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    • Hello dx100uk, After months of waiting for a response I finally got a reply and I must say it was the worst 4 months of my life the - fear of the unknown. So, they wrote back and said I was in the wrong BUT on this occasion they  would not take action but keep me on file for the next 12 months. It. was the biggest relief of my life a massive weight lifted -  I would like to thank you and the team for all your support
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    • Yup, for goodness sake she needs to stop paying right now, DCA's are powerless, as .  Is it showing on their credit file? Best to use Check my file. All of the above advice is excellent, definitely SAR the loan company as soon as possible.
    • Hi all, I am wandering if this is appealable. It has already been through a challenge on the Islington website and the it was rejected. Basically there was a suspended bay sign on a post on Gee st which was obscured by a Pizza van. The suspension was for 3 bays outside 47 Gee st. I parked outside/between 47 & 55 Gee st. I paid via the phone system using a sign a few meters away from my car. When I got back to the car there was a PCN stuck to the windscreen which I had to dry out before I could read it due to rain getting into the plastic sticky holder.  I then appealed using the Islington website which was then rejected the next day. I have attached a pdf of images that I took and also which the parking officer took. There are two spaces in front of the van, one of which had a generator on it the other was a disabled space. I would count those as 3 bays? In the first image circled in red is the parking sign I read. In the 2nd image is the suspension notice obscured by the van. I would have had to stand in the middle of the road to read this, in fact that's where I was standing when I took the photo. I have pasted the appeal and rejection below. Many thanks for looking. ----------------------------------------------------------------------- This is my appeal statement: As you can see from the image attached (image 1) I actually paid £18.50 to park my car in Gee st. I parked the car at what I thought was outside 55 Gee st as seen in image 2 attached. When I read the PCN issued it stated there was a parking suspension. There was no suspension notice on the sign that I used to call the payment service outside number 55 Gee st. I looked for a suspension notice and eventually found one which was obscured by a large van and generator parked outside 47 Gee st. As seen in images 3 and 4 attached. I am guessing the parking suspension was to allow the Van to park and sell Pizza during the Clerkenwell design week. I was not obstructing the use or parking of the van, in fact the van was obstructing the suspension notice which meant I could not read or see it without prior knowledge it was there. I would have had to stand in the road to see it endangering myself as I had to to take images to illustrate the hidden notice. As there was no intention to avoid a parking charge and the fact the sign was not easily visible I would hope this challenge can be accepted. Many thanks.   This is the text from the rejection: Thank you for contacting us about the above Penalty Charge Notice (PCN). The PCN was issued because the vehicle was parked in a suspended bay or space. I note from your correspondence that there was no suspension notice on the sign that you used to call the payment serve outside number 55 Gee Street. I acknowledge your comments, however, your vehicle was parked in a bay which had been suspended. The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief. The signs relating to this suspension were sited in accordance with the regulations. Upon reviewing the Civil Enforcement Officer's (CEO's) images and notes, I am satisfied that sufficient signage was in place and that it meets statutory requirements. Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I acknowledge that your vehicle possessed a RingGo session at the time, however, this does not authorize parking within a suspended bay. Suspension restrictions are established to facilitate specific activities like filming or construction, therefore, we anticipate the vehicle owner to relocate the vehicle from the suspended area until the specified date and time when the suspension concludes. Leaving a vehicle unattended for any period of time within a suspended bay, effectively renders the vehicle parked in contravention and a Civil Enforcement Officer (CEO) may issue a PCN. Finally, the vehicle was left parked approximately 5 metres away from the closest time plate notice. It is the responsibility of the driver to ensure they park in a suitable parking place and check all signs and road markings prior to leaving their vehicle parked in contravention. It remains the driver's responsibility to ensure that the vehicle is parked legally at all times. With that being said, I would have to inform you, your appeal has been rejected at this stage. Please see the below images as taken by the CEO whilst issuing the PCN: You should now choose one of the following options: Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of this matter, provided it is received by 10 June 2024. After that date, the full penalty charge of £130.00 will be payable. Or Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle, who is legally responsible for paying the penalty charge. Any further correspondence received prior to the NtO being issued may not be responded to. The NtO gives the recipient the right to make formal representations against the penalty charge. If we reject those representations, there will be the right of appeal to the Environment and Traffic Adjudicator.   Gee st pdf.pdf
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1st Credit letter : Limitation Act and its own Limitations


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Hello,

 

I received a letter from 1st Credit indicating I owe a large sum of money for a Credit Card/Bank Account .

 

The account is over 8 years old, and I haven't heard from the bank / debt collection company until now.

 

I think since I haven't heard from them, in these years, I could respond with reference to the Limitation Act 1980 stating the debt in unenforceable.

 

I have a question to ask, so I can be sure of my position.

 

1) I've moved flats 7 times since the last I heard from the bank; does the Limitation still apply if I haven't had any contact from either party because of this?

 

I have found on another forum, a piece of legalese within the act,

_

 

Section 32 of the Act:

 

©

the action is for relief from the consequences of a

mistake;

the period of limitation shall not begin to run until the plaintiff has

discovered the fraud, concealment or mistake (as the case may be)

or could with reasonable diligence have discovered it.

References in this subsection to the defendant include references to the defendant’s agent and to any person through whom the defendant claims and his agent

 

_

One poster claims that moving house without telling the bank can be seen as concealment.

 

Does anyone have any hard facts on this, and any advice as to how I should tackle this?

 

Thankyou

Edited by Ragandboneman
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IMO my immediate thought is stat bared as it is over 6 years since you have heard from them but im sure someone will correct me if im wrong.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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No, there is no need to worry, moving address will not be deemed as concealment, after all, you can't simply put your life on hold just because of a debt and the fact they might argue you were hiding:eek:

 

As you say, it is SB and the relevant letter should be sent to whatever DCA is chasing you for it.

 

The limitation act clearly states that the OC or DCA has six years (five in Scotland) in which to bring legal action (CCJ) against the debtor to recover the debt. Once this time has passed then the OC or DCA can still legally ask for payment but is unable to take any legal enforcement action to recover the debt.

 

Once a debt becomes statute barred it remains statute barred whatever then transpires. In other words the debt can never be legally chased through the courts again and nothing the debtor or any representatives do once the statute barring date has passed can alter this situation. So categorically the re-starting of the statutory clock can never occur in any circumstances after the debt has become statute barred so a debts new buyer does not gain any new rights or options but only has those the previous or original owner had when it was sold to them. No more no less period!

 

As to debt sales creditors or a debts owner are at liberty to sell a debt at any time at their discretion without recourse or permission / consultation with any debtor. So if this has in fact occurred all that’s required is you be formally advised this has occurred in writing either by the debts seller or the new owner but its usually contained in the first debt collection communication the new owner sends. So its almost certain that any new correspondence is completely legal and that they have the right to pursue the debt which you are just as liable for now as you were when you first took it on statute barred or not and they can do everything to recover it from you save taking court action as long as they do so in a such a way which can not be misconstrued as deliberate harassment.

 

Boo;)

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Brilliant replies - very helpful, thankyou.

 

So does the Statute Barred 'conquer all'?

 

If, in the instance, they can produce the original credit agreement (made 9 years ago at least), proof of letters they've sent to old addresses,

 

Does the Statue Barred Limitation make these 'angles' null and void?

 

Is my basic line of defense - 'too late', and no matter what they produce my position safe?

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You could wander the streets ringing a bell & shouting at the top of your voice that you owe the debt & they still wouldn't be able to enforce payment.

 

I wondered who that was making all that noise!:p

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks Guys as i thought.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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When you have moved, were you registered on the electrol roll?

 

i have to ask as they can get around limitation if you have purposely gone out of your way to avoid or hide from them

 

So if you were registered on the councils roll, you can simply blow raspberry's at them as it will be stat barred and should they allege you have tried to avoid them then you just say sorry but i was on the electrol roll and its their duty to carry out checks, its not for you to inform your creditors everytime you move

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Well this is certainly positive news, many thanks for everyones input, I am on the electoral roll.

 

If I pursue this course, will I effectively be 'asking for trouble'.

 

I imagine I will receive continual letters, stating what they believe I owe for the rest of my life, worse still, would it affect my credit rating forever - and go down as 'defaulted' - and even worse still, be handed over to a ragtime DCA who'll have bayliffs at my door?

 

I shall try and keep this thread up to date with their responses.

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Just send them the stat bared letter in post 3.

 

There should be nothing on you credit file as it should come off after 6 yrs you can check this by getting a credit report i think it is £2 via post or you can get a free credit report account for 30 days if you sign up with a card but with this remember to cancel within 30 days as you will be charged.

 

If they pass it onto another DCA just send the letter again in post 3

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Section 32 of the Act:

 

©

the action is for relief from the consequences of a

mistake;

the period of limitation shall not begin to run until the plaintiff has

discovered the fraud, concealment or mistake (as the case may be)

or could with reasonable diligence have discovered it.

References in this subsection to the defendant include references to the defendant’s agent and to any person through whom the defendant claims and his agent

 

The part in bold is the key information. Judges rule on what is reasonable for creditors to do as opposed to what they have actually done.

 

Look at at this way, if you were chasing some-one for payment and they did not reply to say 3 letters in a row what would you do? This is where the creditor does have to show they did check the address out with reliable resources. And more importantly where they failed to check it was their own fault.

 

May be worth having a copy of your credit report to prove the number of chances they had to know where you were, ie not only do council tax update so do other creditors.

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Thanks Makethemaktiv,

 

I'm just about to send the letter, though I have heard, if a Court Action has been started within any period, the Limitation Act is unuseable - and the DCA's are able to continue their collection.

 

Is this correct? If an action had been started and sent to the wrong address, effectively my 'Statute Barred' defense no longer applies?

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Thanks Makethemaktiv,

 

I'm just about to send the letter, though I have heard, if a Court Action has been started within any period, the Limitation Act is unuseable - and the DCA's are able to continue their collection.

 

Is this correct? If an action had been started and sent to the wrong address, effectively my 'Statute Barred' defense no longer applies?

 

 

if court papers were dilvered to a wrong address and judgement was granted in your absence, you would then apply for it to be set aside as you did not recieve any and this is when the balls rolls again you supply the status barred as defence.

 

Ida x

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I'm just about to send the letter, though I have heard, if a Court Action has been started within any period, the Limitation Act is unuseable - and the DCA's are able to continue their collection.

 

Not technically correct,

The court action or CCJ must be applied for within the first six years (5 in Scotland) of the debt occurring, the OC or DCA cannot apply or take legal action against you after this time period has elapsed, as the debt is SB.

 

If you want to check if you have a CCJ against you you can look here CCJs, court orders & fines - Search yourself and others - Trust Online

 

Boo;)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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More excellent replies; thank you. I hope this thread becomes useful to others;

I have two further questions relating to the SB Letter.

 

I've heard of people sending a postal order for £1 along with the SB letter; yet I can't figure out what that would be for? Wouldn't a DCA attempt to skew this as acknowledgement and payment?

 

I've also heard of people sending the original creditor the same letter too; is this recommended?

 

The advice so far here didn't mention this; would this be advisable?

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I've heard of people sending a postal order for £1 along with the SB letter; yet I can't figure out what that would be for? Wouldn't a DCA attempt to skew this as acknowledgement and payment?

 

Even if the DCA use the £1 toward the debt, if it is SB it wouldn't have any effect on the validity of the debt, once a debt is SB, it remains SB whatever then transpires, and nothing either they or the debtor does can ever change that:D

 

I've also heard of people sending the original creditor the same letter too; is this recommended?

No there is no need. Save the postage;)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...

Many thanks for the replies; I have now taken receipt of the DCA's first reply.

Looks like a fairly standard 'You have raised a dispute' & 'We'll contact our client letter'; of course - I'm hoping this is positive; as it would mean they have little reference to the original paperwork; which in any case, even upon production would be SB.

 

I'l keep the thread posted.

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