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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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DSAR Vodafone + DCA / CRA's


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Hello

 

I SAR'd VODAFONE for a debt that is on my credit file that i believe is not mine.

 

I asked for SAR but they are asking for proof of my ID and address etc.

 

I have only ever lived at one address, i told them that the credit file and the information they have put on the CRA's is the same as the address they are sending the SAR, but now the time has elapsed for them sending this to me.

 

I don't want to send them any ID as I know they don't have my ID and won't send me any contract or nothing.

 

There also sent it to a DCA, and I SAR'd them, they said its taking longer than expected, outwit the time limit and said will get back to me in a month or so

 

- probably because they don't have any information from vodafone cos the contract and debt is not mine.

 

Can anyone help me out?

Edited by dx100uk
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thread moved to the telecoms forum..its matters not your are in Scotland.

 

send voda a copy of your CTAX bill.

they are entitled to something.

 

even though your are in the same address.

 

has this been SOLD to a DCA [ie they now show on your credit file]

or only chasing whereby voda are still named as the DCA's client on their letters?

 

whens the default from?

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, I will send them a bill and see what happens.

 

In terms of the default from VODA - Lowells bought it, they put the default on, when I DSAR'd them, they came back saying they can't comply and need more time as they are busy! . They probably have zero information from VODAFONE and just put a default on because they can.

 

All 3 CRA;s lettered, response was that their clients information is correct.

Edited by dx100uk
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debt buyer cannot default a debt.

only the OC's can.and they would have done that upon sale.

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 it is showing on my credit file as a default by Lowells. When I SAR'd them, they came back asking for info, then a week later saying due to the amount of requests it will take them a little longer, so I am still waiting.

I will write to them stating as such and unless they remove the default or comply with my SAR, I will take further action. Can I take them to a small claims court and ask the judge to instruct them to remove it?

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They did not file the default the OC did as they must when they sell a debt on

The buyers name then replaces that of the OC on your files

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

we seem to be deviating from the main point. It is your contention that this is not your debt. Have you ever had a VF account? If not then Vodafone-not Lowell could end up in trouble

 

VF are very strict on releasing data and I'm afraid an old council tax bill won't be enough. For them to release data they will want proof of ID, proof of address and an old utility bill as well as a new one (this helps confirm how long you have been at the address)

 

If you fail on any point they could rightfully refuse but on the other hand, if you did provide proof and they still refused by saying you had supplied incorrect proof then that starts the ball rolling on getting VF to acknowledge they have the wrong person. Once it is confirmed they have the wrong person, they are then open to a claim for accessing personal data without good reason. They are obliged to get their facts right before a debt sale unless Lowell have done the search and got it wrong.

 

As for Lowell, they didn't place the default, VF did and when it was sold to Lowell, they just replaced the VF name with their own (which is legal as they now own the debt) If you are 100% this is not your debt, you should write to Lowell (never ring them unless you can record the call) telling them that this is not your debt. As mentioned above, if it is Lowell that have searched to Credit Reference Agency files and got the wrong person, they are open to a claim.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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