Jump to content


  • Tweets

  • Posts

    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Questions from : Have you received threatening demands for debts older than 6 years?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2820 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 457
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Scotland - The Consumer Forums

 

just click on the blue under lined the consumer forums, above, to select the one you want, then hit start a new thread on the left box.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I think I've made a mistake in agreeing to pay a very old debt, which allegedly was made from my old address, while I was still living there, but during a period that I was out of the country. It is a catalogue debt and as I have been at this address for nine years am I wrong to have started to pay £10 a month?? Agreed over the phone. I was worrie about going to court.

Seasons greetings to all and lets hope things improve for 2010

Link to post
Share on other sites

if there is a clear 6yrs when you have not had financial IN/OUT, then stop paying, its statute barred and NOTHING can unbar it, even you starting payments

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 1 month later...

hi all, firstly i hope i am posting in the right place!

i received a letter last week addressed 'to the occupier' and the letter said to phone a number which i did and they were sending me some information out, they wouldnt give me any info on the phone.

i have received their letter and it is from ruthbridge ltd stating that i owe cabot financial £1924.89 assigned from mbna.

it states in capitals 'WITHOUT PREJUDICE', then goes on to threaten me with bankruptcy proceedings for recovery of the oustanding balance.

further on the letter says as a final opportunity to avoid this i should pay £962.45 immediately (no later than 4th feb 2010) and as an added incentive they will instruct credit reference agency to mark the debt satisfied.

my problem is i have not had any acknowledgment of this for years now and i think it dates back to 2001, also there is no mention of it on my credit report as i have checked it.

where do i go from here?

your help is much appreciated.

thankyou

:confused:

Link to post
Share on other sites

if its not on your credit report then there is a clear sign it might be older than 6 years but as DD says check very carefully. Bank statements would be a good place to start as they will show who gets what money.

 

Then if there is nothing send them a letter saying tanks but no thanks sa the debt is statue barred.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

no it works fine iam just a bit annoyed that they may not understand what it means. They also may not understand what a SB letter means but both are clear and straight to the point.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

hello can anyone help please

i got into debt 10 years ago after marriage ending.i moved away then so never heard from debters ,i known my old address still got letters as i know the person that lives there still the person has never acted on the letters and has also had phone calls (but has said not known at this address). ive have just started to repair my credit and have started to get credit.but this week i got a letter from mack hall asking if im the said person on letter .please can you help .....sorry about the grammer.....sorry ive not payed anything for over 10 years and there is nothing on my credit report

thanks for your help

Edited by jaybee26
Link to post
Share on other sites

hi again, thanks for your replies.

there is definitely no mention of it on my credit report and it is definitely older than 6 years.

so then what would be the best letter to write to them to start the process.

feel a bit of relief talking on here, bravo to all you knowledgeable folk!.

:)

Link to post
Share on other sites

Hi everyone. I was wondering if there was anyone that could give me some advice.

 

I have recently received a letter from a company called Red Debt Collection Services asking for payment for £1221.82 in relation to an HSBC Bank account that I had.

 

I have not used the account for around 9 years now and the debt it mainly good old bank charges.

 

What should I do about this letter as it is definitely over 6 years since I have used the account?

Link to post
Share on other sites

Jaybee.

 

Tell them nothing on the phone just ask for everything i writing. It will be SB anyway so there should not be a problem.

 

Lolo

 

Its Sb then. Write to them politely advising its SB and leave it at that. Remember its up to them to prove it not not you to prove it is.

 

Karinelleno

 

Write a polite letter back advising its SB

 

this is a letter i would send.

 

Dear twit.

 

Your ref.

 

I do not acknowledge any debt to this company or any company you claim to represent.

 

The debt you claim l owe in relation to the above mentioned referance number is Statued barred under the limitatiions act 1980.

 

I will not be paying you anything for this debt.

 

Yours.

PRINT YOUR NAME HERE.

 

short but straight to the point. DOnt sign just print your name and then on top of that send recorded delivery.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

I am looking for some advice re debts that date from 2003. In 2003 I entered into a Debt management scheme via the CCCS. I was under the impression that the interest on all accounts was frozen. I made the effort to pay off the debt and whittled the creditors down from 10 to 3. I found out last year that one creditor, the biggest, had not frozen interest and the debt that started at 24000 pounds or so, having paid them around £9000 since 2003, is now almost £32000. Where do I stand with this creditor legally? It feels like this will never end!

Link to post
Share on other sites

also l would assume you have some type of paperwork that CCCS may have supplied you with. Try looking on that paperwork to see if they have in writing agreed to freeze interest.

 

Also do as DD has said.

 

Jaybee.

 

Your not the person they are looking for then if the name is wrong, inital, ignore till summing come threw your door correctly addressed to you. Trie returning all to sender.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Hi quick question to anybody

 

lloyds tsb o/d with bank charges

currently stayed pending oft case

just getting ready to deal with bank etc

approx £3k out of £7K in bank charges

 

have paid any money since august 2005

d/n issued april 2006

 

is it 6 years + 2006 = 2012?

 

While i will be arguing new stance if i can delay for another 2 years i can take advantage of the 6 year SB? Hopefully my court case will be at the back of queue.

 

Cheers

 

ST

RBS/Triton - Gone Away No CCA

RBS/Moorcroft - Gone way No CCA

RBS/AIC - Gone Away No CCA

RBS/Intrum - Gone Away No CCA

RBS/Regal - Gone Away

 

Cahoot/Link - CCA in Dispute

 

Capital One - Settled

 

Lloyds Bank - Awaiting Outcome from Supreme Court Hearing.

 

Lloyds Credit Credit - Repayment Plan

Link to post
Share on other sites

Thanks for your reply.

 

So does this mean if I paid the last payments during 2005 and they have no evidence of written admission after this that this i will come statute barred in 2011.

 

I wrote to them saying that i do not acknowledge the debt two years ago when they came after me

 

I did SAR them so i guess this would have any evidence that i have acked the debt. I will double check but dont thing there is anything in there

 

Regards

 

ST

 

the 6 years starts from the date of YOUR last payment to them or written admission of the debt!!

 

when they served a DN is of no relevance

Edited by speedtrip

RBS/Triton - Gone Away No CCA

RBS/Moorcroft - Gone way No CCA

RBS/AIC - Gone Away No CCA

RBS/Intrum - Gone Away No CCA

RBS/Regal - Gone Away

 

Cahoot/Link - CCA in Dispute

 

Capital One - Settled

 

Lloyds Bank - Awaiting Outcome from Supreme Court Hearing.

 

Lloyds Credit Credit - Repayment Plan

Link to post
Share on other sites

hello godmother

thanks for your help so far but i think i mite need a bit more.

i just got a letter from meritforce doorstep collection for the debt with correct name from mack hall .please can you advise me wot to do thanks also said someone will come round within 10 days

Edited by jaybee26
Link to post
Share on other sites

what amounts to aknowledgement is a question of construction

all that is needed is an admission by the debtor that there is a debt or other liquidated pecuniary claim outstanding and of his legal liability to pay it.

it is not neccessary that the aknowledgement should specify the amount of debt if it can be ascertained by other means,but it must aknowledge a claim ,not merely that there may be a claim,and it must further aknowledge that the claim exists at the date of the aknowledgement or that it existed on a day which falls within the appropiate period of limitation next before action can be brought...

so if this debt is more than six years old and you have never aknowledged it ,then it is statute barred

Link to post
Share on other sites

Thanks for your reply.

 

I need to look into this to see if I wrote to them and in any way may of have admitted the debt (pre CAG) but I guess in not in the SAR if there any they dont have them. Once I found CAG I make it very clear I did not acknowledge the debt.

 

By the way when does the clock start ticking and as my case was stayed by the court does the 6 years include/exclude this period?

 

Thanks for your help

 

Regards

 

ST

RBS/Triton - Gone Away No CCA

RBS/Moorcroft - Gone way No CCA

RBS/AIC - Gone Away No CCA

RBS/Intrum - Gone Away No CCA

RBS/Regal - Gone Away

 

Cahoot/Link - CCA in Dispute

 

Capital One - Settled

 

Lloyds Bank - Awaiting Outcome from Supreme Court Hearing.

 

Lloyds Credit Credit - Repayment Plan

Link to post
Share on other sites

acknowledging that there is "a claim" is irrelevant provided that the communication says that "the claim" referred to is denied

 

it would be unusual indeed if someone received notice of a "claim" , of which he knew nothing and did not seek to find out or clarify what this "claim" was in respect of

 

therefore an acknowledgment of a "claim" in itself- if that acknowledgement is a query about, or denial of any liability would not be an admission of the indebtedness.

 

i think you are taking the letter of the law too literally

 

if no payment has been made and the debtor has not ADMITTED that the debt (whether he states the amount ) is owed then that is sufficient IMO

Link to post
Share on other sites

Hi,

 

Why do you advise not to send the letters recorded delivery??? just that we are going to use the letters but was advised to send them recorded so we have proof that they have been received.

 

Look forward to your response

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2820 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...