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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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Help with response to letters for BPO & BW Legal


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Hi all,

 

After more great advice on top of what I have already received from here.

 

First issue:

I sent a bog standard prove it letter to BPO Collections this month (using template from either here or National debt line).

Apparently they now own a debt from Motormile Finance/Lantern.

 

 

I think I took a payday loan out in 2011/12 with CFO,

who went bust,

debts purchased by Motormile,

who changed names to Lantern,

who have assigned this to BPO.

 

 

It becomes very confusing to keep track of name changes and who owns who.

 

The letter I received back states (amongst the usual twaddle):

 

"BPO collections and Latern do not acknowledge the unilateral terms and conditions and time frames that you have outlined in your correspondence. Nor do we agree to any such conditions or fee schedules received from you in the future"

" Your correspondence appears to be based on forum templates widely available on the internet.

Should you have any concerns about your account then please advise us of these and we would be happy to look into these.

Please be advised that failure to address the outstanding balance could affect your credit file."

"Within your correspondence you have required that we provide you with a variety of information and documents including the names of individuals within the organisation and then names of agencies working on Lantern behalf in terms of your account. There is no requirement for Lantern to provide the documents you ave requested. Nor are the reasons for you requesting this information clear."

"We are unable to supply you with a copy of the deed of assignment as this account was purchased as a part of a bulk of accounts and there fore assignment will hold personal data in relation to our other customers. However, you were sent an email of assignment on 17th May 2018 notifying you that BPO Collections would contact you regarding the outstanding balance on your account."

 

 

What should be my next step?

 

 

they are refusing the prove anything if I'm reading that right.

 

 

I've checked my credit file (3 different agencies) and if there was anything on there from CFO/Motormile/Lantern/BPO it isn't on there anymore.

I don't ever recall paying anything to any of these companies or speaking to them.

 

Second issue:

I sent a Statue Barred letter to BW Legal in regards to a PRAC/PayDayLoans debt.

Again it was from a template from either here or the National Debt Line.

 

 

They have replied back with the following:

"Our client has advised the loan was taken out on February 10th 2012 and the default date was April 10th 2012.

We trust this now concludes any outstanding queries you had raised with ourselves. It is important that you now contact us in order for us to discuss an affordable payment arrangement.

Failure to contact us within 14 days may lead to the following:

Further collections activity or

Further legal action."

 

 

Followed by the usual how to pay stuff.

 

Firstly, they have the dates wrong as my credit file states that it was started on 10/01/2012 and the default registered 1/7/2012.

Secondly they already sent a letter of claim for court action in November last year but never followed it up (I foolishly didn't reply at the time due to ignorance on my behalf).

 

I haven't paid a bean or acknowledged debt.

 

So this is statue barred right?

How should I respond or should I even bother?

I'd like to put something to them that draws the matter to a close,

but I thought the SB letter was meant to do that?

 

Thanking you in advance.

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looks like you sent stupid freeman of the land twaddle letters

 

simply send OUR sb letter [in the debt collection section of out library]

and then ignore them

 

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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