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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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Can this default be removed?


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Hi there, I would like to thank anyone in advance if they have any positive comments about my situation. First of all here is the details from Experian:-

 

ENTRY NUMBER: C3

Name:

Address:

Date of birth: 10/12/19 Company name: HUTCHISON 3G UK LTD Account type: Communications Started: 30/06/2005 Default Balance: £322 Current Balance: Satisfied

 

Defaulted On: 25/09/2008 File Updated for the Period to: 12/12/2008

 

The story , and it is a good one, goes like this.....In 2005 I had recently finished university and started to work abroad for a large energy service company in the oil and gas sector. I had started a mobile phone contract with Hutchison 3G on the basis that if all bills were kept as I remember and a couple of other rules then you recieve a rebait in the 3rd, 6th and 9th month I think. Anyway it was a personal contract as the company had said I could choose the phone I wanted and they would pick up the bills. This one seemed very inviting with the 3G technology and the great price. Now for the duration of my using the phone the bills were paid fine until such a point that my employer chased the rebait which formed part of the contract. Now this apparently spiralled and I only found out at a much later date that no rebait was awarded due to paperwork not being returned and so there was a dispute over the bill itself. I was never told any of this, and was issued a new company phone and told that contract was stopped. About 3yrs later! I returned back to the UK to find that a default had been put on my credit file. At that point I didn't want or need credit and I thought after I paid it immediately that the default would be marked as satisfactory and it would cease to be a problem. I obviously did not understand and now the default apparently will be with me until 2014!!!! for a mere 322 pounds. Now however unfair it seems to me, I do not believ that the law, as it stands in on my side in anyway, and I am not sure the best way to proceed and if it is indeed possible to convince the company to lift the default given the circumstances. I personally had debts at uni, but ironically enough I worked every hour god sent to have them all clear and was never late with any credit inc mortgage etc my whole life right up until this one well and truly slipped through the net. I also now have a baby on the way and it is absolutely imperative that I clear this in some way to provide for my family. I will reiterate this 322 pound bill is the one and only blemish on my credit record and incidentally I also own 75% of my property and will have a 50% deposit for the next property I hope to purchase.

 

It also appears if I had never paid off the debt (which isn't really a consideration even if it was the company debt and not my own) then it would be off next year. But because I paid the debt in full in 2008 it is 6 years for THEN that the default stays, this makes no sense at all and the rules should be changed.

 

Any response would be much appreciated. I am offshore just now but could probably get more detailed information if required

 

regards

thenick113

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OK - first, the 6 years is from the date of the default, NOT when you pay it. Second, this shows you;ve actually paid it and no debt exists. Third, SOME firms will score you automatically, and despite being settled, will be treated the same as if a CCJ. I've always wondered why, but assuming they treat it as 'no smoke without fire' it remains their decision and there's not a great deal you can do about it. You COULD write a letter to 3UK saying this is causing problem and would they care to remove the record, as you are no longer a customer and would be grateful for their assistance. If they sat no, well, at least you tried!

 

Ensure all the details listed are correct, (date, amount, settlement?) if there IS an error, you can demand it be rectified, and if serious enough, insist to a total removal. Always worth a shot! Next time, don't mess with mobile phone contracts, wrecking your credit file for something as inconsequential as a mobile phone is really silly - especially as alternatives exist.

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