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    • Just a little something for consideration When a card is compromised, the replacements can be set up to automatically allow or manually re-add, old recurring transactions. The card issuer may ask you to confirm legitimate transactions which they would effectively 'migrate' to the new card Some do - some don't. Some staff on some cards seem to be entirely unaware/uncaring about this. Some card issuers expect you to sort it all out manually.   BUT if the leak is an ongoing lyca leakas it seems - as soon as you or your CC supplier give it to lyca/the leak source - compromised again     A note on security DONT use the same email or phone number for your banking as you do for sims etc. Although a bank eg santander leak would compromise this Infp seems to suggest that single/compromised multi factor authentication customers are priority targets, with more robustly secure cards being hit by 0.00 tests first Consider that the email address is one of the OTP recieving options AND one of the OTP security checks prior to sending the OTP - with the phone number being another So if they've got your card and email (same email for banking and end contact) - and you aren't forcing a phone OTP - you are compromised.  
    • Thanks for posting up the back of the NTK. The good news s that as it does not comply with the Protection of Freedoms Act, it means that you are not liable for the charge as the keeper as I explained in a previous post.  The PC fails for two reasons. The first is that it does not specify the period of parking. All it does is list the arrival and departure times of your car. Obviously that does not include the time taken to drive to the car parking space, manoeuvre the car into the space and later drive from the space to the exit. Nor does their times include things like getting kids disabled people out of and into the car as well as things like returning the trolley whilst still being parked. All of which can add a fair bit of time to the parking period which can then be subtracted from their ANPR times and makes your actual parking time a lot shorter than 118 minutes they seem to think it is. The second reason is that they failed to ask the keeper to pay Schedule 4 Section 9 [2][e]  (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges You as keeper are now in the clear which is a good reason for you to contact Sainsbury  stating that you are being pursued as the keeper when you are not liable under the Act as well as the oher things I suggested in my previous post. If you don't get it cancelled with Sainsbury this could drag on for months with endless letters unlawfully pushing the price up to scare you into paying.  
    • Brilliant! That's great to hear and honestly pleased I'm wrong, my advice was out of concern. I checked some of your previous posts last night and you've been giving great advice to others at times. Bringing a claim can be serious (counter-claims etc) and it didn't appear you were knowledgeable based on posts so far. Far from an expert myself, just interested and will try to help. I'll sit on the sidelines, best of luck with the claim!
    • Thank you so much for the advice  I will try and up my savings to £500 for the next 6 months. Although I do still have an uphill battle, I feel more able to deal with it.  I hope my experience with the cifas marker helps someone else who finds themselves in that quite horrible situation. It is a huge weight off my shoulders getting it removed.
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CCJ on old property, company say its valid - please help!


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Looking for some advice please......

 

I have a CCJ on my property in which I didnt receive the paperwork and it was served at my old address in March 08, I moved out in October 07 and had my property diverted for 12 months.

 

I have written to Largo who are dealing with this stating I have no knowledge of this debt etc.

 

They telephoned me today to confirm they are putting a letter in writing and that I do owe the debt.

 

A little bit of the background.......

 

Redcastle bought the debt in Nov 03 for a balance of £562.68. Apparently I sent letters to them in Dec 06, Jan 07, March 07 and Aug 07 offering a rate of £5 per month. I paid £25. The last payment was made Jan 08. Now I have no recollection of this so need to go through my bank statements and see what was going on.

 

Anyway the balance is now £760 and the are willing to accept £620 in F&F settlement - mmmm I think not!

 

They are expecting me to pay £64 a month to clear the debt over the next 12 months - again, mmm I think not!

 

What I want to know is, do I have a leg to stand on in getting the CCJ set aside given that the CCJ was issued after I moved? Also they say they have left various messages on my mobile over the past 12 months or so to which I have not returned.

 

Any advice greatly appreciated, thanks

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Hi, Loobyloo,

 

This link may be helpful to you:

 

Removal of CCJ's - Main Menu

 

I don't think you would get the ccj set aside solely on the grounds that you moved address - they have complied with the Civil Procedure Rules if they have served the court and you with the claim at your last known address. They will state that they had no other address and the court will probably accept this.

 

However, there are lots of angles to approach getting a ccj set aside, from disputing the enforceability of their agreement, to whether or not they sent you a default notice, (and if so, did it include charges, thus making it invalid!). I have had a ccj set aside, where I did not receive the court claim and I disputed the whole amount of the debt when applying to the court for a set aside. As soon as I did this, the creditor discontinued all proceedings!

 

BAE :)

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Hi, Loobyloo,

 

This link may be helpful to you:

 

Removal of CCJ's - Main Menu

 

I don't think you would get the ccj set aside solely on the grounds that you moved address - they have complied with the Civil Procedure Rules if they have served the court and you with the claim at your last known address. They will state that they had no other address and the court will probably accept this.

 

However, there are lots of angles to approach getting a ccj set aside, from disputing the enforceability of their agreement, to whether or not they sent you a default notice, (and if so, did it include charges, thus making it invalid!). I have had a ccj set aside, where I did not receive the court claim and I disputed the whole amount of the debt when applying to the court for a set aside. As soon as I did this, the creditor discontinued all proceedings!

 

BAE :)

 

Thanks for the email. You say I wouldnt get the CCJ set aside purely because I moved, but I know that this is a factor in having one set aside as I could say that I never received the summons.

 

If I wrote to the OC and they don't hold a valid CCA I could then argue the amount and have it set aside on the ground of now Credit Agreement?

 

Can someone with more legal knowledge help me out please as I am sure I will receive this letter tomorrow to look at over the weekend, thanks

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I would go for the set aside on the grounds that they could have known your current address, especially if you get a copy of your credit report and there is an entry from them doing a search..... caught another lot out with that one a while ago...

 

You can also contest that the payment in Jan 08 may not have been made as stated and that you were not at that point at the old address... so again they have put their feet in first - especially if you can prove via bank statements that the bank at that time knew your new address.

 

I would give it a good try and see what happens, some more help will be along soon.

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Hi Loo,

 

I did get a set aside on a CCJ because firstly a bill had been sent to the wrong address, and then the claim was issued and sent to the same wrong address. It was set aside and another hearing arranged but the other side then decided they would drop their claim for costs and just accept the payment of the original bill.

 

Obviously it all depends on circumstances, but you may get a sympathetic judge if you turn up with proof that you had moved.

 

Good luck,

 

DD

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I would go for the set aside on the grounds that they could have known your current address, especially if you get a copy of your credit report and there is an entry from them doing a search..... caught another lot out with that one a while ago...

 

You can also contest that the payment in Jan 08 may not have been made as stated and that you were not at that point at the old address... so again they have put their feet in first - especially if you can prove via bank statements that the bank at that time knew your new address.

 

I would give it a good try and see what happens, some more help will be along soon.

 

I don't think they have done a search on me recently, though there is one search on there that says "debt collector" but it doesnt say what DC is it :mad:

 

I have had to order a bank statement as they closed my accounts in error earlier this year so cannot go back to Jan 08 to see if this payment had been or was set up. What I have done is ordered them from 1st Aug 07 to 31st Jan 08 and this should cover all the payments they mention totalling £25 - hopefully there is nothing on there!

 

I do not recall any of this correspondence so they are sending me copies of letters that I have sent them :mad:

 

What would be my first point, shall I CCA Argos and then go for the set aside on these grounds assuming they do not come up with a suitable CCA?

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