

Capital One sent me back a copy of my original signed agreement (with signature) and what looks like reconstituted T&Cs. This is for a 2003 CC debt.

 

I have missed the last 3 stepchange payments now and today received a letter saying they have instructed Fredrickson International Ltd. to act on their behalf to arrange repayment (part of Lowells group)

 

Does this mean they have sold the debt on or just asking someone to act for them for the collections. Does this mean they are likely gearing up for a CCJ?

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acting for them at this stage, usual procedure from them. 2003 application form = no doubt was a foldover application with no terms and conditions present on inception, they would arrive later with a card, therefore possibly unenforceable>???

 

 

they no doubt later if the situation is the same = non payment then start default notices and termination then they would no doubt sale the account to some Debt purchaser (Lowells) for pennies in the pound read other capital one threads and get the idea of the way they work.

:mad2::-x:jaw::sad:
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start another thread

scan it up

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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what they sent you was small paper with top left hand side your name and address only?

 

It was a single piece of paper. A copy of the application form, with my salary and signature and their signature. a small box at the bottom with CCA 1974 points on the bottom section. I will start new threads for all soon.

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It was a single piece of paper. A copy of the application form, with my salary and signature and their signature. a small box at the bottom with CCA 1974 points on the bottom section. I will start new threads for all soon.

 

not compliant :) Not even as a reconstituted agreement.

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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  • 3 months later...
I have a question, today I received a letter from Capital One stating that the DCA who were acting on behalf of Capital One returned the debt to Capital One and will now be managed by Capital One.

 

What does this mean, why would the DCA return the debt?

 

Many reasons...not financially viable to chase.....something wrong with the paperwork......or Crarp 1 requested its return.

 

 

Andy

We could do with some help from you.

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Does that mean that the DCA (IDEM) did not purchase the debt, perhaps acting on commission instead?

 

Cap One might then try selling it on instead to another DCA?

 

Not sure if Cap On do CCJs?

(although this pre 2007 debt looks unenforceable to me)

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Does that mean that the DCA (IDEM) did not purchase the debt, perhaps acting on commission instead? Correct Cap One might then try selling it on instead to another DCA? Possibly Not sure if Cap On do CCJs? Only through a DCA after assignment (although this pre 2007 debt looks unenforceable to me)

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 3 months later...

Totally ignore. Discounts like that 99.99% of the time mean the debts unenforceable. Especially with robbers way.

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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noway totally ignore

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 months later...
IDEM have instructed Wescot to act on their behalf for one of my debts (MBNA). Not sure if this means they are selling it or not. Should I reissue a CCA Request to Wescot now?

 

Not if you have already sent IDEM one...Wescot do not buy debts...just chase.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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