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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case on this topic that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Should this ever happen to me, I will make an appeal at the first stage to avoid any problems that may occur at a later stage. Also, I continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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WElcome Finance - Ccj & default for same debt - reclaiming?


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I just recieved the documents back from Welcome Financial after the SAR Request.

 

Within all its contents, there no no mention of them sending me a default notice, no copies of the default notice nor have they mentioned the postal of such notice in the Account Collection Notes that they have provided.

It does mention that a Default sum notice was ISSUED on 02/01/2009 and the default was placed on my credit file on 11/05/2009, but I do not recall recieving any default notices.

 

What suprises me is with the SAR documents they have sent a Default notice dating 23/11/2010 with no signature and with my address wrong on it.

A letter is also enclosed stating the issue of the default notice also dated 23/11/2010, no signature and wrong or part address.

 

This has really confused me, why are they sending me default notices dating couple

weeks back with no signature and wrong address with the SAR??

If they have sent me a default notice BEFORE they placed it on my credit file, why did they not provide it with the SAR??

If the default was placed on my file in 2009, why are they sending one dating 2010?

PLEASE SEE THE ATTACHED LETTERS BELOW:

 

Default Letter.pdf

Default Notice.pdf

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I did not recieve any default notices.

The default is on my file as I have recently obtained my credit file and verifyed it was placed on my file on 11/05/2009.

 

The current status of this outstanding debt with them is gone to a stage where they have sent a Attachment of Earnings Order.

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Sorry, my mistake, I meant CCJ.

Is there any way for challenging this debt? I wrote to the court over a month ago informing them of my circumstances and wrote to them that I have since changed employment, but couple of days ago my previous employer informed me that he recieved another AEO which he sent back saying that I no longer work there.

The court has not replied to my letter which has been over a month.

Shall I write to the solicitors who issued the AEO on behalf of welcome finance??? what shall I do?

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I must thank you sincerely for you advise.

 

The CCJ was obtained as stated on my credit file on : 11/05/2009

The solicitors dealing are: Howard Cohen & Co Solicitors

There is no mention of the CCJ proceedings on the SAR return.

 

I have moved home couple of months ago and when i wrote to the court, I did inform them of this. The letter was sent by registered mail.

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I dont know of the N1 but I did recieve a form asking me to provide details of my income & expenditure which I did.

After that the court made a suspended attachment of earning order for me to pay £10 per month.

I always made payment in advance via cheque, 2, 6 months in advance via post dated cheques. When I made the 6 months advance payment, before the last 2 payments I went back home for some important matters and on return I totally forgot that the payments were due, I even lost the paperwork and did not know who to pay, where to send, so I sent Howard & Cohen an email requested such information which they did not reply to. After couple of weeks they called me saying if a payment is not recieved, legal action would be taken, I explained that I need details, they said they would post it to me.

Few weeks later, my employers informs me that i have a AOE!!

 

I moved home Sep/2010

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The i&e form would normally be post ccj

 

the n1 claim form is normally blue and is issued out of nothampton ccbc court

 

setting aside the ccj is up to a judge but non receipt of the claim form is a valid reason to set aside

 

the debt would still exsist but knowing welcome like i do ill pull there claim apart, with delight as cohen is involved

 

cohen will fight it

 

my score is five out of five with cohen

 

put in a decent defence and he will withdraw any action

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