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    • 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.
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AIC help!!


Tommojay
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A couple of months back i had my student bank account closed and my overdraft taken away (£1800) quickly followed by my current account (£500) all with Natwest. As i was a recently graduated student i couldnt afford to pay it off so the debt got moved to Triton.

 

I had been keeping up with monthly repayments with them fine, but due to arrears incurred the debt then went to AIC, (which i had no notification of).

 

So spoke to a man from AIC on the phone for the first time today and he told me that i had two options.

 

1. Pay half the debt within the next two days and the rest will be written off.

or

2. face litigation proceedings.:eek:

 

They would not agree to a payment plan, they basically want all or nothing.

 

I don't know what to do! please help!

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Never speak to them on the phone, they are professional phone bullies, and will tell any number of lies in order to get you to pay :mad:

 

Send them a "prove it" letter - there is no CCA involved, so asking to see one won't do you any good. Send it recorded delivery, and print your name, do not sign it. The alleged debt will then go into dispute when they get the letter, at which point they aren't allowed to chase you until such time as they do provide valid proof.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

Standard advice - send all letters by recorded delivery in case they "lose" them. Do not sign letters, just print your name, so that they can't get creative with Photoshop.

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Pay half and the debt the rest will be written off?? And I am Elvis Presley! Liars. If you pay anything at all, AIC sell the rest of the debt to another DCA as a matter of course. Banks now stink at giving graduates a chance to get on their feet and Natwest will be the losers because when you are on your feet you won't look their way again. Get that proof letter off and put AIC right in their place.

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Thanks for you help :D going to send the 'prove it' letter today recorded delivery and i'll just ignore the phone calls for now.

 

Any idea what kind of interest or extra charges i will be getting added onto the debt?

 

once i send the letter what will they do to 'prove it'? do they have a limited time frame within they have to provide proof?

 

Thanks again

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no not really time frame! interest and charges? well they arent supposed to add any..did you tell them they could? no!! remember even if they were stupid enough to take you to court. and they won, a judge would only order you to pay what you could reasonably afford, if you arent working this could be as little as a pound a month. inform dca when and if you get proof of yet what you can afford..remember its your money not theirs

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  • 2 weeks later...

Just thought i'd give an update of whats happened so far.....which isn't very much.

 

I sent the letter recorded delivery on the 9th and it was received and signed for the day after. Since then i've heard nothing, no phone calls or letters or anything.

 

So what should my next step be? should I just wait for them to get in touch?

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AIC tried the same [problem] with me, "please tell ,e your circumstances so that we (AIC) can convince our client to accept the offer" yeah I'm sure they want to help me! My advice, put the phone down and send them a notice stating all contact to be in writing, visits or calls will be treated as harassment.

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There seems to be a little confusion here about when accounts 'go into dispute'.

 

If you request information (eg. a copy of a credit agreement) then that is all you are doing. If the recipient fails to comply with your request then that is all it is - a failure.

If you want to dispute the matter on the basis of that failure then that is a separate step that you must take yourself. It is not automatic.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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i think in the letter sent it does state that the account does go into default once 12 + 2 days are reached...

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed Credit Agreement within 12 + 2 working days of a proper Consumer Credit Agreement request.

If you fail to comply with a legitimate request the account enters a default situation,

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I think you are agreeing with my statement : the sentence in your letter is the separate step I mentioned.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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I see what you are getting at.

If you just assume the matter will be in dispute at the end of the deadline then it won't as this is not automatic.

You have written a letter stating that the matter will be in dispute if your request is not complied with and hence any 'automatic' assumption is irrelevant. Many people do not mention the matter being in dispute in these circumstances and just assume it will happen automatically.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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  • 2 weeks later...

debt is in dispute..you can send another letter telling them so if you want to..they cannot ask for payment..they cannot enforce payment..they are not supposed to sell it on...but dca's do..but that is easily dealt with...

 

Dear xxxxx

 

Your Ref xxxxxx

 

I do not acknowledge any debt to your company or to any company you claim to represent.

 

A request for my Consumer Credit Agreement (Consumer Credit Act, 1974) was made to xxxxxxx (name of company) on xx/xx/xx. Since you are now in serious default of my legal request.

 

In the meantime, please be aware that no action can be taken against a disputed account and this includes the following :

 

You/your "client" may not demand any payment on the account, nor am I obliged to offer any payment to you.

 

You/your "client may not add any further interest or charges to the account.

 

You/your client may not pass the account to any third party.

 

You/your "client" may not register any information in respect of the account with any of the credit reference agencies.

 

You/your "client" may not issue a default notice related to the account.

 

In addition, please be awre that your recent telephone calls (delete if N/A) and letter to my home could, under the Administration of Justice Act 1970 section 40, be construed as unlawful harrassment in the absence of such an Agreement. As you claim in your letter to have been "instructed" by xxxxxxx, please note that any court claim regarding harrassment would be brought against both xxxxxxx and yourselves should this be necessary; since you would be complicit in this action (delete if N/A).

 

You may therefore consider this letter a statutory notice under Section 10 of the Data Protection Act 1998 to cease processing any data in relation to this account with immediate effect. This means that you must remove all information regarding this account from your own internal records and from any records with any credit reference agencies. Should you refuse to comply, you must within 14 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a legal right; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

I look forward to a favourable response within 14 days of the date of this letter, informing me that on this occasion you have made a genuine mistake and that you files are now closed. Failure to respond favourably however, will result in me reporting this matter to Trading Standards, Office of Fair Trading, The Financial Crimes Branch of HM Treasury and any other authorities as I see fit.

 

I look forward to your reply in due course.

 

Yours faithfully,

cut and use as appropriate

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  • 4 months later...

Ok new update,

 

Just started getting calls today from a company called Frederick International, so I'm guessing they've bought the debt off AIC. Still not received a single letter off AIC or Frederick International, not answered the calls from the latter yet either. What do you think i should do?

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  • 3 weeks later...

Just received some angry letters from Fredrickson International Limited informing me that i have to settle the full amount within the next 7 days otherwise they 'will take immediate action'.

 

They say immediate action would involve the County Court or the Sheriff Court.

 

There's no way i can pay it in full, what are these guys like when you speak to them on the phone?

 

I wouldn't mind entering into a reasonable payment agreement but if there anything like AIC were they're probably not going to be to into that idea.

 

Don't really know what to do.

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