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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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old capital one debt


luce72
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Can anyone help me decide what to do about Lowell finance sending me threatening demands for a capital one debt that does not appear on my credit file? I stupidly applied for (and was accepted!!) another cap 1 credit card recently.

 

Thanks in anticipation..

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Hi, luce.

 

How old is the debt and when was the last time you made any payment to it ?

 

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.

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RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hope im replying in the right way!! New to this!

Debt is about 8 years but i think i cleared it and ran it up again in 2004.

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Do you have any idea how much in charges you have paid on the Account.

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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I dont have a clue but i do know my limit was no where near the amount they are now looking for. I have read alot about cca requests and the like but i have horrible luck and i am worried about starting something out my depth!! But i am in the process of trying so hard to sort out the mess that my credit history was in and dont want lowell to mess it up. Any idea why its not showing on the credit report now?

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Hi,

 

I'm not sure why it's not showing up on your Credit Report :rolleyes:

 

If you think there are plenty of charges, send Cap 1 a Subject Access Request, total up the charges, then claim them back.

 

I won a claim against them a while ago, and they seem to always pay out when you send them court papers.

 

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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I thought it was very bizarre too for them to give me a new account but i have moved home continously for the last few years and i thought that because it was so old it had been 'forgotten'! I had thought the new account had flagged up where they could track me down to get the old debt cleared but all that does nt make sense really.

So what could happen if it is statute barred? Anything? Do I ignore these letters or go ahead and ask for a subject access request. This bleeding thing has been driving me crazy and i really want it dealt with finally. Waking up during the night thinking about lowell flipping finance!!

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A SAR would determine a number of things; the first whether there is in fact an enforceable agreement in place....which would be doubtful as we are talking about Crap1 here, it would show when the last payment was made therefore whether it was Statute Barred or not. Finally, if it were enforceable you would be able to determine the amount of unfair charges you could claim back thus reducing the amount they are claiming. This request would have to be made to Crap1 not Lowells.

 

However, after saying all of the above, I think it would be wiser at this stage to send a CCA request to Lowells first to determine whether there is in fact an enforceable agreement in place. Besides, it would be £9 cheaper to do. ;)

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Cerberusalert-

 

Thank you very much for your help and advice. Exactly what i have been looking for. Waiting for ink to send off a letter. See what happens.

 

All the best,

Luce

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