Jump to content


  • Tweets

  • Posts

    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

CRA's and previous addresses


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4629 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 83
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi,

I can see it on page 6 (part 11)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

you mean this,

 

Page 6 Part 11 of the ICO Guidelines on Filing Defaults with Credit Reference Agencies States:

Accounts should normally be filed in default where those payments due have not been received for six months.

 

Yes. ( I do know of one creditor who defaulte later than that)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

The ICO Guidance permits creditors some flexibility on filing. Does this extend to WHEN defaults are filed?

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

Link to post
Share on other sites

I think the flexibility issue is where a debt problem is out of the 'norm' (arrangement to pay, payment break)

Where a debt is 'cut and dried' then I don't believe much leeway can be given

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

And have you had to wait long for the ICO to respond? That's a big problem imo as I have been waiting 9 months for a complaint I lodged last year to even be allocated.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

Link to post
Share on other sites

I don't actually expect them to do anything really, the markers already been removed from my CF.

 

I will be lodging a cheeky compensation claim though very soon.

 

Hopefully it will just be another black mark against a certain DCA's name.

Link to post
Share on other sites

I will be lodging a cheeky compensation claim though very soon.

 

 

Have you actually incurred any loss? Does that need to be established...? I'm not sure...have read somewhere its a £1K claim for every item of inaccurate data recorded but not sure if this is correct.......................

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

Link to post
Share on other sites

as the debt star says, you need to demonstrate that you have actually suffered some damage.

 

Although cerberus quotes the Kpohraror case above, what actually happened in that case is that the bank bounced the guys cheque when he actually had the money in his account. His claim for damages was based on the fact that the bank returned his cheque telling the people he had purchased from that his cheque had bounced.

 

I would suggest that you might not get very far with this unless you can demonstrate that, for example, you have made a credit application that was turned down

Link to post
Share on other sites

I would suggest that you might not get very far with this unless you can demonstrate that, for example, you have made a credit application that was turned down

 

and of course proving that an application is turned down because of what's on the credit report could prove difficult, if not impossible, to establish.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

Link to post
Share on other sites

IMO the ICO is a waste of time. I have always bypassed them and gone straight to a LBA. I know this goes against good practice, but if you have to wait a year or more to get a decision and then, despite very clear evidence of offences being committed the ICO rules against you, what is the point?

Link to post
Share on other sites

After the 6 years has expired and the default has dropped off my CF, are DCA's still allowed to carry out searches on my CF? I was under the impression that after 6 years they no longer had any right to process my data?

Link to post
Share on other sites

After the 6 years has expired and the default has dropped off my CF, are DCA's still allowed to carry out searches on my CF? I was under the impression that after 6 years they no longer had any right to process my data?

 

They can search you i think - and of course continue to pester you for the rest of your natural life. What the creditor cannot do is record any further adverse data in relation to that account. But searches are another matter...

 

I think I'm right in this but stand to be corrected.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

Link to post
Share on other sites

Agreed. But I suspect they will not be soft footprint searches and will show on your files. There should only be one search per DCA anyway, otherwise you will have to write to the data manager at the DCAs.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

Link to post
Share on other sites

I'll write to the CRA's, they know full well DCA's are not allowed to do table 1 searches. Failure to remove them or allow repeated searches will be met with legal action.

After 6 years from the date of default I'll also serve Section 10 notices on any DCA's processing my data, if ignored they will also be challenged in court.

Link to post
Share on other sites

I review my credit files weekly to see what's going on. All sorts of crap gets put there and you need to keep on top of it and get it taken off. I honestly don't care if Experian get sick to death of my emails and 'phone calls.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

Link to post
Share on other sites

  • 6 months later...

I recently sent Equifax a £2 cheque for my credit report which has been confirmed as cashed by my bank. This was sent mid September and the cheque cashed late September. To date I have still not received my report. I was under the impression that the CRA had 7 days to send my report?

 

If anyone has a contact telephone number so I can pursue this I'd appreciate it.

Link to post
Share on other sites

I recently sent Equifax a £2 cheque for my credit report which has been confirmed as cashed by my bank. This was sent mid September and the cheque cashed late September. To date I have still not received my report. I was under the impression that the CRA had 7 days to send my report?

 

If anyone has a contact telephone number so I can pursue this I'd appreciate it.

Link to post
Share on other sites

0844 41 46 073

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Go to "Saynoto0870" do a search for Equifax and you'll find a list of alternate numbers

 

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...