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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. And, I also continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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Is there anything I can do?


MissBlue
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I have been contacted by several debt collectors within the past 6 months, regarding a debt of £532 owed to Lloyds bank. In one letter from the collecton agency they say you have had this money to spend, its only fair you pay it back. They are presuming it was an overdraft.

The truth of the matter is i stopped using the account when Lloyds failed to cancel a direct debit on the date i requested. Leaving me with a charge for not having enough in my account for the direct debit to be paid. I complained to them at the time askng the to drop the fee, as i considered it their error for not doing as i requested and stopped using the account. This all happened back in 2002 and i had not heard anything from them since until now and i find that this one charge has escalated into over £500.

 

I have tried explaining this to the agency via the telephone but they say they are just following clients instructions.

Are the debt people allowed to do this? just ask for money when its not owed, i have tried phoning Lloyds but they say they dont keep records of how and why a debt has occured, only of how much the debt is.

 

Am thinking it could possibly be caused by the overcharging business that was all in the news a while ago- could this be the case? It definately was never an overdraft, as i was a single unemployed mother at the time, a position that they would ever have agreed an overdraft to - I know this for a fact as i did apply for one twice when i was in dire financial straits but merely got laughed at

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Hello and Welcome, MissBlue.

 

When was the last time you made any sort of payment towards this 'alleged' debt ?

 

Regards.

 

Scott.

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

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

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I never knew i had this debt until feb of this year, So i have never made a payment (and do not wish to as i feel i do not owe them)

 

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

statute barred :lol:

sent them this if its from 2002

 

SAM:pLOWELL DETESTER

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Hi,

From what you say, the "debt" is statute barred anyway (no payment or acknowledgement in 6 years or 5 years in scotland)

 

Tell them to go forth and multiply. Actually don't, we don't want more of them :D

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Sound, then this 'alleged' debt will be well Statute Barred............

 

Send them this letter M from this link..........(Recorded)

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Some info on Statute Barred debts................

 

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

 

* in simple contracts (credit cards, loans, etc.), 6 years

* in contracts under seal (mortgages), 12 years.

 

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

 

To sum up, basically once a debt becomes statute barred it is up to the debtor whether or not they wish to pay the debt. A debt can not become unstatute barred.

 

So once you tell them the debt is Statute Barred, that should be the end of the matter :)

 

Forgot, Good morning, MissBlue.

 

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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And that letter I would send to the collection agencies?

 

And they would have to accept it? or is it merely down to their discretion?

 

Thank you for this adice

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Once a debt is Stat Barred it stays Stat Barred, they know this and hope people don't know the law regarding Stat Barred debts.

 

Send them the letter, get proof of delivery and they should go away ;)

 

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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send the letter to the collection agency or Lloyds?

 

So i send them the letter(with proof of posting) then i can follow the fox's advice and give them the mutiplying line :lol:

 

Wil this have an effect / black mark on my credit record?

If Yes, how would i get that put right?

 

So sorry...so many questions, and such a small box

 

Thank you:smile:

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God, your worse than my wife :p

 

Like sam says, send it to the Debt Collector, it will not affect your Credit Record.

 

Have you checked your file.

 

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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lappy trouble there:D

 

send to the latest collector(begger)

 

if any thing had been placed on your file it would have fell off by now(7 years)

 

after you have told them its statute should be the end of.

report them if they try it again.

 

yes send recorded.and keep your postage /signed for proof.

SAM:pLOWELL DETESTER

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Right have got all that :D

 

wil be sorting today :D

 

Thanks to Sam,:wink: I will double check on the dates - just to make sure....

 

 

and thanks to Scott

 

Me??....Worse than your wife?? :eek:

 

I must admit .......

 

Yes i probably am8-)

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