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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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Legalities Of Bank Selling Debts To Third Party...


OleBanks
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Hi Everyone

 

What are the Legalities of Banks selling debt to third party.... Have been getting bullied by cap quest in relation to my debt that was sold to cap quest by CITICARD. The debt was sold to Cap quest in December 2005 for £6850, and since then the debt is gone up to £8800. Just under £2000 has been added to the account within 7months.

 

I phone Capquest and requested for an ageement at least to know on what term my account is been charged,but I was told is under the same term and condition that I had with Citi Card. I dont know my right regarding this account and they are charging interest to my account every month.

 

Can anyone please advice on the legalities of debts selling and what my rights are.

I want to stop payments until Capquest send me an agreement...can I do that or would it come back to hunt me.

 

Please Help!!!:sad:

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Debt would have been sold to DCA for 10-12% of face value. Write to them with a CCA request enclosing £1 asking for a copy of the original credit agreement and the deed of assignment. They have to provide these within 12 days or they commit a criminal offence. If they have not provided these within 30 days the debt becomes unenforceable by law. I would also send a Data Protection Act request to both Citicard & Capquest enclosing £10 each. Once the debt becomes "in dispute" you may well find it reverts back to Citicard. I would claim all charges back from both of them.

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Thanks for that, is there any other legalities along the line that I need to watch out for. I was going to stop paying them until they supply me with this agreement.

Is there a template for this kind of letter in this Forum?

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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I have stop the payment indefinately to Capquest today. But my only concern is can they set bailiffs after me to seize my belongings?

 

Please I need further details regarding this topic.

 

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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I have stop the payment indefinately to Capquest today. But my only concern is can they set bailiffs after me to seize my belongings?

 

Please I need further details regarding this topic.

 

 

 

they can only use bailiffs if they get a court judgment on you.

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Ok. Sorry to be a pain. At what point can they get this county court Judgement?

Would I have the orportunity to go to court and defend myself before they get this judgement against me or they can just do that automatically.

:confused: :confused: :confused: :confused:

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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ok, have sent a letter out to capquest today enclosing £1 P/O and I await their reply. I will keep this thread posted once I have a reply from Capquest.

In the light that I have anymore question I will post it in the thread

Thanks Guys :D

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Hi guys am back again, got a reply from Capquest today and their letter reads:-

 

Dear Mr Olebanks,

Further to you recent contact with our office and your request for further information in relation to the above account, we would confirm that your account is now on hold for 28days while we obtain the information you require.

If you have any proof of payment or correspondence that would assist with your query, please forward these document, with a brief covering letter, to our collection administration dept, so that we can resolve this matter as soon as possible.

 

Are they for real? can you imagine ...I dont quite understand, what correspondence do this goon think I would have when am actually asking that I dont have nothing on the account been with them. Guys what do you make of this letter. Do I need to reply and how?what do I put in my letter?:confused: :confused:

 

The most annoying thing is when I call my Debt management guys to cancel capquest off my book with them, you would think the lady I spoke to at my DMP office is out to share what ever money I pay to Capquest.

The lady was indirectly telling ,me in a rude and aggresive tone and indirectly that I should not struck them off their book. The goon are meant to be looking after my interest really. What do you think I should do about my DMP? any idea. Please advice. I was going to write to my DMP CEO and make a complaint, what do you think guys.:confused: :confused: afterall I intruct them act on my behalf with my creditor, it should nt be a war to ask them to take them off should it?:rolleyes:

 

I will wait for a reply on here before I decide.

 

Thanks

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Hi Olebanks

 

NO don't reply to the letter and certainly do not send them any proof of payment or correspondence!

 

Sit quietly as the clock ticks by. Let them do all the running around and the last thing you want to do is to send them any reminders!

 

Regarding your debt management, it is likely that an arrangement has been made with all creditors which is dependant upon all debts sharing a percentage of what you can afford to pay. Does this sound familiar? If so if you pull the plug on one creditor the whole agreement becomes unenforceable. Which would be why the lady was none to pleased.

 

Hope this helps

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Thanks you so much mate you've definately anwsered my question and yep it does sound familiar about the percentage been shared amongs the creditor.

But the point is my DMP guys doesnt need to write to any of the creditor because I wasnt going to reduce any of the creditors payment.

 

Since they wont be paying Capquest any more that mean they can slipt the capquet share on to the other creditor which increases what am paying them anyway that is the other creditors

 

The impression I have is if there payment is reduce then my DMP guys have to re-write to all the creditor to make a new arrangement.

Does this make sence?

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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You are probably better off awaiting the outcome of the CCA request before taking any action on DMP.

 

The question of rearranging the agreement is not quite as simple as you state. DMPs work on the assumption that all creditors are treated equally. If one suddenly drops out of the picture it may be seen that you favoured one over another and it may prove problematic getting them to agree another agreement.

 

I am a little concerned that Capquest have been pestering you if they are part of a DMP as they should know they are only entitled to their share and no more - to demand more is a fraud on the other creditors. You should bring this to the attention of your DMP guys.

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Thanks mate I will wait for the outcome of the CCA before taking an action against the DMP guys.

To be honest I just do not like the way that lady at the DMP addressed me, in a manner that( I got my self into the mess in the first place). My debtness is not from going on exotic holiday or shopping spree. It was really caused by all this charges that kept going on my account.

 

Regarding the agreement I requested for,from Capquest I know a baliff guy that I play football with on sundays and he said he doesnt think capquest can get hold of the copy of agreement I requested for. He further said this kind of agreement doesnt exist and he doesnt know why DCA like capquest buy such a debt where a debtor can turn round and request for such agreement which by law am entitle to and they are not in the position to show it.

He thinks capquest will probably sell the debt to someone else.

 

What do you think?

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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I entirely sympathise about the charges causing the debt!

 

If Capquest can not prove that they own the debt they can hardly sell it to someone else. What can happen is that they pass the debt back to Citicard.

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Thanks I just have to wait at see what happens now.

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Hi again thread, Just got the same letter x3 from capquest. the letter read:-

 

Dear Mr Olebanks,

Further to you recent contact with our office and your request for further information in relation to the above account, we would confirm that your account is now on hold for 28days while we obtain the information you require.

If you have any proof of payment or correspondence that would assist with your query, please forward these document, with a brief covering letter, to our collection administration dept, so that we can resolve this matter as soon as possible.

 

The letter has already been sent to me last week. For a reason they've decided to send them again. I think I should have got the message from capquest with the first letter.

 

There was also another letter in another envelop requesting for my identity which reads:

 

Dear Olebanks,

 

Thanks for your recent correspondence

In order to progress this account, please furnish us with proof of your date of birth. A copy of your driving license,passport or birth certificate for example.

 

Mean while please be advise that we have placed your account on hold for a period of 14 days pending the receipt of this information.

 

We thank you for your kind attention in this matter and await your response.

yours sincerely

 

Capquest.

 

 

Guys what do you think they need this information for? should I send it? Please advise.:confused: :confused: :confused:

 

Thanks

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Whatever you do don't send anything with your signature on it.

 

I'm not entirely sure if you are obliged to send this info or not. If they have been dealing with you for some time they should not require proof of identity.

 

Strange that they have asked for proof of date of birth as oppose to name and address. It maybe a stalling tactic.

 

I'll have a root round and see if I can find out if you are legally obliged to provide this info. Get back to you on this one.

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It sounds like they want to verify your ID prior to sending anything out. Delaying the ID will delay the start date of the CCA request and affect when their time to action the request runs out.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

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Can't find anything stating you are legally obliged to provide this info. It might be worth sending them a copy of birth certificate and or utility bill. But avoid sending them anything with your signature on and don't personally sign any correspondence.

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Thanks alot guys.

@ zootscoot I will wait for your info. I will scout round myself to see if I can get hold of any info too.

 

Thanks:-D

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Ok.

I will send a Utility bill

 

Thanks

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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  • 3 weeks later...
Hi again thread, Just got the same letter x3 from capquest. the letter read:-

 

Dear Mr Olebanks,

Further to you recent contact with our office and your request for further information in relation to the above account, we would confirm that your account is now on hold for 28days while we obtain the information you require.

If you have any proof of payment or correspondence that would assist with your query, please forward these document, with a brief covering letter, to our collection administration dept, so that we can resolve this matter as soon as possible.

 

The letter has already been sent to me last week. For a reason they've decided to send them again. I think I should have got the message from capquest with the first letter.

 

There was also another letter in another envelop requesting for my identity which reads:

 

Dear Olebanks,

 

Thanks for your recent correspondence

In order to progress this account, please furnish us with proof of your date of birth. A copy of your driving license,passport or birth certificate for example.

 

Mean while please be advise that we have placed your account on hold for a period of 14 days pending the receipt of this information.

 

We thank you for your kind attention in this matter and await your response.

yours sincerely

 

Capquest.

 

 

Guys what do you think they need this information for? should I send it? Please advise.:confused: :confused: :confused:

 

Thanks

 

your not required to send anything - they need to prove you owe teh debt not theother way round

People who haven't made mistakes, haven't made anything!

 

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