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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • 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.  
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PPI On One Loan, Deafulted On Another


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Just a quick one about whether I should consider making a claim or not?

 

I was a LloydsTSB customer for many years and took out a few low value loans with them

 

Loan #1 was for £1000 and I refused the PPI

Loan #2 was for £1500 and I was told I had to take the PPI or the application would be rejected

Loan #3 was for £1500 and I defaulted after 2 payments.

 

When I was chased up by the DCA they consistently failed to send me all the relevant documentation.

 

they would send Page 1 of the CCA but Page 1 referenced Page 2 and Page 2 was not forthcoming.

 

I pointed out they had failed (more than once) to satisfy the request and have heard nothing of it since.

 

The question is,

 

do I go for a PPI claim on Loan #2 (taken out about 9/10 years ago?)

and if I do would it then alert them to my current contact details and set the ball in motion again for them to chase up Loan #3?

 

Ive not looked at my credit report because that will them update all my records with them

and I dont know if there are any other skeletons in that closet that might want to come and haunt?

 

Mind you,

I did get a credit card last year so I cant be in too bad shape financially?

 

EDIT: Why does this forum remove all the formatting in a post?

 

Make reading the post so much more difficult

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You might want to consider obtaining statements for the loan that has PPI on it and working out what type of figure you are looking at reclaiming. They will almost certainly want to offset any refund against outstanding balances on the other defaulted account.

 

If the account that has the PPI on it has been sold to a 3rd party then they should not be allowed to offset because they no longer have any interest in the account.

 

To obtain statements you would need to send a Subject Access Request to LTSB, it will cost you £10.00 and they have 40 calendar days to comply with the request.

 

Once you have those, we have spreadsheets that you could use to work out how much you should be getting back.

 

You would of course need to give them your current address in order to receive the SAR data.

 

When was the last time you made payments or acknowledged liability of any of the defaulted accounts - if longer than 6 years in England and 5 years in Scotland then the debts are statute barred. This does not mean the debts disappear, but that they can no longer sue for payment :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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The PPI was on a loan that I paid back in full and on time so I could claim that back OK. The thing I dont want to do is alert them to where I am and set them off again. The debt was was a DCA and it would have been a good 5 years ago the last time I had any contact. With the DCA all I asked for was the CCA which they never fulfilled.

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Righto, well then if the Loan has been repaid and they have sold the other account to a 3rd party, then IMHO you should be ok to make the claim !

 

You could check your credit files and see who is recording the default on the defaulted account, that should indicate who owns it now.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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There may be a problem as banks only keep records for 6 years after an account is closed:

A SAR or CCA request will not restart the statute barred clock.

You need to know when the accounts were closed do these appear on any credit reference files?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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I am trying to avoid joining up too many dots for others as I left the country for a little while

and in that time some things have happened that im not sure are right.

 

Ive got the DVLA chasing up a SORN fine on a car that I scrapped and

ive got a phone company chasing me up for a debt that I run up on a pre-pay phone too?

 

There is also the small matter of Natwest wanting their overdraft back

but I had a begging letter from a DCA suggesting they would take 1/2 the debt owed if I paid up.

 

Ive still got a couple of years of avoiding to do on that one so dont want to make it too easy for them.

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get your cra file.

 

if you've had discount letters then the debt is suspect!!

 

you cold well be worring about NOTHING.

 

if you've had recent credit

then they ALREADY KNOW your new details

 

its a sad old wives tale that using cra's alerts creditors.

 

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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