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    • 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...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Notice of Default


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Thanks for the reply Viscount Stair.

 

How does this affect someone that has purchased the debt. If the original creditor did not issue a default notice, how does the affect the new owner of the debt and his ability to recover?

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It depends on whether the agreement was ever terminated by the original creditor or some other repudiation has taken place.

 

Provided that the agreement has been terminated/repudiated, then no DN means the purchaser cannot enforce either (apart from any arrears outstanding at the time of the termination/repudiation).

 

After termination/repudiation, it is too late for a DN.

 

However, some creditors keep the agreement alive and the purchaser does too.

 

I take it you never got a DN. Did you ever get a termination notice or a demand for the full amount owing?

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Viscount Stair (or anyone else that can help).

 

The account belongs to my wife. There is no record of a DN. However there is a letter from a company called RMA, acting on behalf of the original creditor advising that the account is "cancelled due to non-payment" and requesting full payment. The account is subsequently recorded as being assigned to Cabot who are currently demanding payment of the full balance. If Cabot are the rightful owner of the debt and no DN has been issued by either the original creditor or Cabot, does this mean that Cabot can not now enforce the recovery of the full amount with the account now being "cancelled"? Am I reading your response correctly?

 

As my wife is now being required to defend a County Court Claim do you happen to know what jurisdiction can be relied upon in respect of the above.

 

Additionally can anyone advise on the following. The claim referred to above has been issued by Cabot Financial (UK) Limited although the debt was purchased by Kings Hill (No 1) Ltd. The assignment confirms that as the Group's servicing company, Cabot Financial (Europe) Ltd are entitled to recive money on behalf of Kings Hill (No 1) Ltd. Is the fact that the claim has been issued by a company that does nor form part of the assignment, albeit part of the same group, grounds for a defence that the claimant is not entitled to payment?

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Have you done a SAR at all??

 

If Cabot have computerised record print outs showing that a DN was issued on a certain date then I think this might satisfy a judge as regards service, even if you didn't receive it.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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No Subject Access Request, but I have now requested full disclosure of all information they rely on in advance of the case being heard.

 

Ok, excuse me if I'm stating the obvious here as I'm not sure of what specific information you asked to be disclosed. However, I would also be asking specifically for a copy of the CCA , DN and termination details.

 

I take it you've requested CPR disclosure?

 

You see, they may just be relying on copies of statements to prove that the debt exists and will not bring to light, unless forced, any deficiences in their documentation.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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