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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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Welcome want to offset PPI against loan subject to failed CCJ Attempt


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Sorry for the long post.

 

I had several loans from welcome in the early 2000s and on the last one i thought had finished and welcome said i had another year to pay and i disagreed.

 

Welcome took me to court in around 2008 and the judge threw it out and agreed with me.

 

I have recently claimed ppi on the loans and it was upheld but i have received a letter stating that i owe over £3000 and the debt was sold to a third party and the money would be offset against the debt.

 

I called welcome and said what had happened at the court and they said they have no record of them taking me to court and the onus is on me to prove they took me to court and i dont have the papers cause it was such a long time ago.

 

I have called the court and they said as a judgement was not made against me then they would have closed the case and also have no record of it.

 

What can i do???

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retitled and moved to the welcome forum

 

sadly regardless to them losing the case they can still offset.

losing a CCJ doesn't prove you don't owe them anything on their books

the debt still exists.

 

they would have to buy the debt back from the DCA

and prove this by NOA

but we've seen this before sadly.

 

have you sent them an sar to prove they have no data?

 

if not do so.

 

were all the loans prior to 2005?

and were they a refinance chain?

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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well if they are saying you owe them money they must have proof

so sar time!!

 

get everything they hold eh?

 

ideally you should never do a PPI reclaim without an sar.

as how do you know the claim is even correct?

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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yes quite typical...

 

were these a chain?

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

then I bet they have not calculated things properly

each time you took a new loan the PPI from the previous one would have had extra interest added to it in the rollover and even MORE ppi added with even more int each time.

 

how did you calculate what you were due back?

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

urm..pers I wouldn't trust them as far as I could kick them.

 

are they lumping ppi refunds prior to agreements in 2005 with stuff after 2005

and if I said FSCS does this ring any bells with what they have written?

 

might be beast to scan up what they have returned with to one multipage PDF

read upload.

 

both prior and post 2005 can be refunded against an outstanding debt yes

but these each come under differing rules

 

they cant just lump all the PPI refund as one lump and say that's coming off a claimed debt.

 

it needs careful investigation

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

read what I said about upload

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

names showing on one sheet ...now hidden

 

write back refusing the offer

enc an sar.

 

this smells

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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