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    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
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Id be very grateful for any advice here.

 

I am trying to repair my credit file from stupid mistakes I made when i was younger.

 

Trying to learn the process and i have 3 defaults on my file

- 2 are both from Santander, when i printed my equifax report in Nov/2011

it showed an debt to Santander for around £10,000 that I had defaulted in DEcember 2005.

On my most recent report this debt is no longer listed - its gone.

 

Im trying to remember what the other 2 accounts are that remain on my credit file,

the report states they are both current accounts with different account numbers.

 

I cannot remember if i had a bank account with them or not, even if i did im sure i would not have had 2 accounts.

 

The default amount on 1 account is £93 -defaulted April/2009 and

the other is £95 -defaulted April/2009.

Both account start dates is also the same 05/11/2005.

 

I want to write to them about these accounts and find out what my chances are of them removing the defaults if i settle up - but am i dreaming basically!

- being as they have just written a debt of mine off for 10k.

Are they basically going ot tell me to shove it - or should i try?

 

Me and my partner are desperate for a bigger house and currently 3 of us sharing one bedroom,

we have a reasonable income between us but with the poor credit history cant even rent.

 

Any advice would be greatly appreciated!!

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all defaulted account vanish from your CRA file after 6yrs - so thats why the £10k has gone ow.

 

i think you need to sar them regarding the others

 

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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nope one per group of companies

will give all info they hold on YOU.

 

if you've moved since

just provide a list of your old addresses.

 

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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no one per company

 

so only one

 

its info on YOU not any account.

 

so they [or the 'group' they belong too]

must send ALL personal data they hold on you.

 

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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  • 1 month later...

Hi DX

- Ive had the SAR back from Santander and its only about 15 pages long,

 

the contents do not seem to relate to the 2 defaults registered on my credit file.

 

The infomration in the SAR refers to a loan that was origianlly taken out with Alliance and Leicester in April 2004

(I'm guessing Santander took this loan over I cant remember)

- they the other few pages included is just Santander screen prints referring to this Alliance and Leicester original loan account.

 

None of the pages included say anything about the other 2 accounts registered on Equifax credit report.

 

On the covering letter it says

"historical info can only be retained if there is a legitimate reason for processing the data in accordance with the rights of the individual.

Therefore due to the time elapsed some of the original account records will have been destroyed in line with our retention policy"

 

- Im just wondering where this leaves me in terms of trying to get the defaults removed,

was hoping to SAR would give me some details on what they were about but i have nothing.

Be grateful for some advice on what to do next!

 

Cheers!

Jack

Edited by pickaxejack
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fine!

 

i'd write back to whomever sent you the SAR

inc a copy of the CRA report

 

and ask why they have not supplier the info

 

as if the default is within the last 6yrs

then surely the data must still exist

 

if the data does not exist

 

then demand they removed the defaults

and seek compensation.

 

dx

  • Confused 1

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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  • 1 month later...

Hi dx100, I sent the letter to Santander as suggested and have not had any reply from them yet - i sent it recorded delivery on 22.10.12 and it shows they received it on the 23rd - what should i do next? Thank you so much for you help and advice

fine!

 

i'd write back to whomever sent you the SAR

inc a copy of the CRA report

 

and ask why they have not supplier the info

 

as if the default is within the last 6yrs

then surely the data must still exist

 

if the data does not exist

 

then demand they removed the defaults

and seek compensation.

 

dx

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is there a contact number on the sar return?

 

give 'em a quick ring?

 

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 weeks later...

I called santander and was really passed from pillar to post

- i spoke to 5 different people all of which made me go through security -very annoying!

 

finally was told that the defualt was relating to a current account that I owed £30 quid on.

 

The default amount is £95 which she said was charges.

 

She couldnt see what the second default was about (for the same amount/date) and suggested i write to their data protection team,

she gave me the address, and asked them to remove the default.

 

I also asked her if she could send me all the documentation relating the account that had the default on it and she said id have to send in an SAR

- but ive already done that and they didnt send back the info - so do I have to pay them another £10?

 

Any help here greatly appreciated - thank you v much

is there a contact number on the sar return?

 

give 'em a quick ring?

 

dx

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nO!

 

fire off the failure to comply letter

specifically referencing what she was refering too.

 

you might also like to look at BCOBS

 

as this is since 2009

 

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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Brilliant thank you so much dx letter on its way today!

nO!

 

fire off the failure to comply letter

specifically referencing what she was refering too.

 

you might also like to look at BCOBS

 

as this is since 2009

 

dx

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  • 5 months later...

Hi DX! Would you be able to point me to the failure to comply letter as I cant seem to find it in the library, cheers v much!

nO!

 

fire off the failure to comply letter

specifically referencing what she was refering too.

 

you might also like to look at BCOBS

 

as this is since 2009

 

dx

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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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  • 3 weeks later...

Hello! SAR received back from SANTANDER but;

 

I SAR'd becuase they have registered 2 defaults on my credit file, Included in the SAR are;

 

1. Bank statement with details of a loan which is now statute barred and not showing on my credit file.

2. what looks like the last page of some T&C's which I have signed, does nto show full T&C's though.

3. Copies of ID provided at the time of opening the account in 2005 (such as old bank statment, copy of driving license etc)

4. Screen print showing Balances and movements.

 

They have not included anything to do with the defaults and when they were issued. Im just wondering what i should do next.

 

Thank you for any help here.

Edited by pickaxejack
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Hi Santander are notorious for not providing all the data they hold, so if you feel that the SAR is incomplete write to The Data Controller and state clearly what data you require, but please be aware that Default Notices are not routinely archived, all the creditors have to do is note that a DN was sent on a particular date.

 

Given this your inquiry should be 'On what specific dates were default notices issued AND what is the specific date of the cause of action which relates to the placing of the defaults.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thank you Brigadier2jcs, I will do as you suggest thank you, can you advise me on best course fo action for the account that they have provided no informatgion on whatsoever in the SAr(that shows a default on my file) cheers

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Thank you Brigadier2jcs, I will do as you suggest thank you, can you advise me on best course fo action for the account that they have provided no informatgion on whatsoever in the SAr(that shows a default on my file) cheers

 

Yes include this:

 

I refer to account number xxxxxxxx, the bank has failed to provide any data on this account, this is in breach of the Subject Access request, ALL data relating to this account which appears to have been deliberately with held must be provided with in 7 days of the date hereon after which a complaint WILL be made to the ICO.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 3 months later...

I received a reply from santander who said that this was an error and that I should contact experian or Equifax to get them to correct it. Trouble is my first port of call was contacting experian to ask if it was an error and they said there was nothing they could do and to contact santander!

Edited by pickaxejack
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Typical Satans bank incompetence, it is entirely the banks responsibility to change the incorrect entry, the CRAs are not at liberty to do so without the banks permission.

 

A formal complaint to the Data Controller at the banks head office is the next move.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 3 weeks later...

hi Brigadier! Ive had a reply from Santander this morning sayng that their original decision remains unchanged;

 

" I have contacted our credit data quality team who have advised thatthe information reporting is correct and factual. Both defaults are valid and as such I would not be removing either of these defaults. I can confirm that the XX suffix on your bank account signifies the secondary account holder. This is not an error and this reflects the format used by Experian"

 

OK so im completely confused, their previous letter said that experian etc had made a mistake and that i should contact them so following advice from the brilliant CAG's I wrote back to santander saying that it was their responsibility to notify the CRAS that the error needed to be removed and now they write back saying it was not a mistake after all. In fact the tone of letter is rather unfreindly.

 

I wrote my letter before I saw Brigadiers post #21, so now should i write again and include this?

 

Thank you for your help again

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