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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • 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...  
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Does anyone know how long I should wait to hear from Marbles Complaints Dept? I've been waiting a fortnight now. I can't seem to find any info on their webpage. Also I've been getting calls from 08445 811011 and I'm not sure if they are connected to Marbles even though I asked them to put everything down in writing. Thanks in advance.

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SAR Request

 

Subject access request letter attached to send with £10 postal order - send recorded delivery and sign over the dotted area at the bottom. They have 40 days to reply. They have 40 days to reply. Adapt the last paragraph to give any previous addresses that the OC may have and attach a copy of a utility bill or they will write back and ask for one.

General SAR template.doc

Please support CAG and they will support you.

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MARBLES are notorious for not having copies of credit agreements. :sad: They will usually send you a copy of an application form. If they send this in their reply to the SAR then post it on here.

 

Have you been defaulted? If so, then withholding any further payments until such time as they provide an executable credit agreement will not make any difference. Worth thinking about. If you decide to go that way be sure to do the research here, first.

 

Marbles increased my interest rate years ago. Virtually doubled over 12 months. When they didn't provide a credit agreement I stopped paying. Ten or more DCAs have since come an gone. Only two years left, now, and it's SB8)

 

Your case is typical. You get penalised in this country for being in difficulties. If you miss a payment the rate goes up which would obviously make it more difficult to maintain payments:x You were making payments and they decided: let's get more money out of her. throw in some charges for whatever...

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marbles.pdfHi. I recently CCA'd Marbles and got this letter. No CCA or even a copy application form. My problem is that I have been paying them the full monthly subs even though I can't afford them. I have not been defaulted yet. I really don't know what next steps to take.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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Well Debt Star

 

It basically means no CCA no enforcement of debt. They can ask you to pay but, hey ho if you say get stuffed there's nothing they can do. They are hoping your sense of fair play will keep you paying. Write to them tell them you can't afford it if that is the case and pay them what you want to. If on the other hand you want to tell them to go forth and multiply, (which I would personally not do ) but that is me, what is the worse they can do.... Keep sending you letters... Decorate the shed with them or make a nice underlay for the dog kennel if you have one. I know some one wiser may pull this apart, but my understanding from a high court judge decision was yes they are not enforceable but they have the right to ask you to pay without legal redress... The ball as they say is in your court... Sock an ace to them if you are really suffering financially or offer a 10% full and final settlement, they will probably bite your hand off for it. Then go to 5%

[sIGPIC][/sIGPIC]Happyhippy1959

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Hi there

just be careful that the account doesn't get passed to RESTONS. This firm is probably the WORST and most HIDEOUS business I have EVER had to deal with -- arrogant, obnoxious, will go to Court so fast that your feet won't even touch the ground and they won't bargain either.

 

RESTONS usually operate on behalf of HFC and the various Credit Cards such as Marbles.

 

I've already made several complaints to HSBC (who own HFC 100%) suggesting that "The World's Neighbourhood / Local Bank" as they like to be known as shouldn't be employing thugs like these people to do their dirty work for them.

 

They can be stopped however since they are known to add absolutely HORRENDOUS "Collection Fees" to accounts like adding 1,000 GBP to a 1700 GBP debt.

 

It's this sort of stuff adding totally extortionate fees to people who are already in difficulty that makes most people want to have the whole Debt Collection business shut down or at least properly regulated.

 

Hopefully your debt hasn't been passed to RESTONS yet. If it is post details as the complaints about this particular firm can be found all over the Internet.

 

I suggest you try and arrange something however small BEFORE RESTONS get involved.

 

Cheers

 

jimbo

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Jimbo45 you are right in one way but hey, they have no CCA they can add a million pounds, it is unenforceable, Marbles has said as much in there letter. Tell Marbles to hand your account to the US Marines, still the same no CCA no legal redress. OK Debt Star I have your marbles account now and my charge is going to be £10,000, but hang on what can I do to enforce it... Sweet FA, just write back to them and tell them your true situation and make an offer. As people have said marbles are notorious for losing CCA's and it looks like yours is one off, they admit as much in there nice letter, which reminds you that they have no legal redress. So go on bang in a Full and Final see what happens. It is your choice. You offer me £10.00 and we have a deal, because, what else could I do. NO CCA nothing as yet. I could go to court and say Debt Star owes me £2,000, what's to stop anyone saying you owe them money without a contract????

 

Your decision on what you do next. When did that letter come.???? It really seems like they have lost it, if they had it, they would have hit you with it asap.... But hang on for a while.

[sIGPIC][/sIGPIC]Happyhippy1959

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Just checked the date, they can say what they like about they always did that and this. this is January's 2011 date. Now I think, they have 14 + 2 day's to get you the CCA. Then it is account in dispute stage, you can stop paying, they can't legally hassle you. Some one correct me if I am wrong.

[sIGPIC][/sIGPIC]Happyhippy1959

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yep dpick, let them howl at the moon. Just hang in there debt star and see what they come up with, but I hope I am not putting a jinx on you, it looks rather like they have diddley squat. So no CCA, (priceless) and unenforceable and yes sorry 12 day's plus 2. But give em a little longer, but beware, some have been know to get out the copy and paste stick!!!!!!!!!!!!!!!!!!!!! If they do manage to dig it out of there archive post it up lets have a look and check your signature.!!!

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[sIGPIC][/sIGPIC]Happyhippy1959

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I'm a bit confused as to whose this thread is now lol. Bizarrely they have sent me a letter to say I haven't paid but I have a s/o with them. It's though they have thought "Oh this person has been reliably paying every monthy (not a pittance) let's throw a spanner in the works". It's come totally out the blue and now the phone calls have started.

 

Coledog - thanks for the SAR!

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