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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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Claimform/ Link/GE capital/woodchester


elrib
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Yes correct, once sold they will be unable to rectify, if in fact it has actually been sold and they are not merely the gophers in between.

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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Sorry. Been reading this.

 

Have an old mbna. They issued an invalid default notice (Was for full amount) not arrears, and the account was sold during the default period. At the time there was no deed of assignment, just a letter from Experto saying Varde Investments had been sold the account.

 

I wrote to mbna and varde stating that I had accepted the recission of contract. I also asked for the arrears at the time.

 

Nothing came back, loads of calls, no repsonse to my subject access request from mbna.

 

Now almost 6 months later I get a new default notice, dated 4 days ago and given 14 days from that date to pay the new owner for the full amount.

 

Can they do this and where do I stand?

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The salient point is does the first

default show on file with a new date,

together with the old default.

If they are it is wrong there can only be

ONE default on any debt.

However an new owner of a debt can

amend the credit file with their details

but CANNOT change the original default

date.

Edited by BRIGADIER2JCS

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Hi All

 

Does anyone know if the s127(3) has been repealed by the 2006 amendments to the act, and what this would mean.

 

I have a ongoing case where this is part of my defence as they do not have a signed agreement. and the claimant are saying that as this was repealed that it would be up to the court to determine if a agreement was signed.

Thank for any help.

E

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hi onmyway out

 

that was part of the witness statement which has been sent to the court, also included a few comments about internet sites,

does anyone know if it is document somewhere to say that the 2006 amendments can not be inforced prior to that date.

e

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This is the relevant Act of Parliament

50. Firstly I will address the issue of which Act is relevant in this case, to avoid any confusion in case it is suggested that the claim falls under the Consumer Credit Act 2006. It is drawn to the Court’s attention that Schedule 3, Section 11 of the Consumer Credit Act 2006 prevents Section 15 repealing Section 127 (3) of the 1974 Act for Agreements made before Section 15 came into effect. Since the Agreement would have commenced prior to the inception of the Consumer Credit Act 2006, Section 15 of the 2006 Act has no effect and the Consumer Credit Act 1974 is the relevant act in this case.

 

51. For the avoidance of any doubt I include the relevant section of the 2006 Consumer Credit Act, namely SCHEDULE 3, Transitional Provision and Savings:

 

11 The repeal by this Act of-

 

(a) the words “(subject to subsections (3) and (4))” in subsection (1)

of section 127 of the 1974 Act,

 

(b) subsections (3) to (5) of that section, and

 

© the words “or 127(3)” in subsection (3) of section 185 of that Act,

 

has no effect in relation to improperly-executed Agreements made before the commencement of section 15 of this Act.

 

52. Therefore, the Consumer Credit Act 2006 is not retrospective in its application and has no effect upon this Agreement. The Consumer Credit Act 1974 is the Act which regulates the Agreement.

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CitizenB you are a star! I've been looking all over for that. Can you remind me what case it's from?

 

Elsa x

 

Erm, sorry.. It was just a bit that I hijacked from a post and I havent a clue where :(

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

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4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

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Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 weeks later...

dec 2006 i think

 

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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  • 2 months later...

HI

 

Looking for some advice on the following, in short

 

I was given a CCJ on a loan last week loan dated 2005,

the evidence was base on a microfish copy of an agreement and only one page,

also the claimant in they statement say that the orignal lender has the orignal agreement.

which the judge tended to believe but did not request them to produce it.

 

CCJ given and appeal not allowed.

 

But the Judge did say that if I can show that the original lender did not have a orginal agreement as the claimant

( claimant being DCA who purchase debt) stated in they wit statement then he would view this as new evidence

and I would be able to bring this back to court.

 

So could I now use CPUTR 2008 to get the original lender to give a yes or no to whether they have or ever had an original agreement

and if so where is it and if its been destroyed, then when.

 

Now one more point I do have the original agreements as when I sign them in my home

the guy just took a photo copy of them and thats how they got the microfish copy,

 

El

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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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HI

 

Looking for some advice on the following, in short

I was given a CCJ on a loan last week loan dated 2005, the evidence was base on a microfish copy of an agreement and only one page, also the claimant in they statement say that the orignal lender has the orignal agreement. which the judge tended to believe but did not request them to produce it.

Any way CCJ given and appeal not allowed. But the Judge did say that if I can show that the original lender did not have a orginal agreement as the claimant ( claimant being DCAlink3.gif who purchase debt) stated in they wit statement then he would view this as new evidence and I would be able to bring this back to court.

So could I now use CPUTR 2008 to get the original lender to give a yes or no to wether they have or ever had an original agreement and if so where is it and if its been destroyed, then when.

Now one more point I do have the original agreements as when I sign them in my home the guy just took a photo copy of them and thats how they got the microfish copy,

 

El

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Hi Ganymede

 

Yes I have the original sign documents, ie the original plus office copy and clients copy,

I only sign the original so the others were not sign.

 

I worked from my home then and made the copy myself,

and when the agent left he only took the copy I made,

 

this was his mistake and they did send me a letter later asking me to send the original

but they had already paid the loan over to me and i just forgot to send them.

So all they have is a A4 copy of the sign original.

EL

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  • 3 weeks later...

Hi All

 

Have a ccj and claimant will not accept my offer of payments and the courts have taken their side and going to allow them to go for a charging order if they wish, on my house, the origanal debt was for 5,500 but with court cost it now 7,000.

Is there anway I defend this after all it was a unsecured loan to start with.

Thanks for any help

E

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Hi Elrib

 

Have you ever requested a variation N245?

 

Andy

We could do with some help from you.

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Hi Andy

 

After being given the CCJ I was order to pay within 28 days,

 

I then put in for a variation went back to court as the DCA rejected my offer,

 

As it was clear that I could not pay anymore than what I had offered

 

the judge just said that they could go for a charging order, a

 

nd could talk to them or go to CAB, not had the info from court yet as this was only yesterday.

Elrib

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