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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
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lowells claimform - old M+S Card debt***Claim Discontinued***


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Hi,

 

I started my fight with credit cards early in 2008 by unfortunately using an agent who acted on behalf (stupid I know), he has now gone walkabouts so I am carrying on myself.

 

 

I had an M&S money credit card which was opened in 2006 and during the time the agent was looking after the letters etc a credit agreement never appeared.

 

 

I started receiving letters from DLC with regards the debt and I sent the a CCA request in which they have now returned a signed copy of the agreement and a statement of transactions.

 

 

I have also received a letter from ScotCall Debt Collecting Services with a doorstep collectionlink3.gif notice, are they linked with DLC?

 

Can anybody please advise what I need to do next

as I have no idea if the agreement is enforceable or not, my signaturelink3.gif is there and it is dated.

 

Also looking at the statement of transactions M&S have added a substantial amount of interestlink3.gif onto the account since it was originally disputed are they allowed to do this?

 

Sorry one more thing,

how do I know if the debt has been sold to DLC as I have never received a letter from M&S stating this?

 

 

Thanks

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Thank you for looking, thought that may be the case. Yes I do have a copy of a default notice m&s sent in 2008.

What should I do now as I have no way of paying the balance in full!

Thanks

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You will have to send the original creditor a SAR to find that out, but the good news is the DN is defective, they allowed you 14 days from the date of the notice for you to remedy... they neglected to allow for postal service, so if they've sold the debt or demanded payment of all the monies they have unlawfully rescinded the agreement and are only entitled to the arrears at the time the default notice was issued. ;)

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If I end up paying the arrears am I entitled to ask them to remove the default notice from my credit file?
Depending on what the sar shows up but it is possible that you will not have to pay a penny + you will be able to demand the removal of the default and possibly have a claim for compensation.
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The latest letter I have had from scotcall states "your above outstanding debt has been placed with scotcall" could this mean it has been sold and they hav'nt properly informed me?

Also should I send them a letter telling them I am sending m&s an sar to get them off my back as they are threatening a doorstep call?

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Hello Skyblue

 

Write back to Scotcall and ask them to state exactly what they mean by 'the debt has been passed to us'. You may also want to write to the OC to confirm what the exact position is from their view point but perhaps the SARN request to the lender will bring that out.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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A doorstep caller is nothing to worry about when/if they come just tell them your not intrested and close the door. There is nothing they can do. They mean nothing.

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A doorstep caller is nothing to worry about when/if they come just tell them your not intrested and close the door. There is nothing they can do. They mean nothing.

True, but it's the fact that it can be intimidating for some and also that the lenders will add a charge for that 'service' to your account - and charge interest for it of course.

 

Be mindful also that a doorstep visit from the lender, when a debtor appears to be in difficulty makes them 'look better' in the eyes of the regs should a complaint later arise. It makes them look like they've tried to 'improve' the situation.

 

But yes agreed, doorsteppers can certainly be ignored as far as I know...

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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  • 1 month later...

i,

 

I have now received a bubdle of paperwork from M&S which did arrived within the 40 day limit.

 

 

The documents they have enclosed are;

- another copy of the signed agreement,

screen prints outs detailing all transactions, payments and all contact.

 

 

There are a couple of copies of the more recent statements but no copies of default notices or Notice of assignment.

 

 

Do I need to send M&s another letter requesting this?

 

 

Thanks!

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  • 2 weeks later...

I have checked through the sar and it is very difficult to understand because a lot of if is in code but no it doesn't seem to have any mention of the account being sold on.

 

 

I havnt received anything from them since the sar,

is there anything else I need to do at moment or just sit tight and see what comes through next?

Thank you all for your help so far!

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