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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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Arrow/evershers CCJ+CO over old MBNA debt


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Wilson and First County Trust NOT First Capital

 

sh1t thx Chris.

 

SAR has now officially gone to the courts, wish me luck :-|

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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Thanks, but that was Paul... :p

 

Soz thx Paul

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

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Just received copy of the DN and NOA, is this letter acceptable as a NOA?

 

ArrowLetter001Edited.jpg

 

ArrowLetter002Edited.jpg

Edited by reggie76
Delete account no

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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Are you sure that they haven't sent another NoA

 

If this is the first one that you've had -

 

Firstly it should have been served before procs were commenced either by personal service or by registered post - so they have a problem

 

Secondly if it is to act as an NoA then it gives sufficient info BUT as it quotes figures they need to be accurate - it will almost certainly include unlawful account charges which will invalidate it in terms of the NoA and possibly also (and I'm not an expert here) in terms of it as a DN

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Can somebody else who knows more about DN's than I do check my point about unlawful charges invalidating a DN

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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reggie,

 

Did you get anything earlier from MBNA? Is the credit card account number quoted on the NOA the same as your account?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Did you already know the default notice is crud?

 

Didnt allow you the 14+2 days service for the letter to arrive.

 

1. Interpretation Act 1978, Section 7

 

This states:-

 

Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post."

 

2. Practice Direction

Service of Documents - First and Second Class Mail.

With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.

1. Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

2. To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting.

"Working days" are Monday to Friday, excluding any bank holiday.

3. Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.

4. This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

 

8th March 1985

J R BICKFORD SMITH Senior Master

Queen's Bench Division

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Oh dear. Is the Claim being brought by Arrow? If so, what was the claim date? If the claim date predates the date of the NOA, they weren't entitled to bring it against you!

 

If the NOA contains unfair or penalty charges, it will be invalid. These will also invalidate the Default Notice, rendering the debt totally questionable...

 

Anything else they didn't do right? :p

 

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Cheers guys for the comments. So should a NOA have come from MBNA initially? I have sent them a SAR but had nothing yet.

 

I asked the solicitors, acting on behalf of Arrow, for a copy of the DN and NOA and that is what they have sent me.

 

Also received letter from the courts today I have a hearing for my set aside application on the 1st of June.

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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Docman, yes account number is correct I checked it.

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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Cheers guys for the comments. So should a NOA have come from MBNA initially? I have sent them a SAR but had nothing yet.

 

.

 

No - technically not

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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If the NOA contains unfair or penalty charges, it will be invalid. These will also invalidate the Default Notice, rendering the debt totally questionable...

:p

 

I thought that but I wasn't sure about the DN - if Reggie is gonna run the argument it'd help if he could refer to the law on it...is there a regulation or a case on the point

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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What I can't get my head round is I get a DN and a NOA letter from Arrow for a debt which was with MBNA and if I clear the arrears by the date specified no further enforcement action will be taken yet I need to contact their solicitors who are now acting on their behalf!!!

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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What I can't get my head round is I get a DN and a NOA letter from Arrow for a debt which was with MBNA and if I clear the arrears by the date specified no further enforcement action will be taken yet I need to contact their solicitors who are now acting on their behalf!!!

 

Technically MBNA can assign an account even if its' not in arrears HOWEVER Arrow would have to be in a position to operate the account...once its' been assigned Arrow could do a DN

 

I s'pose that one, of many issues, is can they do a DN and an NoA in the same letter - I'm not sure.

 

They can't do a DN before you've had the NoA (because up to that point they don't have any interest)

 

What does everybody else think?

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Technically MBNA can assign an account even if its' not in arrears HOWEVER Arrow would have to be in a position to operate the account...once its' been assigned Arrow could do a DN

 

I s'pose that one, of many issues, is can they do a DN and an NoA in the same letter - I'm not sure.

 

They can't do a DN before you've had the NoA (because up to that point they don't have any interest)

 

What does everybody else think?

 

If someone could offer advice on the above quote and is it definitely 14 days I should be given to pay the arrears in the default notice?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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The date of the claim will be on the claim form the Court sent you originally.

 

Doh!

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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The DN should give 14 days for the corrective action but don't forget that it's 14 days from receipt

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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IGNM, where is that stated?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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IGNM, where is that stated?

 

I'll find it and get back to you

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Another question, when an application to set aside a judgment is sent to the courts, do you automatically get a hearing or is at the discretion of the judge and only if the thinks you have a reasonable chance of success?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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Default Notice

 

By S88 (1)© of the Act, the date before which any breach can be remedied or compensation paid, must be stated in the Default Notice. By S 88 (2) of the Act, as amended by s14(1) of the Consumer Credit Act 2006 as from 1 October 2006, the specified date must not be less than 14 days after the date of service of the default notice. The 14 day period was also required by paragraph 3© of Schedule 2 of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Also received a Termination notice which was dated the 1st of December, from the solicitors, this is only 16 days after the date of the NOA & DN!!

 

The solicitors sent the letter to me as a word document which IMO was strange, it did have the Arrow logo on it though.

 

But have they sent it out too soon after the DN?

 

STRICTLY PRIVATE AND CONFIDENTIAL

Arrow Global, LLC

10th Floor

1 London Wall

London, EC2Y 5EZ

 

1 December 2006

Dear Mr

IMPORTANT – YOU SHOULD READ THIS CAREFULLY

Termination Notice

Re: AGLC , Reference Number: MBNA Credit Card

You have not complied with the Default Notice served pursuant to section 87(1) of the Consumer Credit Act 1974. As you have failed to rectify the default in accordance with the notice, your account has been terminated and the full amount owing is now due for payment.

The default amount which is due for immediate payment is.

In view of your failure to rectify the default, Eversheds LLP have been instructed to recover the sum of. You must contact Eversheds LLP to settle the matter on 0845 498 3472.

If you fail to contact Eversheds LLP and/or pay the total balance immediately, further action may be taken against you as set out in the Default Notice.

Yours sincerely

Zachary Lewy

For and on behalf of Arrow Global, LLC

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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Cheers Docman - I'm at uni at the mo...

 

Set aside the Court could order a set aside without a hearing BUT they almost always have a hearing

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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