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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
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      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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Capital One help needed


fletchie
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Hi,

 

I am just in the process of trying to sort my debts out. My marriage broke down and in the same month had my purse stolen which resulted in £3000 being taken from my abbey bank account. This money was wages and overdraft. The majority of the money was replaced but I lost in all almost £500. It took almost a month to sort out and to get a new bank account.

 

The result of this and the marriage break up is that I am heavily in debt due to having to pay double my outgoings compared to when I was living with my husband.

 

I owe Capital One just short of £4000 on the credit card. I have rung up and offered £50 per month but they refused and asked for £700!

 

They have slapped on some charges and another £12 today.

 

What is the next step once they default my account - they mentioned on the phone about selling the debt off to a collection agency. Can anybody advise how I negotiate with either Capital One or whoever they sel my debt to? I don't dispute the debt and will make payment to what can afford but I am so worried about being harrassed and would rather show willing to pay up rather than keep hanging my head in the clouds and ignoring my problems. I owe the following debts:

 

Capital One Credit Card- 3926.48

Nationwide Loan - 3332.83 (not secured)

Egg Credit Card - 2106

Egg Loan - 2183 (not secured)

Black Horse Loan - 5579 (not secured)

Black Horse Secured Car Loan - 9591 - This has been paid and I will continue to do so, I need the car to stay in work. This is up to date and not in arrears.

 

Can anybody please give me some useful advice on what letters to send off, I'm getting phone calls constant on my mobile and I'm getting scared to pick up the phone.

 

Many thanks

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Hi OK you need to do the following:

 

Send all creditors a phone harassment letter to stop the calls, until that kicks in answer and say in writing only, they soon get the message.

 

Next send each OC = Original Creditor a SAR this is in the templates library. it costs £10 and should be sent recorded, you need to state that you want all statments going back 6 years on when the account was opened whichever is the longest, you also ask for the credit agreement for all credit cards and loans.

 

They have 40 days to supply this stuff.

 

you can then work out any unlawful charges and start to reclaim them back.

 

if they fail to produce a credit agreement then the account is in dispute, the rule is no valid agreement no enforceable debt.

 

---------------------

 

If you wish to carry on paying them then contact each creditor and send them an Income and Expenditure form detailing what you can realistically afford each month, if they refuse to co-operate then approach CCCS to set up a DMP CCCS can be found here CCCS - Free Debt Advice from the UK's Leading Debt Charity

 

either way get your statements so you can reclaim your charges

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