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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case on this topic that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Should this ever happen to me, I will make an appeal at the first stage to avoid any problems that may occur at a later stage. Also, I continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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can a debt collection agency sell a debt whilst under dispute?


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Hi - I'm reposting this thread as I wondered if anyone had any answers for me yet.

 

My debt was sold by Blair Oliver Scott, without informing me even though I was making regular payments, to a debt collection agency in France, where I live. As recommended I wrote to the new collection agency requesting my CCA on 19 February 2009 and again on 2 May 2009. I heard nothing. Then on 22 September 2009 I received a letter from a new debt collection agency who had obviously bought my debt, even though the debt was still in dispute because I hadn't received the CCA. I wrote to the second company on 24 September advising them that the first company had failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement and also reminding them that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute, including selling the debt. I heard nothing until I received a letter dated 13 January 2010, along with a true copy of the CCA, from the second company giving me 4 days to pay the outstanding amount plus charges they have put on for fees, interest and penalties.

 

Any suggestions as to what I should do now? The debt was sold while in dispute but the new company has the original CCA. What is my position?

 

I would be grateful for any suggestions.

forumbox_top_left.gifforumbox_top_tile.gifforumbox_top_right.gifforumbox_left_tile.gifclose.gif Debt collection library Follow this link to our debt collection library.

This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly.

This library is work in progress and will be built up over the next few weeks.

17.03.09

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If an account enters a default situation owing to the failure of a company to supply a copy of the agreement, unfortunately this default only lasts until such a time that they can supply a copy of the agreement. Once they have supplied such a copy, the account once again becomes enforceable (so long as it conforms to the statutory standards).

 

There is much debate regarding what does and does not count as enforcement. My personal view is that selling the debt would be unlikely to constitute enforcement in the eyes of the court (but this is my view and I may be wrong).

 

Is there any chance you could scan in and post up the "agreement" they have sent you (removing all personal information) so that members can assess whether it may or may not be enforceable?

 

Cheers.

UF

__________________

I am a first year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. If you are in doubt, always seek professional legal advice from a qualified lawyer.

Edited by UnitedFront

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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Hi, thanks for posting them up. When did you take the account out?

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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OK well that looks to me that it has everything it needs to have to be enforceable.... but other members will be along shortly and may take a differring view.

 

Did you receive any default notices etc on this account? I am not too versed in this particular area, but I understand that an incorrectly formed default notice can render large parts of the debt unenforceable owing to unlawful rescission of contract - effectively meaning you can only be liable for the arrears up to the date of the default.

 

Again, other members with more knowledge about all of this will be along shortly to offer further advice.

 

In the mean time sit tight and await further responses.

 

Cheers.

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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