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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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Hi just hoping someone could give me some advice please. I requested a copy of the credit agreement with Grattan catologue and they could not provide it so I put the account in dispute. A few days ago I received a letter from them saying" after reviewing the account they will not be pursuing the debt and no further collections activity will be taken but the details of the account will be registered with a credit reference agency." Can anyone advise me if they are allowed to still register this debt with the credit reference agency and if not is there a letter I can send to them. Thankyou in advance for your help.

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Unfortunately both the ICO & FOS seem to agree that even though a CCA may not exist the OC is still entitled to register information with the CRAs. You could try sending a s.10 notice http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980 also see; Knocked back by a DCA on a Sec 10 notice? - The Consumer Forums

 

Another method is to offer a full & final settlement with the proviso that any defaults are removed from your credit file. Remember tho' a default only remains on your file for six years from when the a/c went into default (five in Scotland).

Anthrax alert at debt collectors caused by box of doughnuts

 

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Unfortunately both the ICO & FOS seem to agree that even though a CCA may not exist the OC is still entitled to register information with the CRAs. You could try sending a s.10 notice http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980 also see; Knocked back by a DCA on a Sec 10 notice? - The Consumer Forums

 

Another method is to offer a full & final settlement with the proviso that any defaults are removed from your credit file. Remember tho' a default only remains on your file for six years from when the a/c went into default (five in Scotland).

 

I understand this practice has recently been challenged and a judgment will be handed down shortly.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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another way is to reclaim any charges on the account to see if that will clear the balance

 

ida x

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Thanks for your replies which I found very helpfull. I have another problem now though, Grattan sent the letter on 28th september saying that they will not be pursuing the debt and no further collection activity will take place on the account and today I received a letter from EOS Solutions saying the account has been passed on to them and demanding payment. I rang EOS and explained that Grattan were not pursuing the debt but they didnt want to know. Can anyone tell me what I need to do now. Thankyou in advance.

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Send EOS this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute enclosing a copy of the letter from Grattan. If they continue to pursue make a complaint to Trading Standards & the OFT.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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