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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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jellybabe vs Littlewoods Flexi


jellybabe
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Still not received any statements, but then, they still have until the 02.08. to supply them.

 

Nor have i received my CCA yet.

 

..sent request on 11.06.

..£1 credited to account on 13.06.started counting 10+2 days after that.

..Littlewoods is therefore in Default.

..am i right in thinking that Littlewoods commits a criminal offence on the

25.07.?? And they can not enforce anything without the courts after

that date??

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ukaviator?Are you around??

Thanks again for that letter, it has been sent off on the 9th July.

Haven't had a reply yet.

There 12 days + 30 days runs out on the 25th July.

I have stopped paying them. But after reading a few threads about it, am very scared now.

I am aware that they will probably issue a default. Would it be advisable to offer lower payments until the dispute is resolved, or should i stick to my guns?

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Hi jellybabe just had a quick read of your thread from my knowledge of Littlewoods they will not have any agreement if your account was started before middle of 2006. They will send you a blank agreement(maybe with your name and address printed on it) and some goblede gook about this is a copy of agreement we sent you bla bla bla. Then you know they have no agreement. Then it's up to you if you pay or not, I use the rule if they have treated me with respect then I will treat them the same, of my creditors 3 had properly executed agreement that had to be paid, one had an unenforceable agreement but charges and interest applied to the charges were greater than the account balance so I reclaimed them. Three treated me like rubbish and had either no agreement of unenforceable agreement so I stopped paying. There was also one creditor that treated me with respect and due to this even though they had no agreement I paid off the debt with then.

 

 

all the best dpick:)

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Thanks dpick,

I will wait and see what my statements say then, once i receive them.

They have until the 02.08. to supply them.

Just hope they don't default me until then.

 

 

Hi a default and no agreement is a no no.

default where the value contains charges and interest with no agreement to allow is a no no as per FOS my claim.

 

dpick:)

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Thanks dpick,

i think you can tell how scared i am from getting a default. I know they shouldn't, but they will certainly try to get away with it, won't they?

Not sure what to do if they default me (even though they shouldn't), but it might be best not to think about it until it actually happens.

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Thanks dpick,

i think you can tell how scared i am from getting a default. I know they shouldn't, but they will certainly try to get away with it, won't they?

Not sure what to do if they default me (even though they shouldn't), but it might be best not to think about it until it actually happens.

 

I know this is not much of a guide but Littlewoods put two defaults on my wife's CRA file used two different id's Legal direct rec's and Littlewoods finance though they are both the same Littlewoods finance Ltd. I reported this to FOS they advised Littlewoods to remove one even before investigation began and they have now recommended that Littlewoods remove the second after investigation.

 

dpick

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Right then,

Today i received my CCA and it seems to be eligible.

I think i will draft a letter up saying that i will start paying again, but that the account is still in dispute due to the charges levied on there.

They still haven't complied with my S.A.R. and i might just remind them of this within the letter. I wonder if i stand a chance of sending reduced payments until the dispute is resolved??

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Hi Jellybabe

 

I'm still about, zipping around all over the place, how are you getting on?

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi ukaviator,

Thanks for dropping in. I have received all my shop direct statements. Am in teh process of doing my prelim right now. The thing i'm a bit worried about is, all my statements and stuff came in a big envelope not sufficiently closed, just a little bit cellotaped. the post woman left it on the side of my door and the envelope was opened. Is this anything i have to report somewhere?

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Still not sure what to do about receiving my S.A.R. details in an open envelope?

Nevertheless, got my prelim printed ready to go tomorrow.I'm after £437.59, that includes contractual interest at 35.9%.

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Hi Jellybabe, are you charging interest straight on top of the £437.59 or are you going through the spreadsheets?

 

When I wrote mine for GEmoney I did it on paper, adding the charge and then interest soley on this charge for the months till the next charge, adding this then interest on top again. I used around 30% but then divded it over 12 months working oiut the monthlky interest. On 3 accounts totalling £318 I seperatly worked out the interst and came up with a total of around £60. Would you say this is fair and reasonably accurate?

 

I sent off my Sar to littlewoods and they just added the £10 to my account. Do you think they would have read the letter at all?

 

Think we are in this one together lol.

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Hi Karen,

Sorry, not sure about the interest calculation (but it does sound alright), i'm doing it all by spreadsheet. So much easier for me.

I've got seperate accounts with shop direct, but i'm going after them seperately.

I've had to wait a long time for my statements. So i think i am a bit ahead of you, LOL.

A lot of them credit the money to the account, i usually just send them a reminder that the money was for the S.A.R. and they still need to comply with that. Not sure about them reading the letters, i reckon they see it's an S.A.R., file it and send the standard reply back.

But that's only my opinion.

Anyway, good luck with yours.

Glad not to be on my own.:-D

But we have great support on this thread with ukaviator.

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