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    • Part of a settlement agreement.   concerbs over her nane online we’re raised and I was blamed for bad mouthing. I explained I put nothing up myself.  cannot discuss details of the case as per agreement.  
    • The sticky thread is locked because it's just a template thread. We need to see the invoice you're disputing. And for you to answer the questions below (I'm guessing this is an ANPR capture, the vast majority of tickets are) -   For PCN's received through the post [ANPR camera capture] (must be received within 14 days from the Incident)   Please answer the following questions.   1 Date of the infringement Give answer here   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Give answer here   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received Give answer here   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Give answer here   5 Is there any photographic evidence of the event? Give answer here   6 Have you appealed? [Y/N?] post up your appeal] Give answer here   Have you had a response? [Y/N?] post it up Give answer here   7 Who is the parking company? Give answer here   8. Where exactly [carpark name and town] Give answer here   For either option, does it say which appeals body they operate under. Give answer here   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   If you have received any other correspondence, please mention it here   Copy the windscreen or ANPR section to your thread and answer the questions... …….... In either case scan up both sides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY
    • Perfect, thanks Dave.   You're right, a whole dodo storm this has been. As sons of first-generation immigrant parents, whenever something like this happens the old man panics. There was a whole "appeal this now" because my dad paid for the parking as he was with the hirer at the time and he isn't as tech-savvy as my brother so he ended up doing what he did and because I don't live there anymore it came all the way down to this.  But yes, we'll do this SAR and see what comes of it.  Will keep posting here with the hopes that it may benefit someone in the future.  Thanks again, everyone. 
    • saying the thread is locked, what shall I do?
    • Please fill in the forum sticky and upload a copy of the invoice, redacted of anything that could identify you -  
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Lost and found CCA's


DBY
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Where does the law stand with this?

 

If you request a true copy of the CCA, which is not produced within the

timescale as laid down by the law, what happens if six months later it turns up and your chased for the debt?

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In the above instance the creditor must go before a judge before they are able to enforce the debt (before they can take any legal action)

 

As this actually happened to anyone? Is there a defence to this?

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Would suggest you post the "CCA" on here to see if it's been properly executed

 

Sorry - hasnt happened yet - just educating myself!!

Also, if at the initial request, the CCA isnt found (goes over the 42 days), the balance is set to zero and defaults removed from your credit file, would the DCA have a right to reinstate the debt at a later date?

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The balance wont be set to zero and the defaults will remain on file unless the defaults where entered by the dca in which case without a ca they had no right (so grounds then for removal) but the debt doesnt go away it just becomes unenforceable, its 12 working days from the day after delivery plus 30 calender days or 31 if ending on a sunday so a little longer than 42

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So a hypothetical scenario?

 

The non production of a CCA doesnt automatically zero the debt balance, it merely makes the debt unenforceable. The debt still exists but they cant enforce it.

 

The same for the Credit File, you can fight to remove any defaults illegally placed by the DCA, but this is not automatic and would require effort on your part.

 

The argument would generally be along the lines of, you don't have a CCA, which normally includes permission to process under the Data Protection Act, therefore you shouldn't process my data.

 

Then the argument will be between yourself, the DCA and the CRA.

 

If you read through the posts on this forum you will see many instances where defaults have been incorrectly, illegally and out of downright badness placed onto peoples files

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So a hypothetical scenario?

 

The non production of a CCA doesnt automatically zero the debt balance, it merely makes the debt unenforceable. The debt still exists but they cant enforce it.

 

The same for the Credit File, you can fight to remove any defaults illegally placed by the DCA, but this is not automatic and would require effort on your part.

 

The argument would generally be along the lines of, you don't have a CCA, which normally includes permission to process under the Data Protection Act, therefore you shouldn't process my data.

 

Then the argument will be between yourself, the DCA and the CRA.

 

If you read through the posts on this forum you will see many instances where defaults have been incorrectly, illegally and out of downright badness placed onto peoples files

 

Thanks, how long does a default stay on your CF for?

In response to Boro's reply, so effectively, an unenforcable debt can become 'forceable if after 'x' amount of months, the CCA is located.

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Only if they take that agreement before a judge who then makes it enforceable and even then it must meet all the prescribed terms which a lot (especially older agreements) dont, default notices will be kept on your cr for 6 years

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Only if they take that agreement before a judge who then makes it enforceable and even then it must meet all the prescribed terms which a lot (especially older agreements) dont, default notices will be kept on your cr for 6 years

 

Thanks Boro :grin:

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