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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 on this topic 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. Should this ever happen to me, I will make an appeal at the first stage to avoid any problems that may occur at a later stage. Although, any individual in a similar position should decide for themselves what they think is an appropriate course of action. Also, I 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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Hello

I have cca next directory now twice and they have sent me two copys of there agreements but with no signature. They have admitted not having one with my signature and i never did sign anything. They say that they have answred my request by sending the unsigned agreements. The account was opened in 2005 and due to a decrease in salerly on maternity leave i was unable to pay what they asked for, so they hassled me non stop saying i was breaking my credit agreement!! so i requsted a copy of this fair requst. They have sent a letter telling me i used the store card and iam responsible for paying the ammount owed and they will record activity with the credit reference agency!! Any advice

Many thanks

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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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Hi,

 

Think it's either one or the other, if you argue there's no CCA a court would look on a charges re-claim as unjust enrichment.

 

You could always try, if they come up with the CCA, then re-claim the charges.

 

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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Hi

Next have sent a letter saying i have until the 22nd August to pay up otherwise it will be passed on to a third party!! They have admitted they have no signed agreement but will still collect the debt owed. It says on letter that debt collectors may come to my home. They say they have answered my request by sending me there t&c. What do i do if these people come to my home??? they have also sent a default notice!!!

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Hi, saffy.

 

I'll move this thread, too get more input.

 

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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Hi

Next have sent a letter saying i have until the 22nd August to pay up otherwise it will be passed on to a third party!! They have admitted they have no signed agreement but will still collect the debt owed. It says on letter that debt collectors may come to my home. They say they have answered my request by sending me there t&c. What do i do if these people come to my home??? they have also sent a default notice!!!

 

they will never come to your home, there are people on here that can direct you to the correct letter, which prevents them from doing so. it sounds like they are being very un-reasonable, i'm sure people here will be able to give you invaluable advice on this. Anyone??

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ok, use this template and send it to them, also print off some copies in case they totally ignore it, if a bailiff comes to the door (unlikely) give them this letter and close the door. obviously amend to suit:

 

 

Dear Sir or Madam,

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully,

 

_______________________________________

hope this helps :)

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  • 4 weeks later...

Hello

I sent the letter recomended and it has been ignorned! received a phone call from a debt collector today asking for money and threatening court action! Next have admitted not having a signed agreement and after checking all my statements i have paid a service charge every month so i have paid the balance prob twice over. Any help on what to do now would be appreciated.

many thanks x

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Hi Saffy,

 

I would CCA the DCA now and also send the letter regarding all communication to be made in writing. DO NOT SIGN THE LETTERS PRINT YOUR NAME.If possible do NOT speak to these people on the phone you will only end up distressed, if they do manage to contact by phone, be polite and refuse to answer the security questions. I would send the letters recorded delivery and then they have 12+2 days to produce a valid CCA or the account goes into dispute.

 

Good luck stay calm there are plenty of good people who will help you along they way on this site.:D

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Hi Saffy,

First of all..no "Bailliffs" will come to your door..they can only attend after a CCJ has been granted and only then if you fail to keep up with the monthly payments ordered by the court.

Take a deep breath and relax ....:) better?

OK..no signed credit agreement doesn't make the debt go away but it does mean that the debt CANNOT BE ENFORCED IN COURT . This is precisely why the lowlifes then huff and puff to try and scare you into paying anyway. Because they know they're on a loser unless they can panic you! So..don't panic! Simples :D

Send this to whoever is pestering you:

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

Amend it to suit and stress that no signed agreement exists for this alleged account.

It's entirely up to you what to do at the end of the day, but without a signed agreement it's all hot air. Take control and don't let them scare you.

Keep us posted :)

Elsa x

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  • 2 weeks later...
  • 3 weeks later...

Hi

Thank you Elsa for your concerns im fine little girl been in hospital so not been online for a while.

Well i have had a letter today from the dmc after receiving my letter which was kindly recomended, that they are returning the case to Next and can confirm no further action will be taken by them.

What will happen now? what will Next do?

Many thanks Saffy x

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Hi Saffy, which DMC are you with?

:!: Activ Kapital 2009 - £316 debt cancelled due to no credit agreement

 

:!: TNC Legal Collections (Swinton) - £61 written off due to complaint being upheld with the FOS

 

:D Be Happy and treat people exactly how you would like to be treated

 

:mad: Don't let people take advantage of you and stand up for your rights and beliefs

 

:p You only live once so don't take things so seriously

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Hi, saffy.

 

Think you'll just have to wait for Next to get in touch, I always feel it's a good thing when the account gets returned to the OC.

 

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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this nomally means they cannot produce an enforceable agreement.. sometimes oc write off debt..sometimes they resell to another dca, if they do this just send what is called bemused letter..basically saying account already in default and please crawl back under the stone you just crawled out from under...

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Hi Saffy,

Well done, that's a good result :)

As above, Next cannot enforce in court without providing a signed agreement. They may, as has been stated, pass it on but the bemused template letter should see any gutter lurkers off.

Just keep us posted - if they rear their ugly heads again we'll deal with it, but just enjoy the peace and quiet for now!

Sorry to hear about your little girl, hope she's OK now,

Elsa xx

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  • 3 weeks later...

Hi. Sorry im adding to this thread but cant remember how to start a new one :confused:

I have received a letter from Nationwide saying they will be withdrawing my overdraft due to poor management of my account ( never been over the limit) They want it paying back in full next week!! I contacted head office who said that if it is not paid i will occur charges and 18.9ear. I contacted my branch manager who sent me my application and on the box of overdraft facilty i have ticked no, but must have applied at a later date for the overdraft facility. My branch manager has said i have not signed anything for the overdraft and you do not need to. The overdraft is only for £250 but im on sat maternity pay at the minute and cannot afford this. Im happy to pay the overdraft back but not at once, and i dont want charges and high intrest rates. Collections department talk to you like dirt!! Any suggestions as what to do??

ps can someone tell me how to start a new thread???

Thank you x

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