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    • OK.  So you lent your car to a friend in 2019 and he racked up three parking tickets that he tells you he didn't know anything about(!).  You were the registered keeper (RK) at the time at your family address, but you got chucked out and could not change your RK address with DVLA because you were homeless.  You knew nothing about the parking tickets and enforcement action until you got a bailiffs' letter passed on to you.  You made an Out of Time (OOT) application in respect of one PCN but Birmingham CC objected to it and the traffic court rejected your application.  A solicitor helped you make OOTs in respect of the other two PCNs but you don't yet know the outcome of those two applications.   Is that the situation you are in?   dx100uk thinks you can resubmit the application saying your friend was the driver.  I don't think saying that will help as the driver is irrelevant.  It's the owner who is liable to pay the charge and that is the RK (unless the RK is a car hire firm).  I assume you are not a car hire firm so you are stuck with the liability, not the driver.   Whether you actually can resubmit an OOT once one has been rejected I do not know, but why not try.  What did the solicitor put on the applications they helped you with?  Did you not ask their advice about the rejected application while you were with them?  I think you would have to say something to the effect that you never received any paperwork in relation to the PCNs because you had been chucked out of your home and because you were homeless you did not update your address at DVLA.  That is the truth isn't it?  You don't want to lie on the application.   To me that's a good reason for you not doing anything about the PCNs, but I suspect that Birmingham CC will object again and that the traffic court will reject again.  And, as I said above, I don't even know if you can submit a second OOT application in respect of a PCN if the first has been rejected.   So it looks to me like you might be a bit stuck.   Unless dx100uk, or spaceman61, or another poster with expertise in local authority PCNs comes along I'm not sure what you do.   If you get no more helpful suggestions here you could try on National Consumer Service.  If you do go there, do not register with a hotmail address.  You will also need to provide them with a timeline of everything for all the documents you actually have, and you will need all the facts and dates etc at your fingertips.  And make sure they are accurate.   http://forums.National Consumer Service.com/index.php?showforum=30   And get your friend to contribute to paying off the PCNs.  Do you believe he really knew nothing about them?
    • To enjoy the protection offered by s.75 CCA 1974 for a credit card payment, you must pay over £100 and under £30,000 for the goods or service (even if part payment for a larger total amount).
    • Hi Charlie and welcome to CAG   As an Executor, you have a duty to insure the property and tell the currect insurer of the passing of the deceased.   Most insurers will refuse normal contents cover on a house left unoccupied beyond 60 days. So, unoccupied, the home will not be insured against break-in damage, theft, flood, accidental damage, etc.   You may be able to obtain FLEE insurance covering only Fire, Lightening, Explosion and Earthquake. It may cost more than usual contents cover  because the home is unoccupied, even though the level/amount of cover is less than for an occupied home.   As said here already, an Executor would be wise (or indeed have a duty) to remove valuables from the home if you have somewhere safer to store them pending Probate, distribution, sale, etc.   I hope if you can explain the insurance risks to YB and assure him that you are not taking items just for your own benefit, he may see sense.   Please keep us updated ............
    • yours is not the next move   dx  
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Payday Loans - Cancel Debit Card??? **


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When you send in the letter etc., why dont you include a Crossed Postal Order for the amount you are willing to pay?

 

Bub1

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You go into the post office and ask them for a crossed postal order for the amount you want. You will have to pay extra for the postal order but it is worth it. You can either have the name put on it who you want it payable to or you can write it on yourself.

It is like a cheque, but with a postal order you have to buy it.

 

Bub1

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When you get the postal order you will get a receipt for it with the postal order number on.

Also, send it Recorded Delivery. Put all your receipts with a copy of the paperwork you are sending.

That way you have a complete record of everything.

 

bub1

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Hi Toadface

 

I'd suggest starting a new thread in the Welcome section, there are a lot (and I mean a LOT!) of people there who could help but won't see your thread here.

 

If/when you do it would be worth mentioning if it is HP/loan/secured etc. amount borrowed/paid/owing, duration, arrears etc. these all have a bearing, also, do you have PPI or any other form of insurance from them. Be as complete as possible, including posting images of agreements and correspondence (minus identiying info).

 

Hopefully see you there and you will get a lot of Welcome specific advice.

 

T2

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Sorry to bring this back but I had a Payday loan and cancelled my card (a number of times) and spoke to the bank and they did not stop the money being paid.

 

The bank said that once the company have a form with my cards details on, etc, a prepayment of sorts, and the firm claims the money then they have to honour the payment.

 

So, there are firms out there, I agree, where they have not claimed the money because i have stopped the card, perhaps they are not aware of this "loophole" but I can assure you this one firm were able to take the money and the bank did nothing to stop it. They said was in the terms and conditions of the card use, etc (i did not check this but they were extremely convincing (?))

 

Hence me being O/D on the account with added bank charges ( because I moved all my money out in time) of which I laughed at when i saw them considering this site!

 

So, be very wary, there are circumstances where they will claim money. I have posted a thread on this but got limited help but thought I wouldn't due the weirdness of it.

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this is interesting

so the banks are saying they have to honour payments with an old debt card and the firms have your details to usei

 

thats called a continiouse credit authority,

you have to sign it

 

companies keeping card holders details is a no no

dpa and banking code

 

the bank has no defence in allowing payment on a cancelled card

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Echo (very loudly) what sewing kit has said - the vast majority of them will try and claim against card details and it will not matter that you have closed the account/cancelled the card. Some have come to an arrangement quickly but presume those that do not may well attempt to take money from your cancelled card/closed account!

 

Now postggj raises a term I have had quoted at me before - by both bank and pirate company! The thing is that although they set the payment up like this I know a number of the "agreements" upon which this is based do not mention continuous payment authorities! Are we heading for a heap load more unenforceable agreements?? (we can hope! :p)

 

Toadface - hi, worth persisting on insisting that Welcome provide you with accout details to pay them - I got someone at my local office "the account manager" to do this (eventually) as refused to pay by card - told them they were preventing me from paying them and would ensure this was highlighted if they proceeded any further with action against me. Worked quite quickly together with highlighting that they were delaying any payment of their liability because they insisted I payed them by a method which I was unable to do.

 

Best of luck all

MJC 007.5 :cool:

 

Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

 

:) If you think I have helped you please feel free to click on my scales :)

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Hi everyone,

 

though tid post an update of how things are going. recieved a hpone call from QuickQuid last night, but i wasnt home. emailed them today to ask to set up payment plan, my offer was £12 per month.

 

I again asked that they not phone me at home or at work and that any future correspondance be in writting.

 

email I recieved back:

 

Dear XXXXXXXXX,

Customer # XXXXXXXX

Thank you for contacting us to inquire about how to pay off your balance. By signing your loan agreement, you agreed to the Terms and Conditions outlined in the 'Consent to Electronic Communication' section. Therefore, we are within our rights to contact you via phone.

The payment plan we can offer is detailed below.

£_62,00________due 10/08/2009

*Current loan balance £250,00 due on 28/08/2009

To confirm your agreement to this payment plan, please reply to this email stating that the terms are favorable. You must include the original email with the terms to which you are agreeing in your response.

Once we have heard back from you, we will set up the agreed upon debits to come out of your bank account or be charged to your debit card.

Collection procedures will continue until an acceptable payment arrangement is made.

If you have any queries, our Collections Department is here to help.

 

 

There is no way I can pay this amount per month to them. they have a copy of my monthly expenditure so they can see how much i have left to pay creditors.

 

It also seems like they are wanting the remainign balance paid at the end of this month. and that the outstanding balance would be £250 after the £62 payment. this is more than I would have been paying!!!1

 

It was one payment of £50 then, £250 the next month!

 

 

should I email them back asking them to reconsider the amount, not sure what I should do now

 

 

Thanks

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I Have this with QQ they say they will accept 3 payments over 3 months and they are not a contract lending company etc., this is in email.

 

Just keep writing back to them that what they are asking you cannot do and they know what you can afford, if you can do into your account and change your contact details eg: phone.

 

I did say to them that if they continued to phone I would report it to the police as harrassment the calls have stopped for now, but the emails havent.

Just keep replying back with what you have done that is what I do, you always get the same email back from them but with a different persons name on the bottom.

 

Just keep at it.

 

Bub1

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Hi Toadface,

 

As Bub says I think main thing is just keep replying with what you can afford. Ideally if not already you want their bank account details to pay by standing order (postal order if you have to) but not cheque, direct debit or card payments - they will clear you out.

 

Phone contact - the template letter on this site amended to suit - as long as you are making an offer to pay and keeping in touch (by email in this case) you are within your rights to insist on all in writing (and indeed can present this as being to their advantage as well so there is a record of what the naughty debtor has done ;)). Practical steps would include using an internet based line that they can only leave messages on (you can therefore log calls and ignore), on the mobile setting all the numbers in their own contacts group (suitable ringtone for all so you know when to ignore - imperial war march from star wars here but amend to taste) or if you can afford it the truecall (not able to myself but reviews are rave!).

 

On the numbers you give looks like they are effectively either attempting to make you pay charges then the loan principle or worst still extension fee and charges (both of these a serious no no - customer has advised in difficulty, attempts to arrange repayment plan and gets told not acceptable but you can extend the loan!). I think complaints will be in order to relevant bodies (FSA, Trading standards ? others) and a CCA request (followed by dispute of charges, request for complaints procedure).

 

Main thing will be stick to your proposals (no formal authority will give them more if you have done a viable I&E), no phone contact (unless confirming you are getting what you want - even then followed up in writing) and do not let them have any bank details (you control the repayment method and amount).

 

Keep at them ;)

MJC 007.5 :cool:

 

Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

 

:) If you think I have helped you please feel free to click on my scales :)

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