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    • Thanks for the welcome Andyorch   dx100uk - I have had 2 previous addresses since coming back to the UK.   Does this mean I should not ignore?   
    • I would be inclined to rip their WS apart. That way, I doubt that VCS would wish to proceed to Court.  In paragraph 5 VCS claim they have full compliance with their Code of Practice for Private Enforcement and Private Land. Really? Can this be the same VCS that was issuing PCNs between 2013 and 2017 knowing that the signage there had not been agreed by Liverpool council and therefore the signage was illegal. Here is an open letter from the Parking Prank   Tuesday, 19 November 2013 An open letter to Simon Renshaw Smith of VCS parking regarding Liverpool John Lennon Airport   19/11/2013 Dear Mr Renshaw Smith,   I wish to draw your attention to the procedural impropriety in your operational activities on the approach roads within Liverpool John Lennon Airport.   You are actively operating under contract to issue civil penalty tickets (PCN’s) for traffic offences on the roads such as stopping at the roadside, whether for seconds, minutes or even longer, or for parking on the roadside verges.   You are doing so based on an allegation of contractual agreement for a breach of parking conditions and are actively sending out a notice to keeper in each case where you ask for the name and address of the driver. You are doing this under the provisions of the Protection of Freedoms Act 2012.   As you are no doubt aware, due to your many years of experience in emptying people’s wallets, where land is governed by byelaws the remedy for any breach of conditions of those byelaws is through the criminal courts, such as a magistrates.   Not only that, since the byelaws set an amount of penalty for failure to comply with them; a further amount based on your own assessment is unlawful at best and perhaps even fraudulent.   A set of the byelaws for the Liverpool Airport have now been obtained from a reliable source, Liverpool City Council,  which sets out the airport’s stance on roadway use, or misuse. It also lays down a penalty upon summary conviction for a breach of the byelaws of £5 for the 1st offence and a further amount of 40 shillings for a continued daily breach.   I put it to you that these byelaws govern the airport’s penalty regime for the alleged contraventions you are enforcing. In fact there is no penalty for stopping at the roadside. There is no offence committed so there can be no penalty unless it can be proven in a magistrate’s court that this action amounted to a failure under para 14: “Driving or placing a vehicle carelessly or dangerously or without due consideration for persons using the airport”   Para 18 gives notice that a “failure by the driver of a vehicle to comply with any direction for the regulation of traffic given by a constable or any person acting on behalf of the council or a traffic sign” will be subject to the penalty regime of the aforementioned £5 plus 40 shillings per day afterwards.   The mention of the traffic signs and the council's part in the overall monitoring means that the signs must be compliant to the TSRGD which are those shown for the public highways; not the ones arbitrarily stuck at the roadside by yourself which are meaningless in the context of the legal status of the byelaws.   Furthermore, POFA 2012 3(1)(c) states that Schedule 4 only applies on land on which the parking of a vehicle is not subject to a statutory control. It further states (3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.   The byelaws state at para 2.19 that the following act is prohibited. The penalty for this is a fine not exceeding five pounds.   POFA 2012 therefore does not apply, and you may therefore only pursue the driver and not the registered keeper. Moreover, you may only pursue them for the sum of five pounds.   Knowingly pursuing the registered keeper when POFA 2012 is an offence which the DVLA take extremely seriously and may ban you from access. The BPA wrote to you in their electronic newsletter this month reiterating this.   I put it to you, Mr Renshaw Smith, that your company is operating unlawfully at the Liverpool Airport site and ask what you intend to do since this has now been brought to your notice.   May I remind you that since this is an unlawful operation, you may well be required at some later time to recompense the amounts of the PCN’s already paid by drivers, and perhaps face tough questions in a court of law, not just a civil court.           Happy Stopping Briefly At the Roadside   The Parking Prankster   The Prankster would like to thank his source for the above   I am sure that you will find other examples of VCS not complying with Code of Conduct or the Law.   And of course VCS do not have the ability to take you to Court because you were a trespasser and only the land owner can take a trespasser to Court.          
    • Yes ...you have it confirmed by the court above that they requested a copy of the Order/Consent on the 2/08/2019....and then requested judgment on 21/08/2019 .
    • blimey J&P   I wonder how many more solicitor firms UAE creditors will try and use as a cheaper alternative to IRDWW and their cohorts that appear to have cost them £1000's in fees for nothing in return.   if this is not a letter of claim  pers i'd ignore them unless you have previous UK addresses since coming to the UK?
    • Thats the idea.....any further flaws with the reconstituted agreement ? They will be able to rely on a recon given that the agreement is post April 2007 but it must be accurate and a true copy of the agreement used from that date.   Andy
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Tucoist

Student loan from Sallie Mae, now by Drydensfairfax solicitors

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Quite a lot of universities do, I know my uni does for their Masters courses. Limitations issues can be pretty complicated due to the cause of action being delayed, it's not always clear cut at all.

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Of course the usual advice for anyone wishing to avail themselves of a possible statute bar, is to make the statement in writing to the other side, and shift the burden of proof.


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DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Many thanks for all your help and advice guys.

 

I want to know all of my options and how best to deal with this ghastly situation.

 

If it is not statute barred I would like to make a minimum payment as I am going freelance.

 

This would mean that I would not be getting a guaranteed income every month,

 

as work picks up and I earn more, maybe, i could change it.

 

If it is indeed statute barred I would investigate this as it seems like a totally legal road to go down.

 

Any ideas?

 

Do you think maybe a SAR would be useful in this case?

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i'd sit on it.

 

its been sold to arrows

and their dogs drydens have taken it on

 

its quite obviously a lemon debt

else why did the OC and Total credit sell it.

 

what is the default date on your CRA file?

 

strange it suddenly appeared.

 

dx


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I have not heard the term lemon debt before, but it has been sold on twice now.

 

 

The default date on my credit file is Started: 21/11/07

 

 

Default Date: 05/04/12, dos this make sense.

 

 

They gave me two weeks from the date of the last letter (22nd July) to respond.

 

 

I am still unsure what to do.

 

 

Any ideas guys??

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huh

defaulted 2012?

you sure that's not an update date

 

that's VERY wrong.

 

dx


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I thought that was a bit strange also but on my credit report thats what it states as the default date. I must be looking at the right thing...

 

Company: ARROW GLOBAL LIMITED - Started: 21/11/07 - Default Date: 05/04/12 - Account Updated to 19/05/13

 

I wonder why it states last year as the default date. I wonder if this has something to do with 'SALLIE MAE' ceasing trading in this country and handing it over to someone else?

 

What do you think will happen if 'DRYDENSFAIRFAX' do not hear from me as it is nearly two weeks and they said they will be seeking legal action against me, that is worrying...

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When were you supposed to start repaying the loan as per the contract?

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I think it was maybe between 6-9 months if my memory serves me correct (i am at work at the moment and will check later this evening)

 

 

but it was a long time after this that I found out that 'SALLIE MAE' had stopped in this country

and 'TOTALCREDITFINANCE' had started to send me letters.

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As far as I understand the default date on your credit file needs to coincide with when the actual account would have defaulted as per the contract. There is something in the back of my mind which tells me that it needs to be placed on the file within 6 months but I'm sure Mr DX will clarify that point.

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yea I know

 

something is very wrong here

 

dx


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Do you think that maybe because it has been moved around a few times (Lemon Debt) that some of the actual information has been lost.

 

Are they trying scare tactics with me on the basis that I am naive to things of this nature?

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That's potentially possible. It could also be that they are trying to mislead you as to the legitimacy of the debt - and the whole 6 years argument. A recent case has suggested that the six years runs from when the default occurs rather than when the terms of the contract are breached.

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who owned the debt when the default was placed?

 

certainly me thinks the CRA people;e

or even the ICO should be alerted to what has happened.

 

whichever way I look at it

it doesn't make sense

 

dx


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The cause of action date under section 5 would commence when the creditor was entitled to reclaim all sums due under the agreement, this is generally on termination of contract, since before that time the debtor would be entitled to repay under the terms. After this the COA can be re-set by the acknowledgment of the debtor usually by making payments on the account.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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The cause of action date under section 5 would commence when the creditor was entitled to reclaim all sums due under the agreement, this is generally on termination of contract, since before that time the debtor would be entitled to repay under the terms. After this the COA can be re-set by the acknowledgment of the debtor usually by making payments on the account.

 

Yup. Totally agree. Just wondering if this firm are going to try and argue BMW v Hart

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A confusing one. I've come back to this each day for the last few days, but it's not making sense. Is it worth a SAR to the OC?

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yea but who the hell do we deem to be the OC?

 

tell you what

 

 

why don't we fire a CCA request off to arrows?

 

only cost a £1...

 

that'll sort the problem if this debt IS owed

I bet they have nothing.

 

this default interest's me.

 

who was the owner when it was marked default?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi Guys, many thanks again. I have attached the bits on my credit report to see if that can shed any more light on the situation.

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Hi Guys, did the upload work? any clues on the credit report? Its one of the Experian ones for two pounds.

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If it were me I'd want sight of the agreement before engaging in any other correspondence.

 

Unless you have the original you'll be stumbling around in the dark trying to work out the interest terms

pre or post deferment and the natural end date of the agreement.

 

Double entry within your CRA files.......

. would have said duplicate but given the differing values and start date I believe the agreement may assist you in addressing that matter.

 

Not uncommon for a business to write off a balance within one operating system and recreate within another, hence a duplication of the 'debt'.

 

It's possible it may file in the meantime, with a combination of AG & Drydens Fairfax who have little regard to playing fair

it could take a punt at filing for the entire balance whilst you await it's response.

 

I wouldn't advocate doing nothing, I'd prefer to use the opportunity to establish the true quantum

and whether you should have been offered the opportunity to defer the capital repayment.

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When you say agreement do you mean the original that I signed with 'SALLIE MAE'? at the beginning.

 

The double entry is correct as it was split into two different parts as I did not receive the money in one lump sum.

 

As today is the last day before they start legal proceedings

I would like to get something moving.

 

How long do you think it will be before something legal will happen?

 

Is it usually quick?

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I am still very scared that the bailiffs will come knocking!! without my stuff I cannot work.

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When you say agreement do you mean the original that I signed with 'SALLIE MAE'? at the beginning. The double entry is correct as it was split into two different parts as I did not receive the money in one lump sum. As today is the last day before they start legal proceedings I would like to get something moving. How long do you think it will be before something legal will happen? Is it usually quick?

 

Yes, the original with Salliemae.. AG should be presented with the request although it would seem sensible to cc Drydens, not sure how well they communicate with each other.

 

No hard and fast rule........ it may file tomorrow or it may never attempt enforcement. It's just my opinon but I believe you should be doing something positive to establish the facts.

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I am still very scared that the bailiffs will come knocking!! without my stuff I cannot work.

 

 

Not going to happen.......... It can't do much except stamp it's feet without a judgment to enforce

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