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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.
    • New version after LFI's superb analysis of the contract. Sorry, but you need to redo the numbering of the paras and of the exhibits in the right order after all the damage I've caused! Defendant's WS - version 4.pdf
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      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.
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UK cc debt in Spain


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What action can DRC`s take.

 

I am resident in Spain for the last 10 years.

 

As a pensioner I have limited resources and no assets except my house in joint names with little equity due to the property crash.

 

No assets in england ( £20.00 in Bank and £10 PSB).

 

I was paying £1 pm on debt of £4300 to MBNA(ex Alliance & Leicester)

 

They have now reassigned this debt to a DRC.

 

What can they do?

 

I know they cant get a CCJ as I am out of Jurisdiction but can they try thru a Spanish court?

 

If so they do have to use UK law?

 

Otherwise I suppose they will try to get money out of me.

 

Is it worth offering, say £500, in Full and Final settlement,

 

I cant afford to pay monthly, a least not a meaningful amount.

 

Also MBNA wasn´t charging interest,

 

will the DRC start charging interest now?

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been there 10yrs

 

no-one local ever told you they nor anyone can do anything to 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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yea depends how you read it :lol:

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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Up to you what you do. There is no reason why you cannot just continue to pay DRC the £1 per month that you have been paying and they can either take it or leave it. OR you decide to stop paying and see what happens. They could go for a European Enforcement Order, but if you dispute this, then they are back to trying to get a CCJ in the UK and then trying to get a Spanish court to enforce it. They can alternatively apply for your bankruptcy in the UK in your absence. It is for the latter reason that you might choose to pay £1 per month or at least offer this based on current affordability, as this might prove useful. If they refused to accept £1 per month, it should county against them if they tried to make you bankrupt.

We could do with some help from you.

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Re above. I understood from this site that as I am not resident in the UK(fiscally or physically) they cant go for a CCJ or Bankruptcy-am I right? I also thought to go for an European enforcement order they had to have a CCJ to enforce? Does anyone know if they actually send the collectors round to houses in the EU?

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Re above. I understood from this site that as I am not resident in the UK(fiscally or physically) they cant go for a CCJ or Bankruptcy-am I right? I also thought to go for an European enforcement order they had to have a CCJ to enforce? Does anyone know if they actually send the collectors round to houses in the EU?

 

No, they can go for bankruptcy in your absence, sending a statutory demand to your last known UK address. Although if they know your Spanish address they should really advise you of their intentions.

 

They can apply for a EEO where you are currently resident, but if this is disputed they are back to trying to enforce in the UK. They should not apply for a UK CCJ that you could not defend, but they may do so and then they could ask for a Spanish court to enforce.

 

In your situation, I think I would write to DRC letting them know of your poor financial position in Spain and that you would struggle to offer them £1 per month. At least then they could not say that you did not inform them of your situation.

 

I doubt that they would arrange for doorstep collectors to visit you in Spain and even if they did, they have no powers. I have heard of some debt owners passing the debt on to companies such intrum Justitia, who have offices in Spain, but I don't know to what extent they chase debts up.

We could do with some help from you.

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No, they can go for bankruptcy in your absence, sending a statutory demand to your last known UK address. Although if they know your Spanish address they should really advise you of their intentions.
They can't if the OP has been out of the UK for three years or more.

 

There are some restrictions on you being

able to present a bankruptcy petition if a

debtor who lives abroad fails to comply with

a statutory demand:

 

• If the debtor lives in one of the member

states of the European Union (apart from

Denmark), you will not be able to present

a bankruptcy petition against that person

if they carry on business or earn their

living in that EU country.

 

• If the person is retired or unemployed, the

court will look at the place where they

normally live. You have to make the

person bankrupt under the law of the

country where they normally work or live.

http://www.consumeractiongroup.co.uk/forum/showthread.php?255040-Declaring-Bankruptcy-In-The-UK-If-You-Now-Live-Abroad(1-Viewing)-nbsp
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They can't if the OP has been out of the UK for three years or more.

 

Ah ok. I overlooked there being any time limit. I think in the OP's case they should probably advise the debt company of their situation and that they have been resident in Spain for 10 years. At least then it might prevent them saying that they will enforce in ways that they cannot.

We could do with some help from you.

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Can a statutory demand be sent to an EU address if the OP has been out of the country for more than 3 years? If making SO bankrupt in, say Spain, under the laws of the country wont a person have to commit an act of bankruptcy in Spain or does a default in England count. Any way, at the speed the Spanish legal system works it would be years before this got thru even if uncontested and I would be dead or in a home by then.Perhaps an offer in full and final settlement would be in order. In view of my parlous financial situation if they refuse I can use this in any defence.

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See pages 4 & 5

 

They would need to serve you with a SD & prove it had been served correctly; http://webarchive.nationalarchives.gov.uk/+/http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/statdemand.pdf

 

 

A statutory demand is not a document issued by the court. Leave to serve out of the jurisdiction is not therefore required. When a statutory demand is served outside the jurisdiction, the time limits for compliance (21 days) and for application to set aside (16 days) must be amended. This is done with reference to the Extra Jurisdiction Tables (Time for Acknowledgement of Service) in the Supreme Court Practice 1997, and the time is altered with reference to each particular country. [see Practice Direction (Bankruptcy: Service Abroad (No 1 of 1988 [1988] 1 WLR 461.]
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In the vast majority of cases it is just not economically viable for them to pursue bankruptcy an EPO or even a EEO unless the debt is fairly substantial usually in the many tens if not hundreds of thousands. A creditor is not going to invest time, energy and money in expensive cross-border legal fees when there is no certainty that they will ever get the money back.

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That´s what I thought. However, on a point of interest, having read the link, it seems that action for Bankruptcy has to be taken in the member country(all others inc Denmark having a limitation of 3 years). The question then is would a default in one country be recognised as such by another? Any way I read it as a statutory declaration cannot be made in UK but that the foreign courts proceedures must be followed (with whatever the equivalent of a SD is). The question is does anyone actually know if other EU courts

would recognise a foreign debt as grounds for Bankruptcy. I suppose one way they could do it would be to sell the debt to a Co in that country and take action from there, however I am sure that this would be easy to challenge.

Thanks for all the advice

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The UK bankruptcy laws are archaic and an application can be made for BR for a debt over £750 although this is being considered to be increased.

 

If a creditor was to apply for your BR in another EU state they would have to do so within the legislation of that country.

 

Have you sent MBNA a SAR to see exactly what charges they've added & was there any PPI? If so both can be reclaimed + statutory interest which could considerably reduce the alleged debt.

 

Also I seem to remember that there was some problem with MBNA being able to produce the CCAs from the A&L a/cs, if that's the case they would not be able to bring any action & you could defend any BR application on that basis.

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