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    • 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!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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Peterjm and SPPL


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Please everyone give PeterJm a warm CAG welcome. He is new to CAG and is having a few problems with SPPL. So I thought I would help him by creating a thread for him, I didn't want his request for help to become lost in LD's thread.

 

I am worried about my loan and need some answers....

 

........I have a secured loan with SPPL I have watched this thread with interest over several months as a guest never feeling the need to register.I have been driven to my wits end by the activities of yes you've guessed it,Capstone.They have started it seems their usual tactics of lost payments and consequent arrears charges,yet I have had up to this time a perfect record,logical dialogue with them is an impossibility.

 

I feel compelled to register here as I have seen several notifications that the legal charge to my loan is about to be transferred.These notifications have then suddenly disappeared without reason or explanation from anyone which is baffling. I have learnt that my loan is about to be transferred to someone I have never heard of,what difference will this make to me?Can anyone explain if SPPL are no longer to be the owners how do I go on about making a complaint against them.?

 

pjm

 

It might be an idea to provide a little more information relating to circumstances, so that fellow Caggers can provide you with answers to your specific questions

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Hello Peterjm

 

Let's start with the basics

 

Is your loan regulated by the CCA ?

Do you know who the new owner is ?

Have you received a notice of assignment ?

If so, can you post a copy so that everyone knows what it says and other SPPL borrowers will know what to expect.

 

Many Thanks

 

Sue

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Thanks for that ,however I do feel isolated and out of the main stream here.

1)Have made a complaint to the Land registry re the imminent transfer of the charge as evidenced by a notice to noteholders (used the mortgagefunding 08-1 notice)

2)Have amended the objection to delete the FSA regulated argument as it may apply only to spml/pml first charge loans as sppl as has been rightly said is in the main CCA regulated.

3)My objection is based on the grounds that I have a monetary claim against SPPL who may be seeking to divest themselves of liability by the transfer and have issued no reply to my question that contracturally will my claim be transferred to the proposed new owners.

4)I have started a complaint with the FOS going through the usual procedure to reclaim the unfair charges levied on my account by capstone in the name of SPPL.

 

I think thats all I can do at present..

I HAVE NOT RECEIVED AS YET ANY NOTIFICATION OF TRANSFER.

I feel in bouncingbetty land here ie on my own an on a limb so I will repost this on the spml main thread as the problem lies with capstone so this is common ground to all.

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Thanks for that ,however I do feel isolated and out of the main stream here.

 

Don't feel like that Peterjm, every thread has to start someonewhere.

 

I was just concerned because you said you was "at your wits end" and didn't want your questions to be lost.

 

 

1)Have made a complaint to the Land registry re the imminent transfer of the charge as evidenced by a notice to noteholders (used the mortgagefunding 08-1 notice)

 

Have you heard anything from the Land Registry so far, that you can share we everyone. I think a test case such as yours will be very important for everyone to know about.

 

2)Have amended the objection to delete the FSA regulated argument as it may apply only to spml/pml first charge loans as sppl as has been rightly said is in the main CCA regulated.

 

There are a high number of loans that are unregulated due to the exceptions in the CCA

 

3)My objection is based on the grounds that I have a monetary claim against SPPL who may be seeking to divest themselves of liability by the transfer and have issued no reply to my question that contracturally will my claim be transferred to the proposed new owners.

 

I need to look further into reasons you can object to the transfer of a charge. I know it is far from being black and white because of the terms in the agreement agreeing to assignment and on some deeds of charges also including this term.

 

4)I have started a complaint with the FOS going through the usual procedure to reclaim the unfair charges levied on my account by capstone in the name of SPPL.

 

Your very quick off the mark considering when the notice to noteholders was issued:

http://moneyam.uk-wire.com/cgi-bin/articles/201008121414340009R.html

 

The FOS might tell you that you have to give SPPL eight weeks to respond before they can assess the complaint.

 

I think thats all I can do at present..

I HAVE NOT RECEIVED AS YET ANY NOTIFICATION OF TRANSFER.

I feel in bouncingbetty land here ie on my own an on a limb so I will repost this on the spml main thread as the problem lies with capstone so this is common ground to all.

 

If you have not recieved notification of transfer, in your email to the Land Registry to who's application did you object too ?

 

When I spoke to the Land Registry the person I spoke to, said that an application has to be made before someone can object to it.

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Its amazing how people are apathetic to situations many must find themselves in,this is why capstone and co invariably win.

I've learnt a lot already from reading different sites,the info is all out there and also posts here and I'M NOT GIVING UP.

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Its amazing how people are apathetic to situations many must find themselves in,this is why capstone and co invariably win.

I've learnt a lot already from reading different sites,the info is all out there and also posts here and I'M NOT GIVING UP.

 

Friendly piece of advice, don't believe everything you read, this equally applies to my posts..

 

Always investigate and double check facts for yourself. A classic example is that a criminal offence is being committed under the LRA 2002.

 

Sadly, I have seen this often said and sadly often quoted. However, when looked at what the legislation actually states, the argument just does not stand up to scrutiny...

 

Both the template letter and the article you posted from another place, were both filled with inaccuracies but worryingly given as advice. (not by you but the person that originally wrote them)

 

This has always been my biggest bug bear... People give advice, without for a moment considering the responsibilities they have to ensure it is correct or the liabilities of giving incorrect advice... They are dealing with peoples homes and lives.....

 

I have never been here to win friends or a popularity contest, I just try to ensure people (as you said) don't use arguments that make them look like idiots..

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