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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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3 Years and nothing paid! Any advice?


happydj
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Hello

 

I was extremley bad with my money (and still have trouble with managing it) however I am trying to get back on my feet as soon as possible. However recently I have had some very shocking news and to be honest - I am panicing, I am very depressed about money even to the point of doing something horrible.

 

Here is my story,

When I turned 18 I got a loan for £3000 from HSBC. I was making regular payments until I lost my job and found it difficult to get another one. Anyway, I wrote to HSBC informing them I was in trouble and asking if I could pay off £40 per month. I also asked to close the account because I didnt want to get into any more debt. They said I couldnt close the account because the loan was attached to it, so they told me not to use it, pay in the £40 per month and they would pay the load payment of £38 (leaving £2 in my account each month).

 

I then joined the armed forces and was stationed in Germany. My father paid in £40 every single month in cash without fail. I had no direct debits or anything on the account (no bank card, chequebook etc etc) so I KNOW there was nothing coming out of that account.

 

After just under 3 years, I came back to the UK and realised my payments to HSBC should be finished (if not very nearly finished) and so I called them to ask if everything was ok. I could not be further from the truth.

 

Apparently, I had been charged for something a long time ago, and I recieved bank charged which took me overdrawn (this is what I can gather) the monty that was paid into the account did not cover these bank charges and as a result, got more bank charges. This went on for years without them sending us any letters or telephoning us. As a result of this I am now over £550 overdrawn, and my loan is up to over £2000 because of late payment fees etc. They phoned me and told me I needed to pay at least enough to cover the overdrawn amount into my bank account within 7 days or they will take me to court for CCJ. I told them I thought I was paying, I thought everything was fine, I never recieved any letters, phone calls or anything about there being any sort of problem. One of the people that called (I have had a few) looked into it and said they dont know why I never recieved anything - and the rest of the people have just said that I have been sent statement and telephone calls - to which I replied I had, but only AFTER I contacted them asking how much was left to pay!!! They were very snotty and just told me to pay the money or I will get a CCJ.

 

I have NO idea what I can do! Have I just wasted £40 per month for 3 years (over 3 years now!) I dont know what to do! If anyone knows about any way at all in which they can help me could you please let me know - they are on my back every day now - but I am in debt as it is and trying to pay everyone back!

 

Thanks to ANYONE in advance for any advice you can offer

 

Thank you very much

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Hello

 

I was extremley bad with my money (and still have trouble with managing it) however I am trying to get back on my feet as soon as possible. However recently I have had some very shocking news and to be honest - I am panicing, I am very depressed about money even to the point of doing something horrible.

 

Here is my story,

When I turned 18 I got a loan for £3000 from HSBC. I was making regular payments until I lost my job and found it difficult to get another one. Anyway, I wrote to HSBC informing them I was in trouble and asking if I could pay off £40 per month. I also asked to close the account because I didnt want to get into any more debt. They said I couldnt close the account because the loan was attached to it, so they told me not to use it, pay in the £40 per month and they would pay the load payment of £38 (leaving £2 in my account each month).

 

I then joined the armed forces and was stationed in Germany. My father paid in £40 every single month in cash without fail. I had no direct debits or anything on the account (no bank card, chequebook etc etc) so I KNOW there was nothing coming out of that account.

 

After just under 3 years, I came back to the UK and realised my payments to HSBC should be finished (if not very nearly finished) and so I called them to ask if everything was ok. I could not be further from the truth.

 

Apparently, I had been charged for something a long time ago, and I recieved bank charged which took me overdrawn (this is what I can gather) the monty that was paid into the account did not cover these bank charges and as a result, got more bank charges. This went on for years without them sending us any letters or telephoning us. As a result of this I am now over £550 overdrawn, and my loan is up to over £2000 because of late payment fees etc. They phoned me and told me I needed to pay at least enough to cover the overdrawn amount into my bank account within 7 days or they will take me to court for CCJ. I told them I thought I was paying, I thought everything was fine, I never recieved any letters, phone calls or anything about there being any sort of problem. One of the people that called (I have had a few) looked into it and said they dont know why I never recieved anything - and the rest of the people have just said that I have been sent statement and telephone calls - to which I replied I had, but only AFTER I contacted them asking how much was left to pay!!! They were very snotty and just told me to pay the money or I will get a CCJ.

 

I have NO idea what I can do! Have I just wasted £40 per month for 3 years (over 3 years now!) I dont know what to do! If anyone knows about any way at all in which they can help me could you please let me know - they are on my back every day now - but I am in debt as it is and trying to pay everyone back!

 

Thanks to ANYONE in advance for any advice you can offer

 

Thank you very much

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I think the whole lot is recoverable.

 

Try amending the standard letter in the library and add a paragraph near the top stating that the whole debt has been caused by one charge that has spiralled.

 

If they persist in charging it, then you will have no choice but to start legal action for recovery.

 

First though, get another bank account - they may well turn nasty when they realise that they are not going to get their money and close your account calling the 'debt' in.

 

However, do not pay it, if they add the details to a credit agency, you can demand that they remove it when they attempt to settle out of court, or when you win in court you could ask the judge to order them to do so. I doubt this case will get anywhere near court to be honest. There is no way on earth that there was any human intervention involved and so to claim that it costs that much to do nothing is just ludicrous; and they know it.

 

Thanks very much for the advice Dave

 

I will do that and post the letter on here in the next 48 hours (because im at work) then upon approval, I will send it registered post.

 

Thanks

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I think the whole lot is recoverable.

 

Try amending the standard letter in the library and add a paragraph near the top stating that the whole debt has been caused by one charge that has spiralled.

 

If they persist in charging it, then you will have no choice but to start legal action for recovery.

 

First though, get another bank account - they may well turn nasty when they realise that they are not going to get their money and close your account calling the 'debt' in.

 

However, do not pay it, if they add the details to a credit agency, you can demand that they remove it when they attempt to settle out of court, or when you win in court you could ask the judge to order them to do so. I doubt this case will get anywhere near court to be honest. There is no way on earth that there was any human intervention involved and so to claim that it costs that much to do nothing is just ludicrous; and they know it.

 

Thanks very much for the advice Dave

 

I will do that and post the letter on here in the next 48 hours (because im at work) then upon approval, I will send it registered post.

 

Thanks

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  • 13 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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