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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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Aic


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because no one has posted on it for the last 5232 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

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Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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Smouk, You seem to want to butt in at every opportunity here. in my 2nd to last post would you not agree with any points raised?

You have distorted a few simple facts and chosen to run with the ill-informed media pack's take on it.

 

Also humour me and tell me what you do for a living? [i don't share your vanity] and hows your credit rating going? [i don't know, don't care TBQH] worried about the future? [My future is looking just dandy BTW] ha ha im beginning to enjoy this :D [strange boy]
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This thread is going downhill fast, and is in danger of being 'locked' which is no good to the op who started it :rolleyes:

 

Can we please refrain from anymore unacceptable behaviour or anti community spirit.

 

Thank you.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Guest INSOLVENCYMAN1

apologies Scott, just trying to help out Joolzy, something Bill & Smouk obviously forgot about.

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Hi, the OPs dilemma has been at the forefront of my mind.

As the DCA is now demanding full payment and has no doubt threatened legal action, the OP has a stressful time ahead. Having offered the DCA a reasonable and affordable sum (by way of a monthly payment) the DCA has refused this and demanded full payment.

Therefore the account (or the arrangement to pay) should be considered terminated.

To gain elligibility to legal enforcement the DCA/creditor will need to provide documents to the OP by way of disclosure.

One of these must be the CCA.

Unless the OP wishes not to contest the legal action.

If there is no CCA, then the OP will be under no legal obligation to continue making payments to this creditor/account. This is elementary law.

Payplan/CCCS/CAB/Insolvency service will not provide this info to the OP.

If the creditor cannot provide this particular document, then the lawsuit will fail.

In that instance, should the OP wish to continue making voluntary payments to the creditor, then that is to be commended.

The law of reciprocation (the golden rule) may prevail also.

 

As Insolvencyman1 correctly pointed out, there is good and bad advice in this forum, just as there is anywhere else.

 

It HAS to be the OPs choice to prevent a possible CCJ or allow it. I can only offer my own experience.

 

I do not wish to enter the moral argument (its against my religion), usury was theft and fractional reserve banking was also illegal, (unless you happen to be a bank!) until recently.

 

Bill

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Dear Joolzy,

 

This kind of stuff on your thread is totally unacceptable. I suggest you ask the site team (by hitting the red triangle) to delete most of the last postings). It's your thread, and Insolvencyman1's extremely rude comments are not appropriate here. CAG is not about making nasty, sarcastic remarks to other people on this site.

 

He has been incredibly rude and his last comment: "People who say they don't care about their credit rating usually live in council properties and sponge off the hardworking British public." is utterly repugnant.

 

This is a SUPPORT network.

 

And, Insolvencyman1, it's DANIELLA, not Dan, but you know that anyway :)

Edited by Desperate Daniella
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, cause right now your taking advice from people who have pay as you go mobiles and spend most monday afternoons outside the postoffice.

 

I'd rather take advice from them than someone who has no grasp of English grammar and who feels the need to SHOUT his username. Your/ You're??? And Post Office is 2 words.

Edited by CornishMaid
Don't want to sink too far - please tell me if I've been too rude ??
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im beginning to enjoy this :D

 

not half as much as we're going to

 

you're just the latest in a long line of trolls who get their backside well slapped and sent on their way with their tails between their legs,crying for their mummy

 

what really narks troll boys like you is that ordinary people know the law better than you and can make you look like the complete frozen brains with a personality bypass that you know you are

:lol:

 

come on-give it your best shot.....

Edited by 42man
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INSOLVENCYMAN1 - For a supposed insolvency expert, your spelling and grammar leave a lot to be desired.

 

On top of which, you've given the game away by wittering on about credit ratings and petty insults.

 

You have nothing further to contribute, and it's best for all concerned if you leave now.

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As an insolvency practitioner maybe you can advise some of the people in this forum ? Formal Solutions: Bankruptcy, Administration Orders and IVAs - The Consumer Forums If you genuinely were an IP wanting to help people out, the first place you'd visit on CAG was there, not 'hang out' on an AIC thread, especially as you state you are in Bath and have a Glasgow postcode !!

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Smouk, You seem to want to butt in at every opportunity here. in my 2nd to last post would you not agree with any points raised?

Also humour me and tell me what you do for a living? and hows your credit rating going? worried about the future? ha ha im beginning to enjoy this :D

 

I think you may find that those who dont do anything for a living are the one's having the last laugh..coz the country bends over backwards to help/assist them in so many ways ;)

Everything from getting council tax/rent paid for to getting food/clothes & goodness knows whatelse bought for them.

I can recall when i got made redundant back in 2004 that not only did i have thousands in redundancy money..but the system was giving me all sorts ranging from tax refunds to loads other things..i was having the time of my life :cool:

You do have to have some sympathy with the likes of Insolvency Man who obviously has a high flying career,squillions in his bank account along with a triple AAA credit rating..he's obviously having to work his ass off to fund the lifestyle of you spongers :p

Anyway....just on the topic of credit ratings...i think you'll find that credit files/ratings are not worth the paper they are printed on.

Its nothing but a myth built up by the industry that they actually mean/count for something - just like the DCA industry was built up over so many years on the same myth.

It will always depend on the company in question as to weather you get credit or not.

My credit rating has been minus a squillion for years now & has more marks on it than a whores backside, hasnt stopped me getting approved for things :)

Anyway - the troll has obviously put a bit of life into the forum, hasnt been the same since DWheeler vanished :D

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Yes I can confirm I sent a account in dispute letter recorded delivery which was signed for on the 21st April. Have heard nothing back yet. Can I just say I started this thread for help and advice and not for abuse. I do not live in a "council house" not that it would matter if I did and I have a perfectly respectable full time job. I'm just a normal person who due to circumstances beyond my control now has a debt which i'm happy to pay off but at an amount I can afford. I certainly don't appreciate the quite frankly childish comments and scare mongering. Thanks to those of you who are obviously genuine, to those of you who think all this is just a joke I would appreciate it if you would no longer post on this thread as I don't want it to be locked through no fault of my own. As I said, thanks again to all you genuine people who are helping me. x

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Hi Joolzy,

 

You are in the same position as so many of us on this thread - we know how easily circumstances can change. Everyone on this site is on your side and no-one is treating it as a joke, apart from ISM. CAG offers serious help. Unfortunately, every now and then a DCA troll appears on this forum and tries to pretend they are a really regular guy, just trying to help, and so on, so they have to be exposed for what they are, laughed at, and told to b***er off. Otherwise they just continue to stay on the thread and frighten the life out of people. He exposed himself as a DCA by all his nasty personal attacks on other posters.

 

Remember you have a legal right to see that agreement. Why would anyone apart from a DCA imply that you shouldn't want to see it? If it is not compliant with CCA 1974, you will be in a very strong position to choose how much you pay and on what basis. He is trying to imply that everyone on this site is trying to avoid paying - that's not true. The banks/credit card companies have proved themselves to be incredibly unreasonable in so many situations. Equally a number of them have very flawed agreements which mean that the account holder may have been paying far more than they thought they were signing up for.

 

I am so staggered by what I have learned about the tactics of banks/credit card companies in the last six months. CAG is a real education.

 

Hopefully he has gone for good now, and you can ask the site team to delete all the posts he has caused and get the thread back on track.

 

I'm sorry he chose your thread. He shouldn't be welcome anywhere.

 

Have a lovely weekend and ignore AIC/ISM.

 

(Hello, Guest. Are you from AIC too? If not, please be assured this is a very friendly forum, and we will stand up for you too against horrible DCAs. Start a thread and you will get the help you need.)

 

DD

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Thanks DD i'll have a relaxing weekend hope you have one too. I appologise for the rant earlier, it just made me so angry that some idiot like that is still out there trying to kick people when they're down. No more I say, let's fight back.JK

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Hi Joolzy, I second DD.

So long as you have legitimately disputed the account. there is no enforcement option available to the DCA/creditor.

If the DCA is aware that the account is in dispute, they should return it to the OC immediately, and cease collection activity. Chances are that this outfit don't understand English law very well, so consider reporting them to Trading standards if they continue to pursue you.

You could make "without prejudice" payments if you wish, it is your choice. A repayment total greater than 10% of the original alleged debt is profit anyway, so bear that in mind.

Should your alleged CCA magically appear, please ensure that the ink is dry.

 

Regards

Bill

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Thanks bill, if anything should appear i'll make sure the ink is dry but nothing has appeared yet, if it does you'll all be the first to know and i appologise again for the rant earlier on i'm just so fed up of all of this. they're called? ankers for a reason

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Guest INSOLVENCYMAN1

{EDIT}

 

Joolzy as previously stated these people have, no property, no assets, nothing to live for, nothing to lose, that's why they experiment with various laws to see what they can get away with.

However think about it this way; the banks and DCAs have access to land registry they know what your mortgage is and the know the average value of your property and a rough equity, they even know how much you pay per month on your mortgage and if you have any second charges etc if they feel its worth litigating against then you can guarantee they will do it.

{EDIT}

 

{EDIT}

 

A Bank can file for your bankruptcy for any debt over £750 so your running out of time.

 

All the best

 

MODERATOR NOTE- this post was clearly offensive and a direct breach of the site rules, do not post personal attacks on other members. any repeat will lead to account moderation

Edited by pt2537
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