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    • What does it actually mean when some  one says" for clarity" you mean in your opinion really dont you?   HB Thanks, girl done well.   Acres of text to get through, are you sure I have not come across you before. Your addiction to point scoring is V familiar.   Anyway lets see if there is anything I have not cleared up already.   You say  "'ll just answer this for clarity (not for an argument). This applies to SDs made in a Magistrates' Court in order to set aside aconviction where the defendant was not aware of the proceedings."   So much for clarity. Below is what the section says information; and (b)within 21 days of that date the declaration is served on the [F1designated officer for the court], without prejudice to the validity of the information, the summons and all subsequent proceedings shall be void.   Notice "Shall be void. not set asidIf I am going to just be correcting basic reading i am not goiong tp conti   "When a person comes before a court to make such a Statutory Declaration the court must hear it if it is made within 21 days of the defendant learning of the conviction."   Noope The regulation says the court cannot interfere with the making of a SD,again completely different   Yes if it is, but unless the SD was made within 21 days of the action they are entitled to question it. As they do in the form you reproduced by asking how the defendant knew about the case.                         Said this alreay.   To answer your next paragraph, the court will not accept a lie, if there is one, they will have the option to increase the time however I doubt they would, or do you think they would just extend it? This is the test, of course.   Again you say SET ASSIDE, it isn't, the new case cannot be started if the old one is still pending of course.   Now having demonstrated your lack of knowledge. I shall move on. Your abstinence from posting is appreciated, either way, I will have you on ignore. Nothing personal I just dont think there is anything you can tell me.   One more thing the result does not compete with anything I have actually said, and everything I have said is correct, in relation to the legislation.                
    • Here is the reply from POPLA after I complained to its chief assessor -- completely rubbish!   ---   Your complaint about POPLA   Thank you for your email, which was passed to me by the POPLA team as I am responsible for responding to complaints.   I note from your correspondence that you are unhappy with the decision reached by the assessor in your appeal against Parking Eye.     POPLA is an impartial and independent appeals service and we do not act either for the parking operator or the appellant. It is important to explain that it is not our remit to source evidence and documents from either party in support of their submission and our decisions are based on the evidence received from both parties at the time of the appeal. We cannot consider further evidence after the appeal has been completed.   You have advised that the decision issued to you on 29 October 2019 does not address the crucial points of your rebuttal.   You have reiterated your original grounds of appeal. For clarity, I have addressed each point as follows.   Regarding grace periods.   While section 13 of the British Parking Association Code of Practice stipulates that a minimum grace period should be allowed, the grace period is only applicable in car parks are required. In this car park, the entrance signs states that the site is for permit holders and service vehicles only, as such, a grace period is not applicable in this instance. You would have been aware that you did not have a permit on entering the site and I am satisfied that the assessor is correct in determining that the six minutes that you were on the site was not a reasonable period.   You have advised that there is no evidence of landowner authority and have provided a quote from another POPLA decision.   POPLA deals with appeals on a case by case basis and as such, any external factors such as other similar parking contraventions or appeals have no impact on our decision making.   I have reviewed the assessor’s comments relating to this ground of appeal and also the document provided by the operator and I am satisfied that the assessor has correctly stated that the operator has the relevant authority to issue PCN’s on this site.   You advise that no contract was formed between the driver and the operator.   The assessor has advised that the signage on the site makes the terms and conditions of the car park clear which, after reviewing the images of the signs provided, I agree with. By choosing to remain on the site, you have accepted the terms and conditions of this contract and by remaining on site for six minutes without a permit, the terms and conditions were breached.   After reviewing the assessor’s decision, I am satisfied that the outcome reached is correct As POPLA is a one-stage process, there is no opportunity for you to appeal the decision.   As our involvement in your appeal has now concluded you may wish to pursue matters further. For independent legal advice, please contact Citizens Advice at: www.citizensadvice.org.uk or call 0345 404 05 06 (English) or 0345 404 0505 (Welsh).   In closing, I am sorry that your experience of using our service has not been positive. We have reached the end of our process and my response now concludes our complaints procedure. I trust you will appreciate that there will be no further review of your complaint and it will not be appropriate for us to respond to any further correspondence on this matter.   Yours sincerely Paul Garrity POPLA Complaints Team
    • Thanks for clearing that up Homer.  I was  in the middle of writing what DX100 uk has just said. I notice that no questions have yet been answered from the Stickies posted on either thread. We will need some info in order to  counteract any stpidity by Link to try Court. The PCNs can be produced later under CPR regs. so photos of the car park with the notices at the entrance, around the carpark itself-especially any that are different as well as the T&Cs on the payment meter if there is one would be a help. As would the reason for the ticket. In addition, you could look up the local Council website on planning permissions to see if Link have ever applied for permission to erect NOtices and ANPR cameras within the car park. This would come under Town and Country [Advertisements] Regulations. And if you have any recent PCN remiders from Link that might help a little.
    • OK can we tackle this one by one then please. I will  please need some guidance here as have never filed such form, I'm sorry   DRAFT ORDER (sent through post #72) 01.   Item no. 1 - retain "struck out or heard at re-hearing" or delete the struck out? 02 .  Item no. 4 - should this be included? or how else to write it?     In Witness statement I am saying  I am XXXX XXXX, of MY ADDRESS NO.3 and I am the Defendant in this matter. This my Witness Statement in support of my application dated XX November 2019 to: 1.Set aside the Default Judgement dated 14 August 2019 as I was not properly served at my current address and I am given leave to file a defence, copy of which is attached to the application. 2. Order for the original claim to be dismissed or Set Aside to be re-heard at a new hearing; on the basis that the Defendant has a reasonable defence. 3. Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee and refund of any illegal fees paid by Defendant to Newlyn Debt Collection Ltd pursuant to the Default County Court Judgment of 14th August 2019 and reasonable Defendant’s costs required to set aside the Default Judgment   03. Are points 1-3 to be repeated exactly in the Draft Order?    
    • Thanks dx, I understand.    However what legal recourse is available to get it sorted? I've been offered a great deal with my existing lender
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gust

old HFC Debt - now with TBI - Claim Form Received.

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I had letters from TBI demanding money for a debt..

 

i didnt know about anything CCA or how they should handle things

 

i filled in a form to say how much income i can spare and sent it back

 

they sent me a card to pay using paypoint and i have done a couple of payments

 

is there any way i can stop paying them as i didnt see any CCA forms off them as i was a bit niave

 

glad i came here so far!...

 

any help please?

 

thanks


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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What was the debt Gust ?


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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from a loan a few years ago

 

got behind from bank charges etc... and it got messy

 

i aint paid it for about 3 yrs


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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Did you apply online ?


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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nope

 

it was from a high street loan company which is a "sister" company to another bank

(lower demographics for people with bad credit and high interest type...)


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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Hi,

 

Send the CCA request, letter 'N' in the library, with a £1 postal Order, recorded and don't sign the letter.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

If they don't comply within 12 + 2 days, you can then stall on payments.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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thanks

 

just write the DCA company name on the postal order or the creditors??

 

(im being thick sorry lol)


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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Dca.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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ok

 

will send this letter

 

i have capquest and lowell/red DCA on my back too

 

i should send them this letter too then probably?


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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ok

 

 

 

i have capquest and lowell/red DCA on my back too

 

i should send them this letter too then probably?

 

Yes, best thing to do is start a new thread in this Forum for your each of your other debt's, makes it easier for people to help you.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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ok i already did :)

 

thanks

 

ill bump it if you want to read it


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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ok..

 

TBI replied....

 

"i write with reference to the above agreement and further to your letter dated XX/XX/200X, the contents have been noted.

 

Be advised that a copy of the original loan agreement was requested from XXX Bank following receipt of your payment alternative form in this office on the XX of XX 200X and have today contacted the bank requesting that they forward said documentation to me.

 

Due to the age of the account, the agreement needs to be recovered from thier archive and it is hoped this will be recieved in the next week or two.

 

TBI financial Services LTD do not make a charge for providing said documentation and i have therefore returned the £1.00 postal order for you to get a refund from the Post Office....

 

 

 

they have about a week to comply to the 12+2 days.....

 

what now?

 

thanks


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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If you don't receive your CCA within the 12 + 2 day rule you are within your rights to stop any payments until they do.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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17 Port & Maritime Regiment RCT

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ok

 

thanks

 

so what if they cannot produce the CCA?

 

so what can i do if they do produce the CCA?

 

 

thanks


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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If they don't produce it you can stop payments until they do.

 

If they do produce it scan it, remove your personal details and post it here so we can check whether it is enforcable or not. Then we'll take things from there.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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ok.... i will scan IF they send one

 

cheers


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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sent capquest letter template as below

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above

reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt

being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection

Guidance which states that it unfair to send demands for payment to an

individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it

is unfair to pursue third parties for payment when they are not

liable. In not ceasing collection activity whilst investigating a

reasonably queried or disputed debt you are using deceptive/and or

unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been

settled or are disputed and continuing to make unjustified demands for

payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above

account unless you can provide evidence as to my/our liability for the

debt in question.

 

I/we await your written confirmation that this matter is now closed.

Otherwise I will have no option but to make a complaint to the trading

standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

 

 

capquest replied,

 

Their letter back seemed to ignore my letter and tell me about pre-litigation and valid checks etc.. (what ever this all means!)

threatening me with bailiffs and a walking possession agreement..

also court action....

 

THEN another letter came - they replied to the above letter ASKING ME TO SEND THEM ID - driving licence etc AND where i lived at a specific date......

 

 

I was advised DO NOT send them ID. they cannot ask of this...

 

I failed to send the first letter recorded so i RESENT it recorded for proof purposes...

 

 

I have had back TWO letters...

 

i will have to type these out here when i get home, but one of them is saying sorry, and they are looking into it... (with a page about complaining to the OFT)

 

The other says in short did i live at 12 example road, example town, EX2 r43.. (changed obviously.. )

 

looks like letter N is needed here too?

 

it is worded that if i deny living at the address they have given for my "previous address" i will be off the hook?? they say account on hold for 21 days UNTIL I REPLY....

 

what next? thanks

(i can type the whole letters here if it will assist....)

 

cheers

 

 


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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ignore them, they have to prove the debt is yous not the other way round


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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ok

 

i will ignore for now

 

many thanks


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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ok.... i will scan IF they send one

 

cheers

 

And that's a BIG 'IF' ;)

 

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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TBI have PAST the 12+2 day cut off.....

 

so what now? just sit and wait?

 

 

 

i have JUST checked my credit report and i have a DEFAULT under the name of TBI..

 

would this be from them or the previous "owner"???

Edited by gust

Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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DCA's usually enter a default when the buy the account, but there shouldn't be more than one for the same debt.

 

I would wait until they contact you again and fire this back at them. It's up to you really because you could send it now if you wanted as they are in default of your request;

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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I notice in one of the posts TBI (ken Edgar MD) dont charge for a CCA. I sent a tenner for SAR didnt recieve CCA/Aplication he then said I have to send £1 to get it, tightwad (oh I didnt send it;))


Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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still heard nothing back from these so far................


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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my last letter for the CCA request was back in january..... so i think they have passed the 14+2 days now!

 

They placed a default on the account when they bought/assigned themselves to this debt...

 

would it worth contacting these people to remove the default from my credit file? and if possible i could use a template if anyone has one

 

thanks


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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