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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • 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...  
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Lowells / Cap One - Admit Defeat??


phatboy130
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Hi All,

 

I wondered if anyone cared to comment????......

 

Both my wife & self recently received letters from Lowells relating to a Cap One credit card (the one with the £200 limit), from about 4-5 yrs ago (have checked to see if it's statute barred but not long enough yet).

 

We had the usual couple of follow up's along the lines of "oh - you must contact us" etc etc.

 

So I did the usual & CCA'd them on both counts last week.

 

So today, whilst I received the pretty usual one of "We'll try and get the agreement but can't say how long it will take, we'll write back soon", my wife received one back, with the £1 PO, saying "after further investigations, we are sorry that we have made a mistake, you aren't in fact in debt with us" or words to that effect.

 

Seeing as she did have that card, any comments as to why they have said this?? Does anyone think it's a cover up for not being able to produce a CCA, (they only signed for the CCA request on Thursday last week), or that it's a lucky mistake, which they may or may not pick up on??

 

Either way we're not bothered, just curious as to what maybe more experienced members may think :)

WON - Lowells (Cap One) Case closed as "Not commercially viable to continue collection activity"

 

WON - Capquest (Littlewoods Catalogue) Case Closed, No Credit Agreement.

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let sleeping dogs lie is what springs to mind, make sure you keep the letter tho for future use should you need it !

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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I have no idea, but Lowells couldn't find my Cap One agreement either. They wrote to say they were still looking but that was several months ago. I would suspect that they can't find your wife's CCA which amounts to the same thing - no CCA - no debt - but have just been rather honest about it - maybe there is a new person in the typing pool.

 

Whatever the reason - it's good news which we all love to hear:D

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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They've obviously paid some attention to the Trading Standards reports about chasing debts without a valid agreement, or in this case none at all.

 

About time rather than saying "we can't find it but you still owe us" which is what they used to do, allegedly ;)

Be VERY careful whose advice you listen too

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Thanks for your thoughts guys.

 

I just thought it a bit odd that in my case, I got the usual "we'll try and get the OCA & will be in touch soon" type letter, but my wife got her "opps sorry we made a mistake , she don't owe us" one LOL.

 

Like you said tho, her letter is put away safe complete with the returned £1 P.O. :lol:

WON - Lowells (Cap One) Case closed as "Not commercially viable to continue collection activity"

 

WON - Capquest (Littlewoods Catalogue) Case Closed, No Credit Agreement.

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Clownells bough a shed load of OLD Crap One debts but unfortunately for them:D all they had to prove the alleged debts were **** poor photocopies of application forms which were totally unenforcable causing Clownells to back town when their threatomatics and silly yellow postcards and threats of bankruptcy failed to intimidate people into paying up:D

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