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    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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Cabot trying their luck for a very old debt! Help required please


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Hi all,

I have for the past few months been in dispute with Lowell regarding an old Studio account,

 

now because they now have confirmation of where I live

- they seem to have linked a really old account from Cabot (this was an old Barclays overdraft from over 10 years ago) which i'm sure we haven't made contact or payment on for well over 6

- however i can't be 100%. Is there a way of finding out for definite?

 

The first letter went along the lines of 'now we know where you live blah blah - you owe £***'.

 

Two weeks later another letter arrived saying we will accept £55 to clear the balance lol

- why would they do this?

 

is it because they know the debt is unenforceable and are out for any amount?

 

The debt doesn't show on any credit report.

.. what's the best course of action?

Thank you in advance

 

M

Edited by dx100uk
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You shouldn't be running away from debt

You run the risk of backdoor ccj'sif you dont update debt owners with your current address

 

Send 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... 

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Hi

Sorry I probably mislead there

– the letter read as if they now have confirmation of where I live…

we are certainly not running away from anything,

we have lived at our current address for a long time.

 

This is just an old debt, so old I can’t recall when we last made a payment and I just wanted to know where we stood legally

i.e. is it possible to find out when the last payment was made,

would a CCA request apply to a Barclays overdraft?

 

Thanks

M

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no this is about a cat debt.

 

were you at this Address when you too it out?

have you sent any letters to them or the OC from where you live now

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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Sorry dx - this is the Barclays overdraft account, the original account was the cat debt (i was just explaining how the two are linked). We weren't at this address when we took it out but have communicated with them since we've lived at this address - it's just a long time ago.

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you have written from that address?

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

I’d need to double check to be 100% but I’m fairly certain due to the length of time we’ve lived here.

 

Coincidentally I arrived home today to find a letter addressed to myself

- the initial one I mention here is in my partners name.

 

I also had a Barclays overdraft (was passed from the Woolwich - I never actually banked with Barclays!) and I’ve received a similar letter so it may just be coincidence.

 

Either way the debts are both originally Barclays now being chased by Cabot Financial, and both are extremely old.

 

The last time I recall paying is 2007 but I do remember communicating with them since then, it’s just been so long obviously and I didn’t expect to hear from them to be honest. I guess you should always expect the unexpected...

Edited by dx100uk
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Unless that communication was more recent than 2012 and an admission that you do indeed owe them the money it wont be relevant.

 

telling stories on behalf of other people as being in the first person then adding further stories that are about you does cause confusion so how about a proper timeline for the event, so I had an overdraft that I didnt pay off in 2007 or my partner had an overdraft......

 

then say in about 2010 I/he wrote to barclays...... on the xth of sept 2018 I/he got a letetr from caot stating....

 

if you have also had a letter about a different debt then keep that separate and create a timeline for that in a new paragraph

 

.By all means number them so we know that debt 1 is partners from catalogue , debt 2 is yours from barclays and so on.

 

They will all be slightly different even if Lowells are chasing them all

Edited by dx100uk
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Hi Ericsbrother

I'm so sorry - i really didn't mean to confuzzle anyone, it all seems to make total sense as i'm typing. I genuinely don't mean to annoy anyone - i so appreciate your time and advice even more.

 

So here goes - firstly:

#1 - this debt is in my partners name and the letter is from Cabot (I initially thought that they were linked to Lowell - and now i can't work out how to edit the thread title) this relates to a Barclays bank debt which was originally an overdraft on an account he no longer used after bank charge reclaim in 2007, he was trying to repay this initially but we relocated up country and hit hard times so unfortunately had to stop making payments.

 

#2 - this debt is in my own name and the letter is also from Cabot, also relating to a Barclays bank overdraft debt for an account which was no longer used after a bank charge reclaim in 2007. Repayments similarly had to stop when we hit hard times.

This evening I have actually found the original notice of assignment from Barclays which shows that they sold the debt to Cabot on 08/04/2011, I have the letter from Cabot to say they purchased it, and the debt amount is the same on the 2011 letter as it is on the 2018 letter which proves that no payments were made in that time as i suspected.

 

I can't however locate the same paperwork for my partners account but i'm pretty certain its the same scenario and that no payments were made either.

 

I'm also rather puzzled as to why they wrote to say they now have confirmation of our address - i found letters this evening dating back to 2013 so they have had our address all along!!

 

So where do i go from here? Are the debts too old for them to pursue?

 

Thank you again and sorry for the messy posts :-(

 

M

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was this a joint account?

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 #1,when did he stop paying?

#2 statute barred so they can go whistle

what do the letters from 2013 say and which account do they relate to? If they acknowledge recipt of payments then that account is not SB Telling us about this under the heading of #1 or#2 would have made it clear rather than leaving us guessing what you are referring to again

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Hi again,

 

In response to dx - no these are two completely separate accounts...

 

In response to Ericsbrother -

#1 - I can't be 100% certain but I am fairly sure he hasn't made payment for well over 8 years, I will have another dig for paperwork this evening but i am pretty sure because we wouldn't have been able to pay one without the other. The money we had from bank charge reclaim went on relocating so we didn't even benefit as such from that really.

 

#2 - The letters from 2013 are addressed to myself (sorry i didn't add the detail before :-( i'm not doing very well am I) - and oddly says ' Cabot has recently bought the account, etc, please contact us asap to arrange payment', I received 2 of those and heard nothing more until now.

 

Do i need to send a letter regarding it being Statute barred? I don't want them adding this to my credit record all of a sudden :-(

 

Please let me know if you need any more info and i'll try to be clearer.

 

M x

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they cant add it

the OC defaulted the debts years ago and they have been removed

 

send them our SB letter from the debt collection section of our library then.

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

Cant hurt

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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