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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case on this topic that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Also, I continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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Help Statutary Demand received


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I requested a CCA on an overdraft which the DCA acknowledged on the 20 March and went on to say

 

"On receipt of the copy agreement we would expect you to contact this office to arrange settlement of the debt"

 

Since then I have receive a coupel of their normal letters asking me to contact them to arrange payment but I just ignored them pending a response from my CCA request.

 

Now today I've received a statutory Demand for the amount due.

 

What should I do ?

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Although the CCA 1974 does cover overdrafts, as it is not a rolling credit agreement like loans or credit cards, they do not need to supply you with a CCA.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Well, yes, but that would be then classed as a loan, not an overdraft.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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No it's still an overdraft. I was under the impression that they would supply me with something or tell me that the CCA request didn't apply neither of which they have done and now while I was waiting to hear back from them I've got a statutory Demand instead

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ok....you can't ignore the statutory demand, firstly the original creditor would have sent you a default notice (did you ever receive one ?)....who is the stat demand from if I can ask ? how was it delivered to you ? does it have any official court stamps on it ?....thirdly I would as a precaution send a Subject Access Request ASAP to the original creditor to start reclaiming the excessive penalty charges ? can you tell us how much (roughly) the debt is for ?

 

Have a read of this too...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112326-debt-collection-agencies-statutory.html

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ok....you can't ignore the statutory demand, firstly the original creditor would have sent you a default notice (did you ever receive one ?)....who is the stat demand from if I can ask ? how was it delivered to you ? does it have any official court stamps on it ?....thirdly I would as a precaution send a Subject Access Request ASAP to the original creditor to start reclaiming the excessive penalty charges ? can you tell us how much (roughly) the debt is for ?

 

Have a read of this too...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112326-debt-collection-agencies-statutory.html

 

No Default notice only a termination notice as the account was never in default. Stat demand is from 1st Credit and it was delivered by second class post and there is no court stamps it doesn't even mention a particular court but asks me to ring them to find out details of the court if I need to know. Debt is 6K on a joint overdraft run up by my partner but as they are now in an IVA ( which did include this debt ) they have basically terminated the account and are chasing me for the entire amount.

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Hang on are you saying you never defaulted & that their action is purely retaliatory because if so you could sue them in fact they could have screwed up their entitlement to recover the debt altogether

 

Also be advised that as it costs them now't 1st Credit are famous for issuing SD's in an effort to scare the hell out of people.

 

If they did bankrupt you they would have to bankrupt your partner & all your other creditors would have to join what might be a very long Q to get even less than now

 

Suggest you ignore them & if they are stupid enough to petition (which would be a 1st) I would then explain to the court that the debt is already being recovered via IVA

 

Also contact your IVA provider & tell them what's going on

 

Once that's done & dusted you might like to think about going on the offensive

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The problem is my partner has an IVA I don't, so when Barclay realised ( 18 months after the IVA commenced !!!! ) they issued termination notices and are now chasing me for the entire amount. As far as my partners IVA is concerned it is still due to pay off 25%+ of the debt but this is not taken into account. The debt was then passed to 1st Credit with no further communication from Barclays who have now been chasing me for 2 months. I'm not sure if they know the debt was from a joint account or that the IVA exists which was part of the reason I issued a CCA request as the account was originally opened in my partners name 20 years or so ago.

 

You're right about the SD's scaring people as I'm really not sure what I should be doing. I think I should write back to 1st Credit asking why they have started this avenue when previously to my CCA request they stated

"On receipt of the copy agreement we would expect you to contact this office to arrange settlement of the debt"

which was what I was waiting for.

Any ideas what I should do next ?

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