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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Paid F+F to CL on GE Edge card debt - now won't remove default


Melbel
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why not just call the number withholding your own and see who answers "Hello its Mr Peter Smith you left a message on my phone earlier who are you" get the drift, but don't give any details as they are probably phishing

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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could be Optima Legal

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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just rang it - "offices are now closed open mon-fri 8am-7pm" but no mention of who the company is, obviously don't want you to know

 

I don't agree, they've left their number, hardly the tactics of a company trading anonymously. DCA's are usually in your face.

I reside in Dawlish Warren but am not a rabbit.

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Yes you are correct, it was Abdul from the Lewis Group....

Who Calls me updated:

http://whocallsme.com/Phone-Number.aspx/01274853850#pGjdsQQcjUwBGdAjMP-bB7A

Edited by Bazooka Boo

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hiya all.

 

Sorry i couldnt reply properly before - was in here on my phone.

 

I did call them back and was gonna hang up but was on hold for yonks so gave in and thought i'd ask here.

 

I do have a live account with Lewis group - no problems, been paying them by standing order for months. I wont be contacting them anyway. Thay can write to me if it's so important

 

Thanks all

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  • 7 months later...

Hi all

 

Yet another situation to pick your brains over.

 

I have a small debt which has resulted in yet another lovely default on Credit Report.

 

I am paying and have been paying the token £1 per month for quite a while now.

 

They have asked me if i can up the payment to £1.20 (which i can)

but then i got thinking, maybe i should just offer them percentage and settle the debt on the understanding they remove the default.

 

Ok - so i only owe £132, from what i've read on here, 15% is the going rate for settlements however £19.80 doesnt seem a lot to get them to settle this debt.

 

Should i go up higher or stick to the 15 %???

 

Thanks in advance... :cool:

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It is with a DCA, i have been paying them the £1.

 

The OC issued the default against me.

 

 

Hi Mebel

 

If the debt is with the OC [ original creditor ] then you could try & offer 50% of the debut on condition they remove the default from your credit file.Might be worth a try, as my old grandma used to say ... " if you don't ask, you don't get".

 

good luck

 

Middxx

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Unless they are going to wipe your CF you aren't going to gain anything.

so make sure they agree to this in exchange for 2 years worth of payments, £24 if they refuse send another letter offering £20 :D

Having said you won't gain at least you won't have the aggro of making the payment every month.

good luck

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Hiya Middxx

 

The debt is now with the DCA, it has been for a couple of years i think.

 

I could stretch to 50% but will start lower to give myself haggling space. from what ive read in here 5-15% is the going rate but that's probably for much bigger debts. i was just wondering what would be a decent starting point...:)

 

Hardup, thats what i'm going to do then.. do i ask for it in writing before i pay (the wiping of the CRA)?

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have you made sure they agreement is enforceable?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I Havent even done that dx i thought as its small maybe i should just get it out the way.

 

Do you mean check its enforcability and perhaps use that as a bargaining tool??

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Yes that is what DX means, sorry I always presume this has been done.

But in my opinion if you can be rid for £24 then all the letter writing postage and ink is saved on but its your call,

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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  • 1 month later...

Update

 

I have received my CCA from them, its got a company called Edge as the heading. It is also titiled ''credit Card agreement'' even though this was finance in a shop for stereo equipment and the original Creditor is CL Finance.

 

It has my signature etc and looks ok.

 

I have no Default Notice

 

Now, I am going to make them an F&F offer to remove the default. On the baisi they have the agreement should i offer 15% bearing in mind this would only equate to £19.65?

Edited by Melbel
mistake
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Upon closer inspection, it appears the cca could be unenforceable.

 

There is no credit limit (even though they mention changing it from time to time)

The paperwork has highlighted bits missing where they are supposed to fill in info such as my address, interest charges etc..

 

CL finance have defaulted me and sent me the CCA although the agreement was between me and GE money.

 

I think I will point out the flaws in the agreement along with a 15% offer

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  • 10 months later...

Morning Caggers

 

I had a small debt worth around £122 with CL Finance which was being pursued by the Lewis Group.

 

To cut a long story short, I CCA'd them and told them the agreement was unenforceable and offered them a percentage in F&F settlement to remove the default and close the account.

 

They disagreed the CCA was unenforceable (surprise surprise) but agreed to the F&F settlement.

 

Great, so I pay the percentage as promised on the last week in April. Checked my credit file yesterday and they have removed the percentage off the debt but not settled the account!!!

 

Obviously I need to write to them but I was wondering is there a standard letter or wording I could use and also, what do I threaten them with??

 

Is this a common thing with DCA's and how long should my file have taken for it to show as settled?? I noticed it had been updated on the 26/5/11 so Im assuming the 'settled' should have easily showed by now?

 

thanks

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