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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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Thanks Shane. So just to clarify: Jan 2002 a debter defaults. Pays DCA £20 a month for 6 years. Still owes £2k, but Experian comes clean. So after that point the debter can stop paying Yes/No?

This is getting very interesting

Assuming the DCA had the executed CCA and deed of Assignment the the debtor would have to pay them unless he reached a settlement with them. The debt still exists and if the DCA have the paperwork its still enforceable. The Limitations Act would not apply in this case.

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Assuming the DCA had the executed CCA and deed of Assignment the the debtor would have to pay them unless he reached a settlement with them. The debt still exists and if the DCA have the paperwork its still enforceable. The Limitations Act would not apply in this case.

 

So if the payments were maintained how would it show on experian?

FDC

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Hi FDC,

 

I think what you're getting at is after 6 years, having already filed a default can a DCA file one again.

 

Well, firstly there has to be a legally compliant agreement in place as ODC stated, secondly not only does the DCA have to have a Deed of Assignment but the notice of assignment transferring the debt to themslvles as well as all rights, responsibilities and duties etc has to be accurate, if certain terms such as the balance due or the date of execution of assignment are wrong this renders the notice legally invalid (Case law that backs this up is W.F.Harrison & Co Ltd v Burke [1956] 1 WLR 419).

 

Also, any default served has to be accurate as well both in form and content as laid down by the Regs and it must also give the correct statutory time frame to the debtor to remedy the breach.

 

Recent precedent set in Woodchester Lease Management Services Ltd v Swain and Co also requires the 'sum due' to be accurate, if it is overstimated (for eg there are penalty charges) the default can be voided.

 

However, IMO after 6 years if there is a valid breach and the creditor has adhered to all of the above then yes they are legally entitled to register a default again given that the previous one has been expunged

 

regards,

shane

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Sosumi - is this you doing research for your new DCA company that you have talked on about setting up. :cool:

 

Naah!!!

I just do a bit of part-time collecting 'cos I enjoy it & I reckon that customers should be treated as customers (which they are to us). I get to know most of them quite well, so if I can help them I do.

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Thanks Shane. So just to clarify: Jan 2002 a debter defaults. Pays DCA £20 a month for 6 years. Still owes £2k, but Experian comes clean. So after that point the debter can stop paying Yes/No?

This is getting very interesting

Do you think a Debt Collection Agency would accept payments of £20 a month for six years, FDC?

If they have a legal right (as per the other posts) to collect the money, and you still owe £2000, then whether they registered a default or not, the money owed would still exist.

 

The problem with Credit Reference Agencies, is they've become so powerful that it's hard to see past them. Plus they're being used as incredibly prejudiced tools by DCAs.

  • Haha 1

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Yes. It's now the CRAs that mean everything. So to clarify. Mr A. defaults on his credit card in October 2002 owing 6K. It then gets passed on to a DCA who manage to get £20 per month (Oh yes, quite normal) for 6 years. By October 2008 the default becomes 6 years old. Does it stay 8-rated or does it become a normal 1-rated credit arrangement, although he still owes over £4,500? Or has this never happened?

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Yes. It's now the CRAs that mean everything. So to clarify. Mr A. defaults on his credit card in October 2002 owing 6K. It then gets passed on to a DCA who manage to get £20 per month (Oh yes, quite normal) for 6 years. By October 2008 the default becomes 6 years old. Does it stay 8-rated or does it become a normal 1-rated credit arrangement, although he still owes over £4,500? Or has this never happened?

Could you clarify the first sentence, "Yes. It's now the CRAs that mean everything."?

  • Haha 1

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Naah!!!

I just do a bit of part-time collecting 'cos I enjoy it & I reckon that customers should be treated as customers (which they are to us). I get to know most of them quite well, so if I can help them I do.

 

I'm still laughing at this one. Not having a go, FDA - but the idea of doing it in my spare time coz I enjoy it is alien to me.

 

Good for you if you're doing it nicely though -all power to your elbow.

 

:)

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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...So just to clarify: Jan 2002 a debter defaults. Pays DCA £20 a month for 6 years. Still owes £2k, but Experian comes clean. So after that point the debter can stop paying Yes/No?

This is getting very interesting

 

...So to clarify. Mr A. defaults on his credit card in October 2002 owing 6K. It then gets passed on to a DCA who manage to get £20 per month (Oh yes, quite normal) for 6 years. By October 2008 the default becomes 6 years old. Does it stay 8-rated or does it become a normal 1-rated credit arrangement, although he still owes over £4,500? Or has this never happened?
Hi peeps!...anyone notice something??...;)
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The sums don't add up - even with basic/intermediate maths skills it looks like

 

12 x 20 = £240 per year

6 x £240 = £1,440

£6,000 - £1440 = £4,660 ie not even 1/3 of debt repaid in 6 year period

 

Seemingly interest has not been frozen during this period and charges have been added by the DCA - time for a statement request methinks.

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