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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
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very old CCJ passed around everyone - help.


rubymay30
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I had a CCJ charging order put on my property in 2007 HFC credit card for £3.777 by Restons.

 

i agreed to pay £2 a week at the time as i was not working and was seriously depressed,

 

i have never missed a payment and still pay.

 

The debt was passed on to Marlin Financial services in 2008

asking me to contact them to agree payment terms.

 

I just ignored them and carried on paying £2 a month.

 

In April 2010 i had a letter from Mortimer Clarke Solicitors basically saying i need to increase payments debt now up to £4006,

 

i had another letter from them in October 2010 saying 8% interest per annum is being added debt by then was £4972.

 

In July 2012 a letter arrived from Marlin with a statement of account balance owing £3950.

It states on the letter that NO CONTRACTUAL INTEREST IS PAYABLE ON THE AMOUNT OUTSTANDING.

 

The original court application in 2007 says the the charging order is for (including any costs and interest) £3777,

 

does not include further interest payable on the judgement debt and the Judgement order did not provide for payments by instalments.

Its all very confusing.

 

Most recent letter from Mortimer Clarke was asking me to up payments directly to them.

 

I have sent a letter to them asking for interest to be removed still waiting for a reply.

 

I am just really confused please help lol

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own thread created.

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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see like you've been done over here.

 

take the Judgement date

 

workout how much you have paid at £2PCW till today.

 

the remainder of £3777 will be what is needed to be paid to get the CO removed.

 

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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Share on other sites

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