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Everything posted by dx100uk
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the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx
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@shiply - courier has vanished with my items please help
dx100uk replied to eml1980's topic in Postal and Delivery Services
well at least you have a crime ref number to use that to frighten people.. -
Advise on debt I currently hold
dx100uk replied to MANUKI12742's topic in Debt management and Debt self-help
a default cal marker will not remove the debt in 6yrs regardless to whatever you do but as ive said 3 times now the issuance and registering of a default notice does. please get reading up.... dx -
Advise on debt I currently hold
dx100uk replied to MANUKI12742's topic in Debt management and Debt self-help
1. who knows... 2. not the whole A/C vanishes from your file on the DN's 6th b'day ...already carefully explain this. 3.yes 4.already carefully explain this. -
if i remember rightly, long ago in one of the first drafts of the old proposed gov't overhauls, there was a listing of recommended 'charges' that inc wrong reg = £20. some PPC's implemented such changes in advance. then later as it looked increasing likely the new code was never going to be implemented after it's 1st review and another set of codes was to be debated they all quietly revert back .......... dx
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Advise on debt I currently hold
dx100uk replied to MANUKI12742's topic in Debt management and Debt self-help
receiving a default NOTICE (forget simple default cal markers) does not mean it will get sold on... OC's very very rarely do court themselves. if it does you would receive a Notice of Assignment from the debt buyer/DCA. as for reduced payment if it remains with the OC and they issue a DN, no harm in trying but lets get all your ducks inline first. dx -
LC Asset/Link/Kearns Claim Form #1 - Halifax CC
dx100uk replied to Badtimes123's topic in Financial Legal Issues
no default notice to date... -
Letter Of Claim for death of cat now Court Claim received.
dx100uk replied to danyboy72's topic in General Legal Issues
blimey CAG gave all that FREE help over +6mts and +100 posts and they never even bothered to comeback... -
it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. thread title updated dx
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Advise on debt I currently hold
dx100uk replied to MANUKI12742's topic in Debt management and Debt self-help
good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!) once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!). -
Advise on debt I currently hold
dx100uk replied to MANUKI12742's topic in Debt management and Debt self-help
we're here for you. take your time. dx -
Challenging a fraudulent chargeback claim made via eBay/Paypal
dx100uk replied to thewhitequeen's topic in Online Stores
then the who thing cannot have anything to do with paypal then, they cant be involved at all. chargeback fee? from whom never heard of that one either. ebay/paypal must have changed their T&C's again then since the demise of brexit and EU agreements. i can only assume he paid paypal, who acted solely a payment intermediary, to buy your trainers from ebay. and ebay added a £14 processing fee? thats unlawful hence their refund. i dont think there is anything you can do here sadly. classic ebay scam that goes back +30yrs. just now rejigged for the 22nd century. typically it only resulted in an unenforceable paypal balance that you simply walked away from... but now ebay has obviously tightened up on losing out to these scammers and added an unlawful fee to scrap some of their historic losses back. -
Advise on debt I currently hold
dx100uk replied to MANUKI12742's topic in Debt management and Debt self-help
please refrain from posting blocks of text...use sentences and line spacing .... i notice your 1st post had been spaced and ive done your last three.... this is not facebook....its a forum. ........... it does not matter how long BS takes i would cease payments now and a DCA is NOT A BAILIFF. they don't own your debts so can do NOTHING!! slow down and calm down , 4 post in 5 mins is no good. Debt management and Debt self-help - Consumer Action Group click the above link and go read a good 20+ thread in the above forum and all your questions will be answered if you have any outstanding then please post with them later. everything is explained in numerous threads already here for you to understand at your own pace. there is not rush to do anything today or the next 10days bar simply stop paying. though as explained in my last post, whichever way you go not paying will equal a default which will trash your credit file for 6yrs so the quicker you stop the quicker they will vanish . dx
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