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    • 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.
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Statutory Demand served on me today -Help!!


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:!:Hi Guys

I just got served today with a statutory demand from a dca Daniel Silverman ltd well anyway it says that if i would like the debt to be set aside i have 18 days to apply to the court. But i have just read it through and it is dated Wednesday 4th June 2008! i have i effectively missed the deadline???? Even though i only recieved it today i have proof as the man that gave it to me also gave me a slip that he had ready to put through the door with todays date on.

 

So what's my next move folks, the debt is from a nursery that i didnt know i had from my son was a baby plus i was at college and my ex husband was supposed to have paid for it.

 

I'm on benefits i dont have nearly £3000 the original amount was 1872.35:confused: Im already facing repossesion proceeding for my home as you dont get any help until you are claiming IS for 39 weeks!

 

Im stressed now can they do this as they havent applied for a CCJ

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The 18 days runs from the date of service, so you have that amount of time from today.

 

The problem is that although your ex was supposed to be paying it I guess the debt was in your name. I'll do a bit of digging and see what I can come up with.

 

RM

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Hi,

 

I've been through the old set aside thing too (and won hehe) In addition to the above threads I found:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/143995-statutory-demand-vertex-help-2.html

 

useful in helping me to fill out the forms.

 

Good luck and just ask if you need any more info

 

:-)

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I think you have to fill in form 6.4 which you'll probably find at the insolvency website...

 

The Insolvency Service Website

 

My apologies I have just read your original posting.....it is likely that you can dispute the debt due to excessive charges that have been added to the account....i'm not sure your debt is governed by the Consumer Credit Act.

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i think the debt is from 2005 looking at the paperwork there is no court stamp on it. Its being printed on thick yellow paper and says rule6.1 in the top margins

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You could send them a cca request . That'll mean you would need to send it asap and then fill in the forms after the 12+2 days with reference to the fact they have not complied and copy some of the letters on the above threads where no cca was provided. Send it recorded delivery, do not sign it, use a postal order, write the postal order number on the cca request letter, copy both the postal order and letter for evidence. Might want to use next day special delivery.

 

 

 

The Debt Company

Debts_R_Us House,

Payusnow Street,

Kent,

R1 7HG

 

By Special Delivery

 

Name: Mr Yule Getnowtfromme

 

Re:- Account/Reference Number 1234567890

 

Dear Sir/Madam

 

No debt is acknowledged to you, or any other person or organisation you represent.

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 s.78 (1), s.77 (1) for fixed sum credit I am entitled to receive a copy of my credit agreement on request. Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxxx which represents the fee payable under the Consumer Credit Act.

 

This is , you will appreciate, a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

Please note, I must emphasize that the enclosed payment is the statutory fee in accordance with the consumer credit act 1974 s 77 (1) and is neither acknowledgement of nor token payment toward alleged debt .

 

Please note that I have copies of all correspondence and attached payments enclosed therein.

 

 

Yours

 

Mr Yule Getnowtfromme

Edited by Percival Wigglesbottom
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Use this as your SAR request, the thing that worries me here is the fact that sending a CCA request may not yield anything as this was a nursery, i'm not sure if you were covered by the Consumer Credit Act....certainly a SAR, will reveal all the paperwork they hold on you....

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

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Thank you i will try and send it off on monday as i am skint! i have sent off the cca letter today to D silverman and prepared my set aside document for the court to take in on Monday also hope it works......

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hi ya all i went to county court yesterday trying to look like i know what im doing so im just waiting to here back from the judge keep me my yours prayers folks! i will need your help for the next stage as i have no idea what i do next.

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just recieved a letter this morning from Daniels Silverman said that nursery accounts are not covered by CCA so they are therefore returning my postal order of £1.00. they will forward a copy of the nursery registration form in due course but i have 21 days to settle the account otherwise a bankruptcy petittion will be issued after the 21 days expires. and they look forward to recieveing my settlement cheque blah blah blah....

 

What do i do guys????

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:!:Hi Guys

I just got served today with a statutory demand from a dca Daniel Silverman ltd well anyway it says that if i would like the debt to be set aside i have 18 days to apply to the court. But i have just read it through and it is dated Wednesday 4th June 2008! i have i effectively missed the deadline???? Even though i only recieved it today i have proof as the man that gave it to me also gave me a slip that he had ready to put through the door with todays date on.

 

So what's my next move folks, the debt is from a nursery that i didnt know i had from my son was a baby plus i was at college and my ex husband was supposed to have paid for it.

 

I'm on benefits i dont have nearly £3000 the original amount was 1872.35:confused: Im already facing repossesion proceeding for my home as you dont get any help until you are claiming IS for 39 weeks!

 

Im stressed now can they do this as they havent applied for a CCJ

 

Who signed the registration form for the nursery? I'm not a lawyer, so take this with a pinch of salt but I would think the agreement with the nursery would fall under standard contract law. Therefore, if you signed it, you are liable. If your ex-husband signed it, he's liable.

 

If that's the case, you could apply for set-aside on that basis.

 

What did you say in the paperwork you sent to the court?

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I don't really know what the next step is, but I am sure that there will be people on here who do. Please keep yourself upbeat, I know its hard but if you have no equity then there is nothing to really fear. They cannot get from you what you do not have.

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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