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    • Aesmith - Thank you for your recent interest in my issues.  Input on people's topics can be most useful from specialised experts or those that have similar experiences.  Some people really struggle with knowing what to do (I certainly do) - so it is most useful and helpful and reassuring when solid sensible advice is offered.  I have found there to be some very kind, helpful, supportive and legally knowledgeable people here on cag over the years - who give sound legal advice for people to roll up their sleeves and follow up on.   Of course, sometimes it can be quite challenging sifting the wheat from the chaff.  I don't have lawyer or barrister.  I sometimes attend pro-bono legal clinics for help.  And sometimes have access to barristers via a pro-bono service called Advocate.  Both ad-hoc. Pro-bono means 'free'
    • The Judge was wrong. The keeper is only INVITED to say who was driving, there is no obligation for them to say.
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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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DMP to full and final? - been with StepChange for 10 years


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Hi,

I’ve been on a DMP with StepChange for 10 years and have never missed a payment.

I still owe 12k but have been offered 5k by a relative.

 

What are my chances of getting this accepted as a full and final settlement?

 

The companies and amounts involved are two accounts owing

5k to PRA,

one with 1400 to Link and

one with 700 to Westcott.

 

Only the Link debt shows up on my credit file.

 

Advice appreciated thanks.

Edited by dx100uk
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why oh why have you been blindly paying powerless DCA's for 10yrs without questioning the enforceability of the debts?

 

use our search cag box in the red top toolbar

and type in

 

DCA cash cow.

 

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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OK, thanks for the reply.

 

In answer to your question,

I have been paying for ten years because the DMP with StepChange helped to get me out of a very bad place and I have had no desire to go back to being hounded.

 

That said, a decade has now passed and I want to fully move on with my life.

So, is your advice to request CCAs and, if they’re not forthcoming, to stop paying my DMP?

What if they can provide them?

 

And what about the Link account that shows up on my credit file?

My score is ok now and I don’t want to jeopardise that.

 

Sorry for all the questions

- this is the first time I have considered doing anything other than “blindly paying”.

Edited by dx100uk
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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

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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The Link debt would have defaulted with the original lender but it shows up on my credit file as an active and up to date account which began in 2015. This is what concerns me about stopping paying.

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if it was defaulted it must state that date in the summary.

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

LINK have a habit of adding their name to your credit file,Assume you paid through Stepchange (10 years) the original creditor before it was sold to LINK the original creditor (at a guess Barclaycard) if this is the case LINK should not be adding anything to any credit file,the default was issued way over 6 years ago

 

FS

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ring BC and ask what date they defaulted the debt and sold it to plink.

they cant [well very rarely] sell a debt on without defaulting it.

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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You may find that Barclays did not issue a default they are guilty of this often, according to the ICO they are required to do this prior to selling a debt.As dx100uk states,phone them (Barclaycard) to determine if they issued a default, if not you will probably find they will issue a default dated 3 to 6 months after you got into debt with them,

FS

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OK, thanks to you both. In the meantime I am sending CCA requests to all my creditors to see where that gets me.

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