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    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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My Credit File Fewer Credit Accounts than I Expected. How Should I Proceed?


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Following the sage advice from a couple of experienced Forumsters, I got a copy of my credit file from Experian.

 

Bizarrely it only shows that I have 4 historic credit accounts. All of which are in 'default'. Although that sounds bad, I thought it would be a lot more.

 

I have been paying into a MyVesta DMP for about 6 years. Recently though, several lenders have contacted me to pursue full and final payment of their debts. I think this may be due to the dissolving of MyVesta, and the fact that no one has been forwarding my payments on. So, my question is:

 

If I receive a letter from someone claiming I owe them money, but the debt does not appear on my credit file, what should I do? Do I ignore the letter, or do I respond saying 'prove it?'

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Even though others may say Experian and Equifax reports are the most up to date, it might be worth registering for a 'free-for-life' Noddle account whereby you can get monthly updates which are taken from Callcredit records (who own Noddle). Although it's free, you still need to enter details of a current credit card purely for ID purposes - no money will be taken.

 

www.noddle.co.uk

 

Although things may be different nowadays, it was a fact that 3-4 years ago my Callcredit reports always held far more info than those from the other two main agencies.

 

Rob

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I suggest checking Equifax on their 3o day free trial.

Remember not all companies report to all the CRAs somee will use a different CRA for varying financial products.

 

All defaulted accounts are removed from CRA files on the 6th anniversary of the default date paid or not, but this does not mean they do not exist or are statute barred., for a debt to become statute barred there must be 6 clear years with no payment or written acknowledgment of the debt in that time.

 

If you have been in a dmp and payments have been made during the last 6 years these debts are not statute barred even if they are not shown on the CRA files.

 

If you have been paying via the dmp the debt has been acknowledged and the DCA wiill obviously be aware of the dmp,so not much to prove on those, but if an unknown debt arised then challenge them to prove it.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks Guys. Following your advice I checked my Equifax Credit Report. There are a lot more entries on this! Still I'm unclear on a couple of points:

 

(a) I have a Next account, the last time I paid anything off it was September 2006. I have not corresponded with Next after that date. Is it now statute-barred? It defaulted in December 2006, does that mean the default will lapse in December 2012?

 

(b) I have a credit card with Arrow Global. Who on Earth are Arrow Global? It appears that I was paying £10 per month off this bill (thru MyVesta). Am I better off continuing to pay the DMP and hope for the best, or cancel the DMP and double check that they have a valid CCA? The agreement was signed in 2003 if that makes any difference.

 

Thanks in advance

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If no payment or written acknowledgment has been made in 6 clear years the debt id statute barred, but is there is still time to run befeore the default expires it will remain until it does and will be removed on the 6th anniversary of the default.,so yes you are correct.

 

Arrow Global are a debt purchase company, above you say my vesta is dissolved so which dmp are you referring to?

Have you statements for this account, who is the original creditor?

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi Brigadier

 

Although it would appear MyVesta is dissolved, someone has been taking £XXX from my account every month. Where it has been going I have no idea. The bank statement shows the money being taken by 'Synergence Finance' but what they are doing with it is anybody's guess. I have no statements for this account and to be honest I have no idea who the original creditor is. How do I find out? How do I find out if the debt is enforceable?

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I think before worrying about enforceability we need to knoe where your money is going I'll see what I can find.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I can't find any reference to this company so far have alerted the team to see if we can find them.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Synergence Financial Processing , Warrington seem to deal with property management,?

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Synergence Financial Processing Ltd

Activities auxiliary to financial intermediation SIC: 66190

 

The directors are;

Mr S.M. Tyrer

Mr M.J. Wright

 

and they are also directors of;

 

Breathe Financial Management Ltd company reg 04152145

The Money Carer Foundation company reg 07049575

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Thanks Cerberus, you've triggered a memory there. About the middle of last year I got a phone call from a DCA saying that my debt had been taken over by 'Breathe' and the repayment had tripled!! I made one payment and then stopped answering the phone to them. I'm pretty convinced though, that my £100 is no longer finding it's way to my creditors. My credit account files show balances reducing by nominal amounts (normally about £5 per month), until the start of this year. What should I do next?

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Ask Synergence for a full and detailed breakdown of where youe money is being allocated and how much they are charging if anything.

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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So, I called Synergence, and the number goes through to Sean Tyrer's mobile phone. He is Director of Synergence, Breathe and MoneyCarer.

 

There's information online about Breathe and MoneyCarer, but nothing about Synergence. I've left a voicemail and sent an email asking that they contact me to explain the situation. But, it seems pretty clear that from Feb 2012 I have been paying them £100 and it has not been passed on to the relevant creditors.

 

Should I hit them with an SAR?

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Well, a very nice man from Money Carer just phoned me to explain that Breathe took over MyVesta's DMPs, but themselves shut down in Feb 2012. They wrote to me (but at the wrong address) advising that I transfer my DMP. They are returning £800 to me and have promised it will arrive in my bank by Monday.

 

They are writing to me with information of all my original debtors and the most up to date info they have on the current DCA. I will use this info to request copies of original credit agreements to see if I can prioritise debts and get defaults removed from my credit file.

 

Thanks for all your help clearing this up!

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