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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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Advice need urgently with my debt


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s77 Fixed sum credit such as loans, s78 Running account credit such as credit cards & catalogues and s79 Hire agreements.

 
 

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If in doubt, you should seek the opinion of a Qualified Professional.

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  • 4 weeks later...

UPDATE: I have now heard from 3 of my 4 cards.

 

1st one - has replied with a signed application form, up to date terms and conditions and a copy of my most recent statement.

 

2nd one - has also produced a signed copy of my agreement and has also sent a default notice, which seems to be in order with regards to dates etc. but no copy of the oft form. I need to pay the arrears on it by tomorrow.

 

3rd one - is saying that they can't respond to my letter because I didn't sign it and that I have to phone their specialist tean. They need to do this to protect the security of my account.

 

Should I phone them all and make a token monthly offer of payment?

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Hi Buzzard

 

No phone calls. Not ever.

 

Make copies of everything you have received, on the copies delete personal details, not forgetting little codes and bar codes that exist in the margins that can be used to identify you and get them posted up here.

 

I am not an expert but going ONLY by your comments:

 

1st One: An application form is not necessarily an agreement, up to date T&C's do not apply to your original agreement as it is years old. You should be given the T&C's current at the time you took out the agreement. Could well be they have failed to comply with your request.

 

2nd One: An application form is not necessarily an agreement. May not have complied with your request.

 

3rd One: As far as I am aware there is no legislation specifically requiring your signature, so this is their problem. However, there is nothing in my view to stop you sending a recent utility bill with an accompanying UNSIGNED letter saying you wont provide a signature or communicate other than by written means but the bill should be sufficient to demonstrate your identity. Currently they have not complied with your request.

 

Wait for more CAGers to come on here and amend my suggestions.

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I shall get them scanned in today.

 

I made a mistake on the '1st one', I put that they had sent me 'a signed application form' that's what it looks like, but I have just noticed that it says 'credit agreement' on the top of it, but then there is also a seperate 'credit agreement' sent to me, which makes me think they have simply added the wording 'credit agreement' on to the app form. Let me know what you think when I post it up?

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Hi Buzzard

 

No phone calls. Not ever.

quote]

 

They have phoned numerous times, but I've never answered.

 

Here are all the details sent from the '1st one' I have deleted my signature too in the application fomr, but it is there!

 

Hope they all come out ok. There are 8 althogether so I will post some on next post.

Untitled-1.jpg

Untitled-2.jpg

Untitled-3.jpg

Untitled-4.jpg

Untitled-5.jpg

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Just jumping in here, with regard to their 'request' for your signature. You can respond that they have already chosen to discuss 'your' business with 'you' at 'your' address, so if they feel that is all that is required to meet their requirements under Data Protection Protection rules so it works both ways!!

 

I have not put that clearly but I am sure someone who is familiar with the 'template' for this response will be along shortly.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Thanks for that Zingy, however after reading through it I noticed that it says "Further, I note that you have sent statements and correspondence containing sensitive private information to me at my address as that detailed in my s.78(1) request. If you are concerned that you are corresponding with the correct person I wonder why you have not verified the information before." but I have only just changed address and they haven't sent me anything at my new address.

 

Shall I just delete that paragraph and the one after it?

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Thanks for that Zingy, however after reading through it I noticed that it says "Further, I note that you have sent statements and correspondence containing sensitive private information to me at my address as that detailed in my s.78(1) request. If you are concerned that you are corresponding with the correct person I wonder why you have not verified the information before." but I have only just changed address and they haven't sent me anything at my new address.

 

Shall I just delete that paragraph and the one after it?

 

 

That depends on what you have received from them. If you've received any information relating to this account with your address on and account information then use that, or if one of your other accounts is the same creditor then you could adapt the above paragraph and include the details of the other account.

 

Otherwise, I would just delete the paragraph and send recorded.

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