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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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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Late payments/Arrangement to Pay - Removal from credit file


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Hi guys,

 

I have the following on my Experian Credit record:

 

Lloyds Credit card - 1 late payment - Sept 06

Barclaycard - 1 month late - Jan 06

GE Capital Store card 1 - 1 month - Oct 06

GE Capital Store card 2 - 5 months of lates - Jan - Jul 06

Shop Direct Catalogue - 5 months of lates and Arrangement to pay for

May to Aug 06. Account settled and closed in Sept 06, but £355 showing in Delinquent balance.

 

NTL - 9 payments 1 month late, 4 payments 2months late, 9 payments 3months late for 2003 and preceding years.

 

I have NO CCJs. But I have had loan applications declined.

 

Question is can these late payments/arrangement to pay be removed from

my credit file ?

 

 

 

Thanks,

 

A

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Im guessing that your problem is the delinquant balance from Littlewoods. Have they registered a default on the account?

 

How did you close the account even though there was a balance still on it? Did you make a partial payment to satisfy?

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Im guessing that your problem is the delinquant balance from Littlewoods. Have they registered a default on the account?

 

How did you close the account even though there was a balance still on it? Did you make a partial payment to satisfy?

 

 

Thanks for getting back to me RRodders! Was beginning to wonder if any one out there would help. Cheers.

 

There is no default registered on my credit file by Kays Lifestyle (Shop Direct), but that the account is under an Arrangement to Pay. I paid off my last balance in November and the account is now fully settled.

 

So my question is that is it possible to get these arrears indicators removed from my credit file for both currently active accounts and for closed/settled accounts (such as Vodafone which I closed on 6/3/05 but still shows up on my credit file)?

 

Your advice will be most appreciated as I am keen to improve my credit record ahead of a full mortage application.

 

Thanks,

 

Abs.

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  • 4 months later...

A County Court Judgement results from a court action by a creditor (a person or company to whom you owe money) that says you have failed to make payments on a debt to them. The County Court will make an order that you must repay the debt and this will then be listed on your credit record. In Scotland a CCJ is known as a “Decree” and are issued by the small claims and summary causes sheriff courts.

All judgement, decree and administration order data is supplied to the credit reference agencies by Registry Trust Ltd., the non profit organisation that operates the registry in the UK: http://www.registry-trust.org.uk

If you receive a new CCJ, you have one calendar month in which to pay the amount in full before the CCJ becomes registered. If you are unable to pay the amount in full straight away you can pay it at a later date. However even paid CCJs will still remain on your credit record for 6 years but potential lenders will be able to see that you have paid the debt. If you have paid your CCJ you should apply to the court where your case was heard for a Certificate of Satisfaction. This will cost you £10.

 

default notice

 

If you have a personal loan or credit card and you fail to make the payments the creditor must issue you a “default notice” before they take legal action. A default normally occurs when the terms of a credit agreement have not been met and the account is 3-6 months in arrears. Under the terms of the Consumer Credit Act of 1974 the default notice should state:

  • Name and address of the creditor issuing the notice and your name and address
  • The type of the agreement and details of how they think you have breached the agreement
  • An early settlement figure
  • The actions that you need to take to comply with the agreement
  • The next action that the creditor intends to take in the event that you can’t comply with the agreement. Usually you will have at least 7 days to comply.

The creditor can start court proceedings if you do not comply with the default notice and this can lead to the registering of a County Court Judgement. The default will be registered on your credit file and will show the date that you broke the relevant term of the credit agreement, the amount owed at the time the term was broken (the default) and the amount still owed to that account. This will remain on your credit file for 6 years.

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