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    • OK thanks for that.   I have no prior correspondence with EXCEL and therefore have not admitted being the driver. As it happens, I wasn't.   They have not responded to my initial request for documents and therefore I have no details on planning permission. I guess I'll assume and assert that they haven't in the absence of them providing proof to the contrary.   Meanwhile, I've had a letter from EXCEL offering a reduced payment. I will attach this.   I'm wondering whether I should ignore the letter or respond. I will not accept the offer.   
    • Thanks for all responses I’ve been looking at other threads and now feel totally confused as I’m scared of actually having to go to court as I have no idea how to defend this! Torn between just setting up a payment plan and not wanting them to win! 
    • Thanks so much!    1. on planning permission my WS says: The signs did not have planning permission under the Town and County planning.  I have an email stating there was no planning permission from the council. The signs do not fall under deemed consent.  * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the  county court to determine planning permission.   2. Excel are trying to say I’m dishonest.  Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   This is Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge    Q Any comments?      Their WS states that I alleged I received no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside and part of why it was granted. Evidence was provided at that time. Q Is this going to come up again?    *Also they question how I would be able to comment on the signs if I’m not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous.    I state that photos will be provided in my bundle. I actually haven’t submitted any but I do also know somebody who had PCN from the same carpark,   He gave me all his evidence etc, Mr Booth and he won his case. I linked to the parking pranksters article on it.  Q So is it ok to use such websites and to use photos from someone else?    Thanks    I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply   This is the link to Mr Booth case who won on the signage  Also the PCN is completely blurred and illegible in their WS evidence  Is this another point?    I have his his email regarding planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent     http://parking-prankster.blogspot.com/2017/01/excel-parking-v-booth.html?m=1   He had a number of lines of defence, but focussed on the poor signage in the car park. Excel Parking used BW Legal who hired a local solicitor to turn up. She wasn't that well prepared and had not bothered to bring printed copies of the case. When the Judge asked her to refer to defence photographs provided of poor signage she used her phone. Mr Booth admitted that he never bought a ticket - but this was because he never saw the signage signage in the first place and so no contract was entered into. Excel provided pictures of the signage, date stamped for August 2015, but the event was in March 2015. They also provided at the last minute a witness statement from the landowner stating he gave authority, date stamped September 2015. The PCN they sent in their Witness statement was a photocopy and completely blurred and illegible. Mr Booth's arguments were that; 1. Poor signage - there were "staff only" parking signs on the building wall next to where he parked - he questioned the claimant's right to sue someone parked against these bays 2. He questioned their authority to act on behalf of the landlord 3. He questioned whether the signage had planning consent. The Judge followed this through with Excel's representative: "Did they have a contract which said these bays were exempt or not exempt from Excel issuing tickets on the vehicles parked? As Excel had not bothered to supply a copy of the actual contract, the solicitor could not confirm either way. Regarding. planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent, and that there was no planning application on file. The judge said if Mr Booth had only brought this point up he may have found differently. The judge clearly had doubts about the signs where any reasonable person would think the same and that the "staff only" signs would not lead them to think there was a requirement to buy a ticket. He took a recess for 10 mins then made his judgment. Claim refused - the parking signs cause confusion , and there was prof there was a contract which allowed the charges claimed. He went on to state that he was staggered that serial claims companies like Excel do not take a photo of the signs at the time of erection. Why do they wait until litigation to take photos. There was no evidence that the signs were there at all on the date.    
    • Not anymore now that the right have manipulated voters into voting for a conservative dictatorship.   All of what you've said is just another worrying aspect of what the future holds 
    • Just like all the rubbish spouted over the past 4 years, would, would, would.  What you really mean is COULD.    
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mighty sword

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I have not checked my credit report yet - but at some point, probably later this year, will be looking at getting a mortgage, so will nbe getting hold of my report in August / September

 

my questions;

 

1 - I have defaulted on a few payday loan payment dates and one hight st loan (Oakham)

 

Is the default itself going to show up on my file and if so how long does it stay there - and what is the likely impact on my credit score?

 

2 - I had a CCJ around 5-6 years ago from Barclays - they closed my account down - credit card fees- I can't quite remember exactly when the CCJ itself was 'passed' . Is there any way of fidning out exact court dates? I would have thought that the information will be held somewhere..

 

3 - What is the diff on my credit file between a CCJ and default notice?

 

 

Thanks for any help.

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I have not checked my credit report yet - but at some point, probably later this year, will be looking at getting a mortgage, so will nbe getting hold of my report in August / September

 

my questions;

 

1 - I have defaulted on a few payday loan payment dates and one hight st loan (Oakham)

 

Is the default itself going to show up on my file and if so how long does it stay there - and what is the likely impact on my credit score?

 

2 - I had a CCJ around 5-6 years ago from Barclays - they closed my account down - credit card fees- I can't quite remember exactly when the CCJ itself was 'passed' . Is there any way of fidning out exact court dates? I would have thought that the information will be held somewhere..

 

3 - What is the diff on my credit file between a CCJ and default notice?

 

 

Thanks for any help.

 

 

I am in a situation with argos card services at the moment as I have found out they have put a default on my account after i paid the amount in full, there were other reasons before hand but was never told of a default. i have now found out a default will stay on credit file for 6 years and will show up on all credit checks done by any other lender. I would also be greatful of any help from others in what to do next. Thanks and good luck

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You can get a copy of your credit file for free on certain sites. I would advise that you do this so then your mind will be put at rest.

 

Defaults are kept on your credit file for 6 years and then they are removed.

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Hi,

 

If you have been issued with a Default notice and they have marked your file, It will stay there for a period of 6 years, whether you pay it off or not.

 

 

Your CCJ will appear on your credit file for 6 years (if it takes you more than 6 years to repay the CCJ, the creditor will re-register it with the credit reference agencies). However, your credit rating will already be affected by the fact you have not paid the contractual payments, which has resulted in you receiving a CCJ. Your CCJ won't show on your credit file if you pay it in full within 30 days.

 

If you manage to clear the CCJ within 6 years you can write to the credit reference agencies enclosing a "letter of satisfaction" from the issuing County Court to have the entry marked as "satisfied" on your credit file. This may be useful if you are applying for a mortgage, for example.

 

Regarding whether a Default is worse than a CCJ, - with a CCJ you can settle within 30 days and have it removed, or pay it off later and send in a form to have registered as 'saisfied', however, with a default you can't do anything except submit a 'statement of correction' to explain the circumstances around the default which lenders must take into account when they view your credit file.

 

Regards.

 

Scott.

Edited by maroondevo52

 
 

Any advice I give is honest and in good faith.:)

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

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You can get a copy of your credit file for free on certain sites. I would advise that you do this so then your mind will be put at rest.

 

Defaults are kept on your credit file for 6 years and then they are removed.

 

ok when you say free do you mean you mean you pay a month and then cancel it, or is it totally free?

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Remember, when you search your credit file, your details will be given to other agencies, which sometimes ends up with more people than you may wish, getting in touch with you, regarding old debts ect.


 
 

Any advice I give is honest and in good faith.:)

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

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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If you have been issued with a Default notice and they have marked your file, It will stay there for a period of 6 years, whether you pay it off or not.

 

 

.

 

 

thanks - do you know the likelihood of a payday loan company marking the file with a default notice for missing one payment?

 

I am negotiating a repayment plan with them currently, so if they didn't mark the file with a default notice in January, would they do it at a later date ?

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No its free :-) but you just have to remember to cancel before the month is up

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No its free :-) but you just have to remember to cancel before the month is up

 

Is this Experian?

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Remember, when you search your credit file, your details will be given to other agencies, which sometimes ends up with more people than you may wish, getting in touch with you, regarding old debts ect.

 

I thought when you searched your own file it didnt put any mark on your own file? That is also what it states every time i check my own file. :-| Now im annoyed. Or is it just the score that wont be altered when you check your own file?

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I thought when you searched your own file it didnt put any mark on your own file?

 

Hi,

 

I know the last time I searched my file, I received calls from companys regarding very old debts, also DCA's 'phishing' looking for someone with the same surname as me who must have stayed in the same sort of area.


 
 

Any advice I give is honest and in good faith.:)

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

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Oh i see. Well i dont live at the same address or have the same phone number so that may be why i dont get anything. But it is still my parents address so id assume that they would tell me if they had blithering idiots on the phone :rolleyes:

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thanks - do you know the likelihood of a payday loan company marking the file with a default notice for missing one payment?

 

I am negotiating a repayment plan with them currently, so if they didn't mark the file with a default notice in January, would they do it at a later date ?

 

 

could anyone please help with the above question?

 

I have negotiated a repayment plan for two high st lenders (Oakam and National cash Advance) - both said that as yet there has not been a default notice on my credit file - as long as I stick to the plan.

 

I am in the process of getting my Equifax credit file but need to send some documents in, so am waiting on this.

 

I know it is probably down to the individual companies, but does anyone have experience re; payday loans? As I said, I have only defauled the one time.

 

thanks

Edited by mighty sword

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CCJ's remain on your file for 6years only if you satisfy them before the 6years is up or it will be renewed and you'll have another 6 to go. Defaults will totally screw your credit rating, never heard of a payday loan company placing a default. As for looking at your file that does not leave a 'footprint' so you can look at it every day if you wanted. your credit file for example may have 20 searches on it but other companies may only see a few searches as searches for id arent seen by them. all credit searches are shown so keep this to a min if possible. the higher the cred searches the lower your score.

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CCJ's remain on your file for 6years only if you satisfy them before the 6years is up or it will be renewed and you'll have another 6 to go. Defaults will totally screw your credit rating, never heard of a payday loan company placing a default. As for looking at your file that does not leave a 'footprint' so you can look at it every day if you wanted. your credit file for example may have 20 searches on it but other companies may only see a few searches as searches for id arent seen by them. all credit searches are shown so keep this to a min if possible. the higher the cred searches the lower your score.

 

re; default notices from payday loans - is this from your own experience? or have you seen other credit reports also?

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