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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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Silly mistake or not a concern? sainbury credit card and savings account


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I'm currently working my way through old accounts and such like and closing down where applicable those I don't use but have not yet been classed as dormant.

 

One of those accounts was a savings account with a well known retailer, almost 20 years I've had it, they periodically send me a statement, amount saved was under £40.

 

I also had a cc with the same company, it went tits up around the same time as most other ones and it ended up in default,

I wrote to them as I did all of my creditors, stated how it was and that I'd be making token payments and then came consumeractiongroup and I went from debtor with no hope to an alleged debtor that became empowered,

 

I dealt with my alleged debts and helped others around me do the same..the cc debt mentioned here simply faded,

I did for a time receive letters from dca's re the debt but I chose to ignore them as they ignored my plight in the first place.

 

In any case, the cc debt mentioned has been stat barred for some time, maybe 6 years of stat barred, I know the debt doesn't vanish, so it's out there somewhere.

 

My point (ok it took awhile)

when I was closing the aforementioned savings account down they asked me if I wanted the money paid into an account they had on file for me, the account is still live so I agreed for them to do this. (all by phone)....

 

However after the call I was putting paperwork to bed and came across a letter from the original creditor (well known supermarket) where they said at the point of default that they would collect any money they could from any other accounts I may have with them (my savings account possibly?) they never did, but I chose to leave the account alone just in case they went calling on it (for the small amount in it I shouldnt have bothered)

 

So, had this been picked up on when I called them to close the savings account down,

could they have diverted the amount saved and paid it towards the now long gone account stat barre CC account?

and if they had done that would this then have reset the stat barred account?

and all because of me not thinking?

 

I should say that they did close/pay the money into the other not related account so the transaction is done and dusted....BUT...could it have gone so terribly wrong for me if they'd paid it off the original CC?

 

as far as I'm aware they never assigned the debt to any collection agency,

I did have some bottom feeding dca's trying to collect but they were simply ignored.

I reside in Dawlish Warren but am not a rabbit.

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wish you'd name names!!

 

I will guess this is RBS

and the card was/is a Tesco credit card

which at the time was financed by RBS.

 

so yes they can offset.

 

statute barring in E&W simply means that enforcement of any court judgement cannot be done.

so owners of your debts don't bother.

 

however the debt still exists , and if still owned by the OC, then they can offset.

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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… and to make it clear, the statute bar does not reset itself.

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Thanks for the further clarification re the stat barred, I wasn't sure.

 

Now thats cleared up, the credit card was with Sainsburys Bank, the Savings account was with Sainbsurys.

 

The DCA that attempted to collect was Robinson Way.

I reside in Dawlish Warren but am not a rabbit.

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so as post 2 RBS I guessed right

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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so as post 2 RBS I guessed right

 

You can have 1 point for rbs (assumuing it's them that underwrote Sainsburys Credit Card but 0 for Tesco.....

 

Still 1 point from 2 isn't bad, 'every little helps' right? :-)

I reside in Dawlish Warren but am not a rabbit.

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doh what made me put Tesco...:???:

meant to be Sainsbury's

they were financed by RBS before they had their own bank later when the rules were relaxed.

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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