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    • ps i doubt the PCN says macdonalds?? MET dont operate a reverse trespass car park for mc'd's parkers going to starbucks...(occupants left vehicle claim) they only do that for the starbucks part  i bet you parked in the starbuck side and walked to MCd's? dx    
    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
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mis-sold mortgage (with Endowment) in 1999?


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I was wondering where i stand with this.

 

I have a mortgage with a High Street bank which was taken out through a broker in 1999. I was persuaded to take an Endowment with it as i was promised a 7% return per year, which would pay off the mortgage and give me an extra amount to keep. Obviously this kind of return was not possible as i (and many others) later found out.

 

I stopped paying the Endowment a few years later and a few years after that, the insurance company paid me compensation (of its own accord) after they were fined by the FSA. The amount paid was about equal to what i had paid in total towards the Endowment, though it was compensation for mis-selling and not a refund of the payments made.

 

I remained on the interest only mortgage that i had with the Endowment otherwise i would have lost the 3 year introductory rate i got with the mortgage. When this ended, i stayed the same to offset the increase in monthly payments.

 

For the next few years after i stopped paying the Endowment, the broker kept getting me to sign up for other PPI's, otherwise they were going to charge me around £1,000 for the commission lost from the Endowment etc. This carried on for a while (with me taking out PPI's from them) until i told them to sue me if they want to as i don't require the product anymore. I was self employed during this period and it was around this time that i got into arrears etc with creditors which resulted in the debts spiralling.

 

Do i have a case against the broker for mis-selling me the mortgage because at that time Endowments promised all sorts of things? And then for continueing to pressure me into taking further PPI's on the threat of sueing me for their commission?

 

Then there is the matter of the mortgage being securitised which the bank has never informed me of but what can i do on this?

 

Thanks.

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  • 3 months later...

I don't know about the mis-sold endowment, because you have been compensated for that, but the brokers behaviour seems scandalous to me. How dare he sell you a duff endowment and then expect you to make up for him losing his commission!:mad:

 

PPI definitely I would say was mis-sold. I suggest you start a thread about that in the PPI forum and I'll move this to the Legal Issues forum.

 

Sorry it's taken so long for you to get an answer.

The Consumer Action Group is a free help site.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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the brokers behaviour seems scandalous to me. How dare he sell you a duff endowment and then expect you to make up for him losing his commission!

 

Yep, i have it in writing from them, that they're losing around £1k for the lost commission and expect me to cough up for it, or i can take other policies out. At the time in 2001-2002, i didn't have the money to pay them so just signed up for other policies, cancelled, signed up again, canclled, (a lot of these were unsuitable for me as i was self employed) and this went on until i told them to go ahead and sue me. It then stopped.

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Were the other policies all PPI?

 

It's quite unusual to get this type of thing in writing I think.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Yep, all the other policies were PPI, excluding redundancy cover etc (as i was self employed) but specifically including critical illness. They were in joint names as well, as the mortgage is.

 

I've written to the broker but as yet had no response (they are still trading).

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