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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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Guess who has made new 'friends' at NCO Europe?


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Had a call out of the blue from NCO Europe this evening, my wife picked it up, she confirmed I lived here and that she wasn't going pass them over to them over the phone, the woman by all accounts got rather aggressive with her, so my wife being how she is turned the air very blue and put the phone down.

 

They then phoned back within a few minutes, I answered, went through security to ask what it is they want, its for a Natwest Credit Card taken out in 2005, defaulted in 2007, she asked if I was going to pay the amount they say I owe, to which I replied 'no', they then asked how much short of the required amount I am, told them to 'mind their own business and to put everything in writing', they then said that they have already written to me twice, to which I replied how can I reply to something I've not seen?

 

They went on to demand immediate payment to which I laughed & asked if they have any proof, she said yes & they have acopy of my signature, how am I going to pay, replied back that until I see proof of debt they are going to get nowt and they are to put everything in writing to which she stated that I haven't replied to their first two letters (yeah what letters?) and that they have the right to call me twice a day & to send up a doorstep caller, I warned her that sending someone up would be inviting trouble as they would be trespassing.

 

Do you think a telephone harassment letter would do?

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As Above, stay off the phone to them, when and if you receive anything, send in a CCA request including the £1 postal order.

 

When the vile creature said she had your signature in front of her is total BS, to be honest DCA's mainly don't even have a date of birth, I know this because I have rang them in the past and given a totally false one which they accepted!

(Notice to anyone reading this, I do not advise anyone to speak to a DCA ever, but I just can't help myself as I love to wind them up).

 

Immediate payment demands on the 25th of the month right before commission cut off!

 

Once you send the CCA request, if you receive anything back, scan in, remove your personal details and any other related information so you remain annoymous and post up.

 

Stigman

  • Confused 1

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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In a sick kind of way, I find it funny when you hear them blow their stack when you tell them to mind their own business and refuse point blank anything they say. My wife has A.S as I've mentioned on other threads dependin on the mood shes in, she will have them running in rings or she will be really rude to them or she will start an arguement with them just or the hell of it for fun but other times it gets to her.

 

When they phone again they'll get the standard response from me 'put it in writing now sod off

 

Upity bunch aren't they.

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  • 2 weeks later...

Sent CCA Request off along with a Telephone Harassment letter, the 12 + 2 is due to run out on 14th April, then I'm going to send the 'In dispute' letter, can anyone suggest a beefed up Telephone Harassment letter I could send as I'm still getting 2 calls a day, its getting tiring keep telling them 'in writing only now **** off'. You put the phone down only for the idiots to phone back minutes later.

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This is my version. Very polite though...edit to suit of course...strength by say you are complaining and supplying all details and proof as previously advised...or whatever.

Ref [number]

FORMAL COMPLAINT

sent Recorded Delivery [date]

I refer to the above account, held with [name]

I have informed them/your company on numerous occasions that I am experiencing financial difficulties following a [reason e.g. dicorce/pay cut/redundancy].

 

As advised to you in [Month] and repeatedly thereafter

    I am acting in a responsible manner regarding my current situation by [action]

    I am further writing on two points. The first is in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally and in writing [egs] requested that these stop, but I am still receiving calls starting for example at [time/day].

    I consider your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. I also believe that, if you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I reserve the right to report you to OFCOM, Trading Standards and The Office of Fair Trading accordingly.

    Secondly, due to the continued harassment I'm experiencing from your company, I have taken advice and I am informed that your company is in breach of the following OFT “Debt collection guidance, Final guidance on unfair business practices, July 2003 (updated December 2006)”.

     

    Communication

    2.2 Examples of unfair practices as follows:

    F: contacting debtors at unreasonable times

    Physical/psychological harassment

    A. contacting debtors at unreasonable times and at unreasonable intervals

    F. pressurising debtors to pay in full, in unreasonably large instalments,or to increase payments when they are unable to do so

    Deceptive and / Or Unfair Methods

    2.8 Examples of unfair practices are as follows:

    C: refusing to deal with appointed or authorised third parties, such as Citizens Advice Bureaux, independent advice centres or money advisers

    D: contacting debtors directly and bypassing their appointed representatives

    E: operating a policy, without reason, of refusing to negotiate with debt management companies [edit to suit. this was relevant for me]

    I further request confirmation that my telephone details have been removed from your databases.

    Please note that whilst I take my obligation to [you/creditor name], if I receive any further telephone calls from your organisation I will have no hesitation in reporting the matter to The Office of Fair Trading, whom you may be interested to know, are currently encouraging reports of this nature.

     

    I would therefore be obliged if you would kindly acknowledge receipt of this letter and confirm that there will be no further attempts to contact me by telephone. [bit about offer if relevant] As I have tried to act properly and in a sensible manner during this extremely stressful and distressful time, please find this letter as formal complaint about your practices and note that I expect to receive a satisfactory reply from your company within 7 working days from the date of this letter.

    Yours faithfully,

    [print name, DO NOT SIGN]

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I've no idea how many times I've posted this on these forums now, but here goes once again:

 

S 40 Administration of Justice Act DOES NOT APPLY TO CONSUMER DEBT COLLECTION ANY MORE!!! By including it in correspondence we just make ourselves look silly.

 

I'd suggest updating it with reference to the Consumer Protection from Unfair Trading Regulations and the Protection from Harassment Act instead.

 

Cheers

UF

  • Confused 1

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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Cheers United Front and firstship for your replies.

 

I am aware that the Administration of Justice Act 1970 has been 'replaced' by CPUTR 2008.

 

This evening these idiots have phoned 2 more times since 6pm when they got told to 'go away', my Wife took the calls & she isn't the most diplomatic of people ( I say that affectionately) as she has Aspergers Syndrome, she said to me she is getting tired with these calls.

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I've no idea how many times I've posted this on these forums now, but here goes once again:

 

S 40 Administration of Justice Act DOES NOT APPLY TO CONSUMER DEBT COLLECTION ANY MORE!!! By including it in correspondence we just make ourselves look silly.

 

I'd suggest updating it with reference to the Consumer Protection from Unfair Trading Regulations and the Protection from Harassment Act instead.

 

United. I posted this a couple of days ago with apology that it was done a few years ago, and asking for a sanity check before sending in case anything was out of date. Sent today recorded so too later to change. Perhaps the inaccuracy will provoke a written response (unlikely). Now I have your in put I will update for the next time I need a letter!!!

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  • 2 weeks later...

Am having trouble finding my original threat about this NCO Europe company, seems all my threads are gone!!!

 

Right, to re-cap, a few weeks back NCO Europe started calling, no letters, just calls 2 a day sometimes more, I sent a CCA request off end of March, also sent them the Telephone Harassment letter & early this week I sent them 'Account in Dispute' letter, shown as signed for etc.

 

They called tonight, I do know the rule never speak to them on the phone, I just wanted to clarify a couple of things, I asked if they have recieved my CCA request, they denied recieving it, asked about the telephone letter - denied recieving it, asked about the account in dispute letter & a telephone warning/do not darken doorstep letter - denied recieving. The snotty woman on the phone - I strongly suspect is being economical with the truth - asked for a copy of all the proof of posts I have.

 

What do I do?

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we are having database issues at present

 

give it a day or two

 

how old is this debt ...sri you've got to repeat the history.

 

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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Sounds dodgy to me i reckon you send them a failure to respond letter regarding the CCA, and as far as proof of posting the rest of the letters i reckon she could have been testing you. Personally i wouldn't say they have the right to ask for proof i thought only the court/Judge could ask for that. You have spoken to them over the phone you have sent them the letters i would just follow the letters up with failures? When you sent the CCA recorded they have to sign and print surname so it might be worth contacting post office and just asking for the surname that was given when it was signed for?

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i tend to file their communication under ''Bin''. I even received a postcard thingy from them saying i was being visited by P Brown.. I waited in allday for him, even bought some nice biscuits and got the best china out.. He never showed. These along with capquest are the worst ive dealt with.

The views expressed on this website are mine alone and don't reflect the views of my employer!

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Ok, a bit of history:

 

Its an Natwest Credit Card, taken out early 2005. Last payment early 2007

 

Tehy start phoning me in March, CCA request sent end of March, sent them the telephone letter followed this week by the account indispute letter with a telephone warning/doorstep letter.

 

What interested me tonight was the fact that they were still phoning me after being told verbally to stop amongst given some abuse too and other times just being told to '**** off', I was pleasant tonight as I wanted some info, they basically denie all knowledge of recieving any correspondence from me - which I am highly suspicious of - 4 letters missing, they reckon they have written to me - never had a letter from them. They wantr proof of posting or else they will continue ringing or they have the choice of sending someone up to my property to which I replied that 'all licence had been revoked and that they would need to make an appointment first, which isn't going to happen', she replied that they'll send someone without my agreement', to which I replied that if they send someone to my address, they would be inviting serious trouble if they send their threat monkeys to this address.

 

In my opinion they're no entitled to diddly s****t but even so, do I fax hem the proof of posting?

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no i wouldn't bother

 

have you looked at your CRA file at the history and what it says..

 

if the oc wanted their money they would have asked for it before now

 

i reckon they wrote it off against tax years ago and sold it on a phishing list.

 

prob the bal is all made of unlawful charges / mis-sold PPI?

 

or there is no enforceable cca.

 

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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dx100uk, the more I think of this, as I have this evening, I'm getting more & more suspect of what was said to me on the phone this evening, I've had a look at some really quite old threats about NCO Europe and how unprofessional they are amongst other things.

 

To say to me that they have written to me several times, but I have not receved a thing from them apart from the calls, I think that they are being rather mis-leading.

 

Losing one letter out of the four sent is bad luck, losing two is plain careless but to lose all four letters aswell as claim that they have written to me etc - stinks to high heaven doesn't it?

 

If they want proof of posting, I'm more of the attitude of 'they can whistle for it', take me to court, I have all the reciepts of post aswell as copies of all that was sent & it is all backed up. Sorry for the rant.

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And as far as having an enforceable CCA....what are my chances of winning the big one on the Euro-millions?

 

No PPI was taken out on the account. The CRA says defaulted 2007, I still have the records of payments to Natwest for this account in 2006, I can confirm the last payment was in February 2007, nowt has been paid since. Its being doing the DCA merry go-round since mid 2007, we could never agree on repayment amounts etc, I haveheard nothing about this account since early 2008.

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well pers i'd ignore them

 

as you have found

 

nco are bottom feeders

 

there is a very good reason the oc did not go to court on this

 

what about o/d charges or charges...i bet thats what it is.

 

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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Have been doing a bit of digging around, Natwest sold this account to Global Arrow Guensey who have farmed it out to NCO Europe and this is recent, from December 2010, Global only wrote to me in March advising me of this......sadly I'm a bit badly organised at the moment as H (the wife) has been in & out of hospital again!

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yea

you're just on a phishing list

 

i'd keep quiet unless a court claim does appear

 

watchout for capquest getting this one

 

DON'T fall for the SD postcard

 

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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