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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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Discount Offer Letters (Re DCA's)


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Afternoon everyone.

 

Can anybody tell me where I stand when a DCA sends me letters offering discounts on debts or sends me letters asking me to make an offer to settle?

 

Having glanced through various threads, am I correct in assuming these DCA's are going to be in a spot of bother if I ask for a CCA report and statement? Just want to get a few things straight before I take action.

 

Any help much appreciated.

 

Many thanks

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Agree with the above any discount offered should be treated with a lot of scepticism, could be that the paperwork to allow them to collect on the account is none existent, or the account is unenforceable etc. Or the OC/DCA is just after getting a sum of money to give them a profit and then sell on the remainder of the debt outstanding.

 

dpick

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Hi,

 

As above, any DCA offering a discount means that the debt is one of the following...

 

Is or coming very close to being Statute Barred

Full of PPI or Penalty Charges

No paperwork

 

You stated sending a CCA request so this is for either a loan or credit card?

 

When did you last make a payment or written letter of acknowledgement?

Have you any PPI or is the debt made up of mostly charges?

Can you state which DCA it is?

 

Stigman

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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HI Stig

 

This was a credit card. I have not answered any calls. The last payment made was probably some 2 years ago or more to the C/c company themselves. I sent a letter to Halifax probably about the same time explaining my issues and MS.

 

After reading a few threads, I have just asked 1st credit for the CCA and statement. They should have received the letter today, I sent it registered with postal order for £1. The request was from a template and was not signed.

 

There was plenty of PPI on this balance and charges. Am I doing the right things?

 

Thanks in advance to you all

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Hi yes you have done the right thing by making the CCA request now and perhaps a SAR to Halifax to get all the PPI information.

A SAR has a statutory fee of £10 the creditor has 40 calendar days to reply, the creditor must supply all the data they hold on you

and the account apart from the agreement which you have correctly requested under sect.77/78 of CCA 1974.

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

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Thanks Brigadier.

 

May I ask another please. The last letter from 1st Credit, in addition to offering a discount and suggesting bankruptcy proceedings are being considered, they appear to be considering all sorts of action via Connaught. Is this the norm? They do appear rather aggressive?

 

I've just checked with the Post Office and the letter was delivered today. The twelve days start now Brigadier? Shall I hold on until I receive some response before I spend money on the SAR? My family and I are struggling as my MS is progressing quickly now.

 

Thanks, the CAG are proving a God send!

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Yes it is usual the next will be 1st Credit Legal department (formerly LCS solicitors) now managed by Colin Watts a paralegal.

What is the outsatanding balance? They are agressive and are tending more and more to litigation as well as producing recon agreements..

Yes 12 +2 WORKING days start now.

Help is here for you which ever ourse 1st Credit take.

  • Confused 1

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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Thanks.

 

Sorry to be pain. Should they furnish me with the CCA and a detailed statement and providing that info is legitimate, what generally is the next step? Appologies if I am jumping ahead Brigadier. Sorry the balance is 11k. Alot of it is charges and PPI I think

 

Thanks for you supportive answer.

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Forgot some info
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No problem!! If they produce any documents do not take any action on whatever 1st Credit say, remove all personal data and barcodes and post a copy of what if anything

they send, people will then be able to advise on the viability of the documents.

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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Good morning everybody.

 

I'm back with another few q's;

 

I have been paying CMC now Bluestone for sometime with regards to a cc debt with MBNA. I have looked on NODDLE and have noticed that this debt is not on my credit file? Should I persue this? It does seem quite odd.

 

Secondly, can anybody tell me if I can claim back PPI even if the debt was defaulted? Puting 2 and 2 together I would hazard a gues that I cant, but any advise would be appreciated.

 

Thanks to you all in advance

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Good morning everybody.

 

I'm back with another few q's;

 

I have been paying CMC now Bluestone for sometime with regards to a cc debt with MBNA. I have looked on NODDLE and have noticed that this debt is not on my credit file? Should I persue this? It does seem quite odd.

 

Secondly, can anybody tell me if I can claim back PPI even if the debt was defaulted? Puting 2 and 2 together I would hazard a gues that I cant, but any advise would be appreciated.

 

Thanks to you all in advance

 

Noddle (CallCredit) are the smallest of the three CRA's so an account/debt may not be listed on their records but may be listed with the other two (Equifax and Experian) - it may be worth getting copies of your credit file from them.

 

PPI - Not 100% sure whether you can PPI back on default accounts; but what I'd definitely suggest is that a DCA would be pretty bonkers to go anywhere near a court which an account which had PPI/unfair charges listed within the amount owed.

 

BSBS.

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Morning all.

 

I'm after some advice....again!

 

A request to 1st Credit for CCA and statements was recieved by them on 10.09.12. Today I have recieved a letter telling me that they ' will advise client/OC of my request...these documents will be sent to me asap'.

 

Strangely, the next sentence reads ' The information will be sent once it is recieved...' and my account will be placed on hold.

 

1st credit then, as the letter states,' will expect me to contact them immediately '

 

What does this letter mean, it all seems up in the air?

 

Thanks in advance

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It's all a load of balls they have either purchased a load of debt all the info they have is creditor, amount outstanding , account number and address or the same info if they are working as the collector for the OC. They always have to ask the original creditor for a copy of the agreement or any other paper work.

 

dpick

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Cheers dpick.

 

Nothing seemed to add up. The letter was full of when and ifs.

 

Nothing about all this adds up. I've checked Noddle and Equifax, the debt appears with Noddle but nothing on Equifax. Re the 12 days, is there another letter that should be sent after then? I'm not certain. Any help much appreciated.

 

Thanks again

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