Jump to content


  • Tweets

  • Posts

    • I can only speak from personal experience. But a similar thing happened to me. Seriously dented door.  I made the other insurance pay. They regarded it as a write off. Took the money, replaced the door. Never heard anything more about it.    Except clearly someone sold my details to claims company, because I got loads of calls in bad English for a few month's 
    • The incident was 03rd March 2024 - and that was the only letter that I have received from MET 15th April 2024 The charge I paid was at the Stansted Airport exit gate (No real relevance now - I thought this charge was for that!!).   Here is the content of email to them (Yes I know I said I was the driver !!!!) as said above -  I thought this charge was for that!! "Stansted Airport" Dear “To whom it may concern” My name is ??  PCN:  ?? Veh Reg: Date of Incident: 03rd March 2024 I have just received a parking charge final reminder letter, dated 10th April 2024 - for an overstay.  This is the first to my knowledge of any overstay. I am aware that I am out of the 28 days, I don’t mean to be rude, this feels like it is a scam My movements on this day in question are, I pulled into what looked like a service station on my way to pick my daughter and family up from Stansted airport. The reason for me pulling into this area was to use a toilet, so I found Starbucks, and when into there, after the above, I then purchased a coffee. After which I then continued with my journey to pick my daughter up. (however after I sent this email I remember that Starbucks was closed so I then I walked over to Macdonalds) There was no signs about parking or any tickets machines to explains about the parking rules. Once at Stansted, I entered and then paid on exit.  So Im not show where I overstayed my welcome.. With gratitude    
    • Just to enlarge on Dave's great rundown of your case under Penalty. In the oft quoted case often seen on PCNs,  viz PE v Beavis while to Judges said there was a case for claiming that £100 was a penalty, this was overruled in this case because PE had a legitimate interest in keeping the car park free for other motorists which outweighed the penalty. Here there is no legitimate interest since the premises were closed. Therefore the charge is a penalty and the case should be thrown out for that reason alone.   The Appeals dept need informing about what and what isn't a valid PCN. Dummies. You should also mention that you were unable to pay by Iphone as there was no internet connection and there was a long  queue to pay on a very busy day . There was no facility for us to pay from the time of our arrival only the time from when we paid at the machine so we felt that was a bit of a scam since we were not parked until we paid. On top of that we had two children to load and unload in the car which should be taken into account since Consideration periods and Grace periods are minimum time. If you weren't the driver and PoFA isn't compliant you are off scot free since only the driver is liable and they are saying it was you. 
    • Thank you dx. I consider myself well and truly told :) x Thank you dx. I consider myself well and truly told :) x
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Clarity and advice needed re: unpaid defaults


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2128 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have two unpaid defaults from August 2012 and would like some clarity and advice about what to do.

 

I know defaults drop off the credit file after 6 years but what actually happens to my file if the accounts remain unpaid?

I know its not the same as being statue barred and i believe i have made a payment to both in the last 3 years or so

 

One of the defaults i am not actively being chased for it and havent been for years

The other one I am being chased for but the dca has agreed to give me 30 days to sort myself out (find emoloyment) and has froze the account during this time

 

What I want to avoid is the situation of the defaults dropping off the file, but then they issue a CCJ.

And what if I agreed to a payment plan which at the moment would take a very long time to pay off?

Eventually the account(s) would be closed but wouldnt dissapear from my file until 6 years after the last payment i made?

 

So is it either not do anything,

let the defaults drop off and risk a CCJ?

Or come to a payment plan and have it cause problems for another 7-8 years?

(1-2 to pay them off, and 6 for it to go from my file?)

Link to post
Share on other sites

The Information Commisioners Office says:

.

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off, paying now or not.

.

{the WHOLE ACCOUNT WILL VANISH, never to return}.

.

{however, this does not mean the debt itself is not still owed

consider a CCA request.}

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

.

NOTE: {the bracketed text is not Information Commisioners Office guideline but my advise]

 

start a new thread on each debt in the named forum of the original creditor of the top main forum tab.

 

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... 

Link to post
Share on other sites

Thanks for your post. You say brackets are your advise and not official ICO guidelines but in regards to the {the WHOLE ACCOUNT WILL VANISH, never to return} this is the major thing i am concerned with

 

So in August 2018, the defaulted account on my file will dissapear/drop off/not be visible/etc etc yes?

however the debt wont be statute barred and i'm not disputing the debt nor have any intention of doing so. So in theory they COULD get a CCJ against me right because the debt will still exist even if its not on my credit file?

 

if so then it becomes a diplomatic conversation between me and the dca to either agree a suitable payment plan or a settlement offer? (so i can avoid a ccj)

 

so if i did either of those things then this wouldnt be reported on my file at all?

 

sorry but i am easily confused and not sure making a new topic will be a good idea, just wanted some general advice. cheers

Link to post
Share on other sites

Diplomatic and DCA in the same sentence...must go for a lie down in a dark room now:-)

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

Link to post
Share on other sites

what are the debts and their type of credit

have you sent them a CCA request?

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... 

Link to post
Share on other sites

Diplomatic and DCA in the same sentence...must go for a lie down in a dark room now:-)

 

Hahaa just simply trying to ascertain the procedure for this kind of thing

 

what are the debts and their type of credit

have you sent them a CCA request?

 

One is a payday loan and the other is a catalogue

 

Not done the CCA from my limited understanding it all seems rather long winded and i am not disputing the debt at all

Link to post
Share on other sites

are they sold to DCA's or still owned by the OC's?

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... 

Link to post
Share on other sites

started an irresponsible lending complaint yet on the pdl?

did you have others .??

 

as for the DCA who?

might be best to start a sep thread as bottom of post 2

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... 

Link to post
Share on other sites

oh and throw the morality card out the window!!

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... 

Link to post
Share on other sites

oh and throw the morality card out the window!!

 

??

 

I don't wish to dispute any of the debts mate just want to know about the implication of non-paid defaults and credit file

 

Let me try this another way.

 

Hypothetical example; say I had a defaulted account for a credit card with a DCA that is due to drop off my file in 2021. Lets say I either pay the debt completely or come to a settlement offer in 2019. would this drop off my file in 2021, or would it stay on under closed accounts until 2025 as my last payment would have been in 2019?

Link to post
Share on other sites

what part of post 2 are you not understanding?

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... 

Link to post
Share on other sites

what part of post 2 are you not understanding?

 

in part its due to the conflicting information i've got going on in my head from internet searches, forum searches, etc. nothing seems to be 100% consistent

 

the reason i made this topic is because i found it difficult to believe that after the non-paid default drops off your credit file on its 6th birthday, there wouldnt be any subsequent record of some sort on your file. - if you continue to make payments or settlement which is what i intend to do to avoid ccj as best i can

 

which is where this quote i found from another forum comes in and the conflicting info. someone was enquiring about their file similiar to what ive done here and got this response

 

"Basically when the defaults drop off and there have been no CCJs or anything of the sort then all there will be is the notice of record of payments."

 

 

so there WILL be a record of payments on my file and when the final one is made it will take a further 6 years to drop off my file?

Link to post
Share on other sites

in part its due to the conflicting information i've got going on in my head from internet searches, forum searches, etc. nothing seems to be 100% consistent - there is no conflicting information...? where?

the reason i made this topic is because i found it difficult to believe that after the non-paid default drops off your credit file on its 6th birthday, there wouldnt be any subsequent record of some sort on your file. - if you continue to make payments or settlement which is what i intend to do to avoid ccj as best i can -you seem to be not understanding that when a default reaches its 6th birthday...the debt can never show again...

which is where this quote i found from another forum comes in and the conflicting info.

someone was enquiring about their file similiar to what ive done here and got this response

 

"Basically when the defaults drop off and there have been no CCJs or anything of the sort then all there will be is the notice of record of payments." - total garbage.

 

so there WILL be a record of payments on my file and when the final one is made it will take a further 6 years to drop off my file?

 

 

no what part of post 2 are you not comprehending???

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... 

Link to post
Share on other sites

thankyou for your patience i just have a hard time understanding all this stuff and my constant googling and getting different answers probably dont help

 

i think i understand, please correct me if wrong. so the facts are these...

 

i have a balance of £600 for an old catalogue debt with lowell

default was registered in august 2012, will drop off in august 2018

 

when it drops off in 2 months it will dissapear forever and wont appear in any form whether i dont pay it, make token payments, or agree a full and final settlement?

the ONLY way it could ever reappear is in the form of a CCJ if they decide to go down this route?

it's their discretion?

 

when i am in position to negotiate a settlement or pay in full...

i should keep evidence of this in writing as i won't have any evidence on my credit file to show i've settled the debt?

Link to post
Share on other sites

good you are getting there

 

the debt can never re appear

if you lose the a CCJ will show in the public information/judgement section.

 

however.. I would not be paying a DCA anything without sending a CCA request first

start a new thread on the cat 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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...