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    • You can counter a Judges's question on why you didn't respond by pointing out that any company that charges you with stopping at a zebra crossing is likely to be of a criminal mentality and so unlikely to cancel the PCN plus you didn't want to give away any knowledge you had at that time that could allow them to counteract your claim if it went to Court. There are many ways in which you can see off their stupid claim-you will see them in other threads  where our members have been caught by Met at other airports as well as Bristol.  Time and again they take motorists to Court for "NO Stopping" apparently completely forgetting that the have lost doing that because no stopping is prohibitory and cannot form a contract. Yet they keep on issuing PCNs because so many people just pay up . Crazy . You can see what chuckleheads they are when you read their Claim form which is pursuing you as the driver or the keeper. they don't seem to understand that on airport land because of the Bye laws, the keeper is never liable.   
    • The video-sharing app told the BBC that a "very limited" number of accounts had been compromised.View the full article
    • luckily like this thread VCS/DCB(L) PCN spycar capture - PAPLOC Now claimform - no Stopping in Restricted Zone - Bristol Airport ***Claim Dismissed*** - Page 4 - Private Land Parking Enforcement - Consumer Action Group although no on the crossing, same applies to you so WS time. there are numerous threads here on pedestrian crossing claimforms by VCS at Bristol and at other airports so use our enhanced google searchbox and find them. really a bad idea to vanish for SIX months and not been have reading up here.....................  
    • Not at all.  The onus is on them to ensure that their invoice respects the provisions of Schedule 4 of the Protection of Freedoms Act 2012 to establish keeper liability.  Which it can't as the area is covered by bye-laws. Spot on. Irrelevant as to whether you entered into a contract with VCS to pay them £100 if you didn't obey what was written on their silly signs. Who cares?  What about their ridiculous generic Particulars of Claim where they deliberately mix up driver and keeper. And where do they mention this?  You haven't shown us anything. Of course you have to prepare a Witness Statement and you'd better get on with it. This is the problem here - you've disappeared for months & months, haven't kept us updated and presumably haven't read other VCS threads.  That needs to change - now. Otherwise you will lose - simple as that. For a start - please upload the court order which fixes the hearing date plus plus where "VCS mentioned my initial defence was generic and clearly copied from the internet".  We're not mind readers.
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£100K Debt


GuidoT
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I am trying to improve my negotiating position with the bank, I personally guaranteed a bank overdraft for a firm and the company failed, leaving me with £100K of personal debt.

 

This occurred about 3 years ago and for the past 15 months I have been paying off £1K a month and the bank has been content with this.

 

But it is time to negotiate with them again and I want to them to agree not to add to the debt charges and further interest.

 

Does anyone have anything specific that might strengthen my negoitating position, i.e. link to BCOBS stuff or similar that I can quote to the bank.

 

Thank you in advance.

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Probably not much help, but I read a post from another CAG member earlier today who had also fallen foul of a personal guarantee. When he checked his guarantor agreement he saw a clause which limited his liability to less than what he had already paid out!

 

Here's the thread; http://www.consumeractiongroup.co.uk/forum/showthread.php?366603-HSBC-debt-sold-to-Robinson-Way(3-Viewing)-nbsp

 

Rob

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I am not looking for advice relating to the document itself, been through that already, I only need assistance confined to the charges and interest freezing.

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Have you got a copy of the agreement from them recently then? To replace the original you lost yesterday?

 

Does it authorise the interest and charges that you are currently being debited with?

 

If it does you might want to get it defaulted. Stopping paying or reducing to £1 a month will do that.

 

Otherwise I would do your homework on how much your expenditure has increased recently and how much less you can afford. If you can - conduct the negotiation in writing.

 

If your credit rating is precious then ignore the above and put an excercise book down your trousers...

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Have you got a copy of the agreement from them recently then? To replace the original you lost yesterday?

 

I think you must be getting me confused with someone else!

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Might be of help, if not google and see what comes up??

 

I looked at these and struggled to find my around them and anything specific on interest freezing.

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Have you got a copy of the agreement from them recently then? To replace the original you lost yesterday?

 

I think you must be getting me confused with someone else!

 

I think that was meant as a rhetorical (not sure if that's the right word) question/suggestion. :wink:

 

i.e. have the bank still got a copy of the guarantee agreement should they need to enforce it? Only one way to find out .....

 

Rob

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I see robcag, been down that road already, just need assistance with freezing interest.

 

Defaulting is not an option as the debt is secured on other properties that I do not want them to force a sale on.

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How recently have you asked for and been provided with a copy of the guarantor agreement? It's just possible that if this was a while ago then they may not have one at present, bearing in mind that some of the banks have been particularly inept at retaining documentation in the past.

 

Sorry for sounding repetitive, just trying to help. :wink:

 

Rob

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Yes Guido, both Bandit127 and myself I understand that you have a copy of the agreement, but as you haven't said otherwise, you've probably had it in your possession for some time, maybe it's the original copy you received at the time of signing.

 

The question that was asked was "how long since the bank provided you with a copy?"

 

Although you have your copy they may not have theirs, so if your paperwork was to be accidently shredded today and you needed to ask the bank for a copy of the signed agreement would they have the signed original in order to be able to provide such a copy?

 

I'll leave it at that. :smile:

 

Rob

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Hi Guido

 

Really not sure what to suggest beyond a time order perhaps, assuming its regulated and the securities are correctly stated within the PG it may be an option. My only concern would be possible costs exposure if the application fails.

 

Is the current default rate of interest charged simple or compound?

 

Can't think of anything that would be of use in leverage for an informal negotiation.

 

Which bank is this?

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It's the template I always use now, unless there's anything specific you're looking for that you think may speed up the response. Having said that it can sometimes be counter productive as most banks tend to 'lose' specific data if you give them the slightest indication of why you need it.

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quite. eg, in one sar cred said no recorded calls available after 3 mths (luckily for them! and they did the 3 mths back from end of 40 day limit!). cf in another sar case (same cred, at around same time) they told a cagger no recorded calls after 6 mths!

Edited by Ford
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Guido, you are not in a strong negotiating position as you probably know already. They know they have security for the debt. The only thing I can see where you might have an edge

is if you can pay off the debt quicker than the six and a half years or so outstanding. Then they might consider a reduction in the amount for a quicker return of their money.

 

It will be hard to get them to waive the interest and charges when they are holding that much collateral from you. That being said, it cannot hurt to ask and point out that you will be

able to pay them off quicker without the added burden of the extra costs. It might help if you could pay a larger monthly amount. Obviously you couldn't do that if you are having

problems maintaining your current payments.

Then you could try appealing to their better side by explaining you are having financial difficulties and would appreciate them removing the charges and interest from now under

BCOBS though I doubt they will agree to doing it till the debt is paid off.

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  • 1 year later...

I forgot about this thread.

 

Various events unfolded, that led to my Business Manager becoming sacked and a whole load of revelations regarding his misconduct then followed, that I then took advantage that improved my negotiating position no end.

 

I just think the bank did not want their dirty laundry washed in public so they settled for £20K (of £150K in the end) a few months ago. A good result by all accounts.

Edited by GuidoT

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