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    • Hi all!   Thank you in advance for any help you can give me!!    I parked up (at 18:08) in a rush, entered my Reg and paid for an hour of parking. At 18:20 I got a ticket for not paying for parking.    I've just looked at my receipt and noticed why ... I put "22" instead of "21"  when i put in my Reg. yes... what a stupid mistake.    I seem to remember there being a court case or a rule change about entering the wrong reg but the company wasn't at a loss because i had paid for the parking just technically for the wrong car. Am i making that up?    Any advice would be gratefully received, even some key points i have to hit when doing the appeal      
    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
    • Well, they trashed their last election manifesto pledges, so nothing new really is it? They just find weasel words to try to claim they haven't actually failed if you just look at it just a little squinted and in this particular way  - and are stupid.
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      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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Hillesden Securities Ltd. (Direct Legal & Collections)


R B 1968
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Thanks for the credit report info. Rory - just waiting on a confirmation letter, by post, and I can see what's what !

 

Anone offer any advise re Barclaycard - basically they 'screwed me' for a regular monthly payment far more than I offered or could really afford. Been paying for about a year BUT this really needs some assistance as I'm struggling like mad !

 

R

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Thanks Rtech but, with respect, what I listed above was (I believed) working days - no weekend days, no bank holiday days etc... ? Please feel free to take a look ?

 

Also interested in any assistance with my Barclaycard request - I haven't CCA'ed them as a) I would expect them to have a copy of the agreement ? and b) I have been making regular payments for over a year so howe can I start with the I don't acknowledge any debt line ? Surely to CCA them this would only alienate them and jeopordise our agreement - wouldn't it ?

 

Thanks all, as usual,

 

R

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Understand your count,but Xmas for most firms is not just a couple of days,but a week plus,so thats probably it.But after the 12 days you have stopped paying,and that will stay the same until if and when they produce...I hope you are not thinking of chasing it...........

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Also interested in any assistance with my Barclaycard request - I haven't CCA'ed them as a) I would expect them to have a copy of the agreement ?

Why? Barclaycard are not renowned for having complying copies of agreements.
b) I have been making regular payments for over a year so howe can I start with the I don't acknowledge any debt line ? Surely to CCA them this would only alienate them and jeopordise our agreement - wouldn't it ?

You can choose to not acknowledge a debt at any time. The fact that payments have been made is irrelevant. Asking for a copy of the agreement is your legal right and is required in order for them to enforce the account. They are legally obliged to accept any reasonable offer of repayment, by your own admission you have been pressurised into over commiting financially to them.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Also interested in any assistance with my Barclaycard request - I haven't CCA'ed them as a) I would expect them to have a copy of the agreement ? and b) I have been making regular payments for over a year so howe can I start with the I don't acknowledge any debt line ? Surely to CCA them this would only alienate them and jeopordise our agreement - wouldn't it ?

 

Thanks all, as usual,

 

R

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I don't know if it helps but I have the following credit cards, also:

Barclaycard (already mentioned) BUT had since mid 2000 !

MBNA had since late 1998 !

MBNA (Formerly Alliance & Leicester) had since late 1999 !

I hope you would say that due to this length of time having elapsed I should CCA them all ?

 

Thanks,

 

R

 

PS I'm still trying to get my head round this 'loophole' but really don't want to find myself in court and in a worse credit situiation than I already am !

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Interesting to note I've already had an agreed monthly payment plan with two of these ciompanies for about 5 years now anyway - is there any point where they really could be persuaded to write the debt of totally ? Two of these are now approx. half of what they were originally !

 

Thanks again.

 

R

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Ok everyone - thanks for your help, to date. Please find below reply received, from HILLESDEN SECURITIES (NOT DLC), today:

 

******

 

17 December 2007

 

Dear Mr XXXXXXX,

 

Account number XXXXXXX - Formerly CitiFinancial - XXXXXXXXXXXXXXXX - Consumer Credit Act 1974

 

Thank you for your recent letter dated 10 December 2007 regarding the above account. This has been passed to me for attention.

 

I would confirm and advise the following:-

 

1. I acknowledge receipt of payment of £1 in connection with your data request under the Consumer Credit Act 1974. We are still awaiting a copy of your original agreement with CitiFinancial. When this becomes available it will be forwarded to you.

2. If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 78 of the Consumer Credit Act 1974.

 

Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand.

 

Yours sincerely,

 

A E Locke

Director & data Controller

Direct Line: 01280 707513

 

******

 

I can confirm the postal order / letter were signed for on Thu. 13th December.

 

Interesting to note I never had an agreement, a card (or indeed paid a penny) with / to Citi - the only thing I can assume this was passed from RBS Shell Visa to Citi and then straight to DLC ?

 

What should I do next ?

 

Thanks again for all your help everyone.........

 

R

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Thankd Rtech and you !

Is this just a standard reply then ?

Why do they mention 21 days when I believed they only have 12+2 ?

If they can't find the signed agreement what do their comments in "2." mean - is this a 'get out clause' for them ?

 

Thanks,

 

R

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At some stage they will have to provide the properly executed agreement,

Seems that they are sure that is not going to happen,and will try to fob you off with something,which would not in fact comply with the CCA,BUT they will try to tell you it does.

 

Do no more....A old guy once told me

'If you are worried about something,then take steps to do something about it'.

'If you have done all you can(which you have now)then its out of your hands so why worry?? '....

Just enjoy the festive season,and post what they send in the New Year.

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I have seven copys as well morteee.

 

Cant wait till next year when I go all barrells for Hillsden

 

HAK

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Thanks everyone - Merry Christmas' all round then !

 

Can I please just ask IF they can't supply a copy of the agreement can I therefore request they remove all adverse entries to my credit file - in fact can I ask them to remove any references to it at all ?

 

Is this something anyone else has experiences of - I'd love to hear your successes / failures etc...

 

Thanks,

 

R

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Mortee you are beating me.

 

Im going to report them to T/S after crimbo. Hopefully will help my case of getting my Charging Order removed

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i had an unenforceble cca passed to hillingdons/dlc

once i had informed them i had issued court proceedings and told them as they are now the owner of the account i would be putting in a claim against them for penalty charges, they dropped the account like a hot potato. just shows they have to honour all parts of the account and not pick and choose.

something to bear in mind if they infact have a valid cca

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Thanks everyone - Merry Christmas' all round then !

 

Can I please just ask IF they can't supply a copy of the agreement can I therefore request they remove all adverse entries to my credit file - in fact can I ask them to remove any references to it at all ?

 

Is this something anyone else has experiences of - I'd love to hear your successes / failures etc...

 

Thanks,

 

R

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  • 2 weeks later...

Hi Curlyben / Rtech etc...

 

Just to update you all.

 

Its now the 1st January and still nothing else from Hillesden / DLC, yet ?

 

No chasing phone calls or texts either ?

 

Looking like they can't locate a CCA ?

 

Where would an SAR fit into my situation - would this have any benefit at all ?

 

All I want to achieve is get the debt written off AND the default removed from my file !

 

Thanks,

 

R

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Well I'd give it a while yet as they have probably been busy over Xmas.

 

Now it is unlikely that the debt will be "written off", but without the CCA they can't enforce it.

 

As for the default have a read through the link in my signature concerning default removal from Surlybonds.

It's a long and drawn out process and will likely end up in court, but worth a try.

Be VERY careful whose advice you listen too

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