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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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Long standing debts and defaults


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Hi All... I hope you can help... I'll try to make this as short as possible.

 

I was a victim of the financial crash.. the business I was in suffered massively and as a result, in 2010, my income reduced by almost 90%.

 

I made arrangements with all my creditors when I could see this on the horizon (totalling around £100k) which have been in place ever since. The arrangements reflected my reduced earnings and most reduced to around 10% of the normal payment with the interest frozen.

 

Most of my creditors subsequently registered defaults against me.. some quite soon after the start of the problems, some a few years later... which, now we are 8 years down the line, is great... a lot have dropped off my credit file and a few have only a short time to go until they do... BUT... i have 2 creditors, Nothern Rock (as was) and Nat west Bank, who refuse to register a default.. they just show late payments every month even though I am thousands in arrears and show as 6+ on my credit reports..

 

My question is, should they have registered defaults many years ago or can they effectively keep on punishing me, which will ultimately be, for the rest of my life, for an event out of my control?

 

My business will never return to its former glory so I will never be in a position to clear these two debts in full. If I had declared myself bankrupt when the crap hit the fan, this would have been done and dusted many years ago and I would be pretty much back to normal but because I chose to do (what I thought) was the right thing and keep paying my creditors.

 

Would the FOS agree that defaults should have been registered all those years ago or can nat west and Northern Rock keep causing me problems (and they are now becoming quite significant as I need to be credit checked for my work and for business accounts)

 

Any help gratefully accepted

 

Thanks

H

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either stop paying till they register the default. then resume

or write and give them 14 days to register one at the correct date [after the 3rd missed/short payment]

else you'll open a serious complaint with the ICO and seek financial compensation.

 

the ICO guidelines at the time sais 3-6mts

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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Thanks for that.. Don't have the option to stop paying as I have to be seen as fit and proper in my job (financial services) currently on enhanced financial monitoring due to the historic issues and have to be seen to be making payments under any agreements

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you have checked all these debts are enforceable esp if you are paying DCA's

 

and I hope you've reclaimed all the PPI/insurances you've been spoofed out of esp on big/secured loans?

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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Share on other sites

Ppi sorted.. Haven't checked if the debts are enforcable, most of them have been with dca's for years now!?!?

 

Have had a look at the ico 'principles of reporting debt' and think I can see a hurdle.

 

Looks like I've shot myself in the foot by making arrangements with the lenders all those years ago...

 

The principles state that a default wouldn't be registered under those circumstances so I may not be able to argue that it should have happened all those years ago...

 

Any thoughts?

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are you using the old principles or the new ones

the old principles stated 3-6mts

the new ones now make no mention

IMHO its worth a shot.

 

as for the debts with DCA's

pers i'd be sending a CCA request to each one.

 

no CCA = no pay.

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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Share on other sites

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