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    • Hi All, newbie here, hope I'm doing this correctly.   Two years ago the wife was using my car and bought a ticket in a train station car park and displayed it on the dashboard. She returned to find a parking charge notice from Excel. It was a very windy day and it had evidently been blown on the the floor of the car as she left. It did not have a self adhesive part to stick to the window. I subsequently followed their online claim procedure and sent a copy of the ticket but the claim was refused. A couple of days ago I received the County Court Business Centre claim form in the post after presuming it would go away after not hearing from them for about a year (the usual threatening letters from debt recovery companies etc).   I wish I had paid the original £20 as this has been a big worry and hassle, but I just ignored most of the letters after reading stuff online. Obviously I want to dispute the whole of the claim but do I have a decent defence? I would cite the fact that the only reason the ticket was not displayed was that it could not be stuck to the window.   Any help and advice would be greatly appreciated.   Name of the Claimant : Excel Parking Services   Claimants Solicitors: Unknown   Date of issue – 08 July 2020   Date for AOS - 27 July 2020?   Date to submit Defence - 10 August?       What is the claim for – Breach of contract - parked without clearly displaying a valid parking ticket in Brewery St car park, Chesterfield on 02.07. 2018. Defendant has failed to settle the outstanding liability and Claimant seeks recovery of of the parking charge notice, costs and interest       What is the value of the claim? £185.00
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    • Can I just ask only because I do panic about stuff like this.  More because of the affect it has on my husband.   In 2014 when my husband was at his worst and NatWest got the charging order on our house (which was then repossessed) we had to stop using our NatWest bank account which we did.  When we signed up for credit reports in January we noticed our NatWest bank account was being reported on a monthly basis so we decided to close it.  My husband and I went into a branch and closed it.  We had 4 accounts, 1 for everyday banking and 2 savings and 1 was the loan.  She said she could close the 3 accounts but obviously not the loan.  She said she’d transfer the money from the 2 savings into the main bank account and give us the money then shut all 3.  We were gobsmacked when she gave us over £1000.  We never thought we had money in the accounts.  Can this be used against us?  The 3 accounts are now shut and marked as settled on our credit file.
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Stephan56

No CCA No Enforcement? Clarification

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I thought I had understood this, but now maybe not so sure. Would like clarification.

 

If it 100% accurate to say "NO CCA produced = No ability to chase or enforce payment under any circumstances"?

 

I got into problems in 2004 and have been making payments to CC companies and DCAs on a monthly basis even since, albeit only deminimus amounts.

 

I learned re CCA and SAR strategies though this forum a couple of months ago and did CCA to all DCAs. None have produced anything. Is that it? Is it game over for them (unless of course they produce the CCA sometime in the future?

 

Or is the fact I have made payments in the past (and even after I learned no CCA) some kind of ADMISSION of the debt that they could use to get a judge to enforce it EVEN IF they produce no CCA?

 

I had understood a judge COULD render a CCA valid (if one was produced, signed by both parties, but somehow the terms etc were not clear) but that NO MATTER WHAT if no CCA produced which is sgined by both parties, then that is the end of it.

 

I appreciate a CCA cannot "chase me" if no CCA produced, but does that stop them going to court (and potentially prevailing) on the basis that, while there may be no CCA the debt is still valid and enforceable (in court) as by making payments etc I have ADMITTED it?

 

I know judges can "do what they like" but just looking for the general rule here.

 

I suppose going to court and trying to enforce would be akin to "enforcment action" and precluded as no CCA (a catch 22 for the CCA) but I am not so confident.

 

I had convinced myself that with no CCAs produced I was in an unassailable bargaining position vs the DCAs. Is that indeed the case - notwithstanding payments and/or admission of the debt?

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yes the game is techinally over as they cannot prove anything.

 

Yes they may play the moral card yes they can take u to courts but u can ask a court to order compliance for the cca via a CPR 31.14 request.

 

Tho no cca does put u in the power to bargin with the company. Get a SAR request sent out @ the cost of £10.

This will help with ur bargaining as u can see what charges they have applied to the account then make a payment offer based on that eg you have a balance of £1000 and there are charges included in the balance to the effect of £750 you could take that off and make a offer of £25 as a f+f on the account with conditions like no one will chase for the rest of the money. credit referance file cleared. etc.

 

They may say no we will only accept this much but u could always counter there offer with summing higher like £30 pounds withthe same conditions etc.


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Thanks for the response. This is EXACTLY the position I am trying to get into so I can strike a deal.

 

That said, in one case, where they claimed £1,500 but had no CCA etc, I offered them £170 in full and final IF they cleaned up my credit report, showed a zero balance, and marked credit file as "Satisfied" - but they did not accept. Instead the passed it (sold it?) to another DCA.

 

Surely if a DCA bought the account for 10% then they would have sold it on for less, say, 6% (maybe less if no CCA). Why would they not accept my £170 offer and be done with it?

 

For me the goal is to ensure that I "clean up my credit file" and I am willing to "pay" for that. If they have no CCA they will never get anything. What stops them accepting reasonable offers (10-15%, say, of amount claimed) to write off debt and clean up credit report?

 

Anyway, I have always paid SOMETHING every month, to everyone, to retain some "moral high ground". I may be broke but I try to do what I can.

 

Thoughts on the above appreciated

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greed is what stops them they want as much mony s they cnget.

 

Stand ur ground and pay as little as u can.


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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