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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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Me & my Debts - Haydon DMP since 2001- they charge a £20PCM fee from my <£40 payment - CCA time? In Scotland too!


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Yes they can start procedings without anything and in some cases they do. If there is no defence then theoretically they can win these cases by default. However if they were to start proceedings on this basis then the lack of an agreement is a complete defence and until they can produce it then they can not get a judgement if you defend correctly.

Dont let the parasite dca's prosper

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  • 4 months later...

I have recieved a letter from Cabot as follows, REPAYING YOUR ACCOUNT]

Thank you for your recent payment. However there is no agreed repayment plan currently in place.

I have not been in touch or made payment to Cabot since asking them to provide a valid CCA about 2 years ago, also the balance is showing around £300 more than before.

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  • 2 months later...

I have received a letter today from Link financial

LETTER BEFORE ACTION

Link Financial Outsourcing Limited has attempted to recover the outstanding balance from you but has however not been successful.

COUNTY COURT PROCEEDINGS WILL NOW BE ISSUED AGAINST YOU WITHOUT FURTHER NOTICE. WE shall obtain and enforce a county court judgement against you. This may affect your ability to obtain credit in the future.

You should be aware that where applicable contractual interest will continue to be charged on the outstanding balance until the debt has been fully repaid although we will not ask you to pay more than the amount you would have paid if you had continued to pay your account as per the original terms of the agreement.

You may be liable for the costs of any action we take and statutory interest will accrue on your account at 8% for the full period. We will also impose a maximum fee of £130.00, which you will be lable for.

IF YOU WISH TO PREVENT THIS COURSE OF ACTION PAYMENT MUST BE RECEIVED IN FULL WITHIN THE 14-DAY PERIOD. PLEASE CONTACT AN OFFICER ON 02920 808698 AS A MATTER OF URGENCY

Mr T Johnson

Litigation Manager

Link Financial Outsourcing Limited.

Any advice folks will be most appreciated the balance is just over £1600.

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think this says it all unless you want to try and negotiate a full and final settlement

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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Thanks Ida,

In March 2009 Link sent me a copy of the application form signed by me to MBNA in 1999,

the account was purchased by Link in 2001 and i stopped paying them on December 2007.

Fellow caggers informed me that the application form which i scanned on here was not a valid CCA, although i expect if it goes to court they will use it as proof.

It has always been my intention to make settlement of this account when i can afford to, i am considering making a starting offer of £50.00 as full and final settlement.

In 2007 Link made me an offer of £9237 as full and final which i could not afford and still cannot afford, the account is just over £1600. All advice will be grateful.

I telephoned Link financial tonight and explained that the account is in dispute and that i have not received valid CCA copy or notice of assignment from them or MBNA.

The person on the phone said that they will send me a valid copy of the agreement and the assignment and told me that the action will be delayed for 7 days,

then i will be sent notice of court action and if i do not pay in full i will have a CCJ put on my credit file.

As always all advice is welcome.

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If they send a valid copy of the documentation it will be a miracle. But if that miracle should happen then you need to think what to do next. At the moment they can bluster about 7 days, 7 months but not 7 years or it would be statute barred but that is all it is bluster.

Dont let the parasite dca's prosper

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Strange how Link think they know what the judgement will be 'WE shall obtain and enforce a county court judgement against you'

Well they sent me the same letter and attempted to take me to court but withdrew the action 2 days before the first hearing.

As has been written usual Link bluster.

Keep all your paperwork filed in order and be prepared but on their past record if, and I stress if, they start court action you'll have all the ammo required and assistance from CAGers too .CP

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I have received two new letters from Link financial, the first being a copy of an appliction for a credit card from MBNA in 1999 with my details and signature. the same as they sent to me in january 2009, which fellow caggers said was not a valid CCA copy. The second letter states,

SALE OF YOUR DEBT, and is dated April 2011.

RE : YOUR AGREEMENT WITH MBNA EUROPE BANK LIMITED ( MBNA ) RELATING TO ACCOUNT NUMBER *********

WE write to introduce Link Financial to you. Link financial is the current owner of the outstanding balance due from you under the agreement referred to above. MBNA has as january 2001 assigned to Link finacial the outstanding balance due under the credit card agreement. As a result of this assignment, the full amount of the outstanding balance is due to us immediatiately.

The total outstanding balance is £163*.**

We have appointed Link Financial Outsourcing Limited " Link" to administer and recover your debt on our behalf. In order to discharge the outstanding balance, you should send payment without further delay.

Since you now owe the outstanding balance to Link Finacial, you should make no payment relating to the outstanding balance to MBNA. Any payment made by you to MBNA will take significantly longer to be processed onto your Link account.

You may wish to take legal advice etc. Advice welcome please fellow caggers.

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More bluster. If the documentation is not valid (and you know why it is not valid) then Link can threaten you with anything that they like but that is all that they can do threaten. Other caggers will advise also but it may be that you have to tell them to put up or shut up.

Dont let the parasite dca's prosper

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Thanks batman, I am going to write to Link and tell them that application form is not a CCA copy and that the above letter is not a notice or letter of assignment, advice is most welcome thanks.

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Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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  • 2 weeks later...

I have received a reply from Link Financial,

Thank you for your recent correspondence. Please be aware the documentation supplied fulfils our obligations under the consumer Credit Act and therefore do not consider your account to be in dipute. Please contact us so an affordable repayment plan can be organised and to prevent further recovery action.

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This means that they have satisfied s78 of the CCA which allows them, basically, any old rubbish and say "this is your agreement" (a computer dump of T&Cs with your name and address carefully typed at the top is one example). Having done that they are entitled to try to enforce - letters. threats, phone calls etc. Even court action should the notion take them. BUT as has already been pointed out if the document they sent you in 2009 still isnt enforceable in 2011, their court action wont succeed - signing requirements not fulfilled go straight to s127 (3).

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  • 2 months later...

Thanks seriously fed up.

I received a call from Link financial from Wales today, got me when i was under severe pressure, looking to set up a monthly payment plan,

I told him that link has never provided a valid CCA copy or notice of assignment, he said they have and as i had an MBNA credit card back in 1999 and that as i had paid Link monthly payments for years that their claim is valid,

asked me if i consider it right that i used the credit card then stopped paying, told me that he is phoning to help me and stop court action etc and offer a monthly payment to be set up.

i told him that i am under severe financial pressure and had just heard bad news workwise, i said if and when i can afford it i will gladly offer part payment as full and final payment, he persisted a payment set up and promised to call back tonight.

I am just now under financial stress workwise and cutting back on outgoings, i do eventually make settlement payments to the DCAs, however this is a bad time and i need watch my outgoings and i have applied for working tax credits as my income is so low just now. All advice welcome folks.

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Can you post up what they have sent to you that they claim is valid and let the experts have a look at it then you will get better advice on how to proceed but at the moment from what I understand they have not proved that it isnt statute barred let alone produced anything that they can rely on in court

Dont let the parasite dca's prosper

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Batman's advice is excellent. If they dont have the paperwork to enforce their claim and/or its statute barred, let them fume. They will put pressure on you and if they think that you are starting to crack then they wont respond by backing off. Their response will be to put more pressure on you. So its important that you put up what they have sent you and get some advice (hopefully that we should all have a good laugh)

I know you have many other things to worry you, but in all seriousness you need to show a confident face, advise them that you have no evidence that they can enforce (dont expect them to agree btw) and that until they can change that there is no point in further correspondence.

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Thanks seriously fed up and batman, i am unable to view batmans post as there is a page missing although your message is notified in my mail box, thank you batman i hope your posting will turn up tomorrow. SFU you are correct i was cought up feeling very vurnerable and they are seeking to use this against me.

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