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Newbie21

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  1. As predicted many forums have this question posed today The vague demands beg to be ignored and am awaiting the next letter from Equita. No date No time No location No photographic images No date of when 'recent' letter was sent Burden of proof is with ParkingEye and as haven't passed any to Equita, is a def ignore for now (for me) because how expected to pay up for vagueness? Perhaps seeking another test case to gloat some more if successful in pulling this mass mailing off. Sent complaint to britishparking.co.uk about this tactic. With inbox full of this type of complaint doubt will be able to get back to me for now.
  2. Good intentions Armadillo71, however I think too late for Morrison to do anything with the harassment (unless work to a 2yr+ complaint schedule) as they 'employed' Parking Eye and hoping cant help at this stage in my view Then again I could be wrong.
  3. Same thing got through post today (8 Dec 2015) too! Parking Eye and Equita are in for a very very very very (did I say very?) profitable 2016 with this scrapping of the barrel tactic! Find it strange was unable to give me any warning that passing to Equita after 2 years, 8 months and the other 2 years, 4 months. Yep! Received two collection instructions from Equita in the post today. After speaking to Equita today (had no idea what the charges were for as there was no reference to date, time or locations x 2) and the fact they made a point of referencing the Beavis case in their letter, I am seeking advice on what to do as I think bailiffs will be arriving at some point if dont pay and if they do means added 'charges'. (Not that got any assets to take anyway ) Say this because you have to bear in mind, letter NOT from Parking Eye. Means dealing with Equita; who referred me back to Parking Eye as "just following instructions", meaning only Parking Eye or court can cancel these demands. This tactic of over 2 years+ with no further communication then passing on for collection is unreasonable to be accepted sitting down Whether doing it to get even more out of the Beavis case and gloat, there has to be some reasoning behind this and not just profit. Got to find out whether is legal or just plain out and out illegal bullying. Am certain more will be adding their similar story here over coming weeks. BTW: This recognised website shows which ones do and which ones dont proceed to court
  4. Just read that the OFT, as we know it, is splitting it's workload More information found here on the OFT's website
  5. and their solicitor too! The OFT found evidence of misleading and unfair practices in the businesses' operations, including: *sending debt collection letters which misrepresented debtors' legal position *misleading and otherwise inappropriate behaviour by HFO and Roxburghe agents during phone calls to debtors *failing to properly investigate disputed debts *failure to respond appropriately to the concerns of regulators, including the OFT. More info on the OFT decision and the DCA's appeal date can be found here on the OFT website
  6. Thanks for this reminder Michael Used the Immobilise website in the past for my mobile phones and now gonna head over to register my tablet
  7. @ Joeomahoney Reading your thread, made me think this may be a case of ID theft It seems once postal redirection stopped, an occupant in your old house received your renewal card/statements and began using it or assumed your ID using postal info still going to address since 2004 This is a clue the account was active until the limit of £1800 was reached and as Barclays got no replies on their repayment requests, they sent a default notice With no response they sold the 'debt' to a debt collector As forum members, we know that debt collectors used their tracing powers and 'found' you at your new address to ask for payment AND we also know they didn’t buy the outstanding balance for a price tag of £1800 but that’s what they want you to pay them! Pah! If my scenario is correct, proving it was not you should be easy as you have proof you're no longer at that address even though post from Barclays was still being delivered there However, problems may arise because a) Not informing Barclays that you had moved, you may be in breach of your Barclays Customer Agreement See page 2 Section 2.1 Contacting Each Other (Yes you believed account closed, Barclays says otherwise) and b) the outstanding balance is in your name Additional proving of ID theft can be when you look at the statements, that they send you following your request, where you can show it's not your usual shopping habits, places, timing etc etc Then again, I could be wrong! I am not a debt advisor, don't work for Barclays just giving my take on your question and another angle to look at your situation
  8. @ amac31 Similiar to the ConsumerAction info regarding SB, and what Brigadier2jcs, ScarletPimpernel have said, an unsecured debt becomes statute-barred after 6 years in the UK from the date of last payment or acknowledgment and a secured debt is after 12 years. With a defaulted UK unsecured loan, the creditor cannot use the UK legal system to enforce payment and to reflect this, the debt ‘disappears’ from a credit file from date of last payment + 6 years. However, the debt (loan minus payments made) still exists and the creditor can therefore still chase for payment only the chasing will not be legally recognised (creditor/debt collector can’t use UK Courts to force you to pay and have to use persuasive tactics instead i.e. letters asking for payment) The thing is though, to continue chasing after 6years (statue barred) has passed is frowned on under the Consumer Protection from Unfair Trading Regulations 2008/Office of Fair Trading Debt Collection Guidelines (more info found here in this OFT Debt Collection Guidance PDF (TIP: Statue barring info starts on page 36) I am mystified why it has dropped off your credit file 'early' because I’m wondering where your payments have gone/were going and yet that may be the reason why they dropped off - payments never showed on your files (so looked like 6yrs of no payment activity) Shhhh!! Say nuffin! If no CCJ is issued within 6 years from the date of your last payment, it would be frowned on by the Courts and questions asked why the creditor wishes to apply for one AFTER the default expiry date. Should this occur, you can apply for it to be set aside (dismissed/cancelled) Note that a CCJ can be issued anytime during the default's existence (date of last payment + 6 years passing) However, as your default appears to be off your credit file (since Nov 2013), it is very doubtful that one will be issued. More on CCJ’s ins and outs are found on the TrustOnline website and relevant ConsumerAction forum posts I do think that organisations such as StepChange are still best to advise you or forum members who have experienced the same as you, or those members with more debt knowledge than me though
  9. I’m not a debt adviser however, I believe that when a debt is passed on, the new owners registers the debt so that it appears on a credit file to reflect the update. Similar to selling a car in the UK – the keys and paperwork are passed to the new owner and the DVLA is informed – therefore it is kinda ‘re-defaulted’ whether payment made or not and stays as a ‘re-default’ until satisfied (paid in full) or not acknowledged (no payment made within 6years) Another way to look at my reasoning is like this (using the same car analogy): The original default notice (car first registration) is only issued once and yet the car can have several owners (keys and paperwork transferred again and again) who by Law inform the DVLA (credit reference agencies) that they are the new owner. Also ‘re-defaulted’ shown so that debtor knows who to make payments to I came to this conclusion because reading another forum post, I learnt that a default disappeared and reappeared under another debt collector’s name - evidently debt was sold on
  10. @ amac31 I'm confused You say there were two defaults, then one and now neither show up on your credit file. You also say you last made payments 3 years ago but can't recall Did you stop making payments 3 years ago because they were still on your credit file or stopped paying because no longer showing up in 2011? (3 years ago) What year did you notice that they were gone from your credit file?
  11. @ amac31 Suggest you look at your current credit file details or past bank statements to get the exact date of your last payment. If 6years has not passed from last payment, one reason for this I have read, is that the default entry seem to have disappeared then reappear when sold to another debt collector. The only way to check is to refer to at least 3 credit file data periodically as some agencies have more data than others. If after 6months, let's say, it doesn't reappear then it may indeed be truly gone Saying that, one dropped off my credit file early last year and hasn't re-appeared yet (if at all) and this is perhaps because: 1) amount too 'low' (£132 - dispute with a mobile phone company for a non-existent contract) to pass on anymore for attempted collection (it has had 3 debt collectors assigned to it so far) and 2) this year it becomes statue barred Similar to what reallymadwoman has said, the date of the last payment is when the 6yr clock starts. Note though that the clock restarts, "if the debtor acknowledges the debt in writing or makes a part payment" For more info on statue barred status, you can look at this HMRC webpage: Law relating to debts: statute-barred debts Also the StepChange website provides professional debt remedy advice in more depth than I can give you and suggest you take a look at their website
  12. Nope! Appealing effectively places your case on hold until you receive a reply You can see posts in this forum on the CCTV PCN procedure in more detail or the actual Council's website Unsure whether it was a Southwark or CityOfLondon council where the alledged contravention took place, so here's CityOfLondon website and here's Southwark website Search those webpages for the relevant bit of payment deadline info you seek For even more info, check the TfL's website too Another viewpoint (if got time and energy) is querying the legality of the CCTV PCN wording Search this forum and similar for more on this The gist is you could argue on the PCN's content ie is the words 'will' and 'may' used incorrectly making the PCN contradictory | whether the camera was authorised to capture your moving vehicle (as seen in the news recently Some cameras captured vehicles illegally) | was it issued under the correct Act etc etc therefore negating the PCN? You can also telephone them and clarify points you may be unsure eg what is your new deadline date? The Council reps that I've spoken to have being mainly helpful Don't throw in the towel just yet!
  13. Go for it and give us an update on how you got on (helps other members/readers) I referenced that case, and as you saw even though it's not the bus lane in your PCN, it is a similar bus lane success case. Zoe
  14. Awwww... Even if I said "pretty please??" That's why I had the dinner smiley at end of the court case sentence: Chew them up and spit them out! Must say that Nutsville website link you posted had me in stitches Thanks for letting me know about it! Will be referring others to have a read too... Zoe
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