Jump to content


  • Tweets

  • Posts

    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
    • Regarding a driver, that HAS paid for parking but input an incorrect Vehicle Registration Number.   This is an easy mistake to make, especially if a driver has access to more than one vehicle. First of all, upon receiving an NTK/PCN it is important to check that the Notice fully complies with PoFA 2012 Schedule 4 before deciding how to respond of course. The general advice is NOT to appeal to the Private Parking Company as, for example, you may identify yourself as driver and in certain circumstances that could harm your defence at a later stage. However, after following a recent thread on this subject, I have come to the conclusion that, in the case of inputting an incorrect Vehicle Registration Number, which is covered by “de minimis” it may actually HARM your defence at a later stage if you have not appealed to the PPC at the first appeal stage and explained that you DID pay for parking and CAN provide proof of parking, it was just that an incorrect VRN was input in error. Now, we all know that the BPA Code of Practice are guidelines from one bunch of charlatans for another bunch of charlatans to follow, but my thoughts are that there could be problems in court if a judge decides that a motorist has not followed these guidelines and has not made an appeal at the first appeal stage, therefore attempting to resolve the situation before it reaches court. From BPA Code of Practice: Section 17:  Keying Errors B) Major Keying Errors Examples of a major keying error could include: • Motorist entered their spouse’s car registration • Motorist entered something completely unrelated to their registration • Motorist made multiple keying errors (beyond one character being entered incorrectly) • Motorist has only entered a small part of their VRM, for example the first three digits In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant). It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified before reverting to the charge amount at the point of appeal. Now, we know that the "modest charge" is unenforceable in law, however, it would be up to the individual if they wanted to pay and make the problem go away or in fact if they wanted to contest the issue in court. If the motorist DOES appeal to the PPC explaining the error and the PPC rejects the appeal and the appeal fails, the motorist can use that in his favour at court.   Defence: "I entered the wrong VRN by mistake Judge, I explained this and I also submitted proof of payment for the relevant parking period in my appeal but the PPC wouldn't accept that"   If the motorist DOES NOT appeal to the PPC in the first instance the judge may well use that as a reason to dismiss the case in the claimant's favour because they may decide that they had the opportunity to resolve the matter at a much earlier stage in the proceedings. It is my humble opinion that a motorist, having paid and having proof of payment but entering the wrong VRN, should make an appeal at the first appeal stage in order to prevent problems at a later stage. In this instance, I think there is nothing to be gained by concealing the identity of the driver, especially if at a later stage, perhaps in court, it is said: “I (the driver) entered the wrong VRN.” Whether you agree or not, it is up to the individual to decide …. but worth thinking about. Any feedback, especially if you can prove to the contrary, gratefully received.
    • Women-only co-working spaces are part of the new hybrid working landscape, but they divide opinion.View the full article
    • The music streaming service reports record profits of over €1bn (£860m) after laying off 1500 staff.View the full article
    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

statute barred? Debt company demanding payment in full! scared and need advice!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3827 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, was wondering if anyone could give some advice on what to do.

 

Years ago I opened up a student account with bank of scotland and had an overdraft, i went over my overdraft limit by literally a few pence and got bank charges, which made me even more over my overdraft limit. To cut a long story short, it kept spiralling so i opened an account with a different bank and as i was young naive and stupid stuck my head in the sand with bank of scotland account and ignored it.

 

 

I have never got in touch with bank of scotland over the years about this debt and have made no payments, I can't be sure of exactly how long ago it was as I don't have any documents with dates on it but im sure it was over 5 years ago. So i've heard absolutley nothing from bank of scotland and a couple of weeks ago I got a letter from TBI financial saying they have bought over the debt from IND limited in august 2012, never heard from IND either.

 

The letter said i had to pay and they included a sheet that asked EVERYTHING...who i worked for, date i got paid every month, incomings, outgoings etc (do they have a legal right to know this information?) I went to citizens advice beaura and they said that it seems like my debt is statute barred (if it has been 5 years) and they think they are chancing it, so I ignored the letter and fast forward a couple of weeks this morning I got another letter from TBI saying I am in breach of the provision in the credit agreement and I have to pay £3085.50 by 22.10.13, there is no way i can conjur up that money in a couple of weeks!!!

 

They then said that if i dont pay the credit agreement will terminate on 22 October and they will issue county court proceedings for the recovery.

 

I'm really scared and don't know what to do next!!

 

Would be so greatful for any advice,

Thanks.

Edited by citizenB
Link to post
Share on other sites

They have no legal right to ask for anything.

 

Please don't be afraid of them. They like to make you believe that mounted police will come charging down your road and arrest you.

 

Send the letter above as advised, I would send it recorded if I was you.

Link to post
Share on other sites

also, do you know if a bedt collection agency has a legal right for you to tell them your incomeings/outgoings etc?

 

As conniff says, you are under no obligation to supply that information.

 

Link to post
Share on other sites

Hi

What credit agreement. This was an overdraft.

 

Most DCAs threaten all sorts but don't follow through that often but never say never. Most DCA letters say 'May', 'Might', 'If'. very few say anything different.

 

They are not entitled to an I&E statement from you.

 

I am assuming that as you mention 5 years, you are in Scotland and as such if you haven't paid nor acknowledged this debt in writing then this debt is most definitely extinguished

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

yeah this credit agreement they mentioned confused me, saying i had failed to make payments as I know i haven't agreed to anything like that. I was 19/20 first time dealing with living away from home, managing finances etc and was stupid and clueless, I would never allow myself to get in a situation like that now.

 

The first part of the letter states

 

"you, the customer, are in breach of the provision in the credit agreement which specifies that you will make monthly payments on the dates prescribed in the credit agreement. You have failed to make payments as specified under the credit agreement and are required to take the following action to remedy the breach:-

 

Pay the total outstanding balance of £3085.50 before the 22.10.13

 

they then go on to say if i don't they will issue county court proceedings for the recovery of the whole balance? DOes this mean they will take me to court? and this credit agreement is confusing me.

 

Yeah conniff i agree, they do make you feel like with their scary letters.

Link to post
Share on other sites

I've signed up with experian, waiting on a pin being sent out in the post, then need to enter that on experian then I'll be able to see my full credit report. Only ever received 2 letters from TBI financial and both of them just refer to bank of scotland

Link to post
Share on other sites

ok so i've had a look at my credit report on noddle and it is showing defaults from September 20122 to October 2013 for IND limited (who TBI said they bought the debt from in August 2012), there is no mention of TBI on there. ALso one of the security questions when i was setting up my account said " you oppened up a current account in July 2008, who was it with" and this was with the bank i opened an account with after leaving bank of scotland, so this is over 5 years, just.

Link to post
Share on other sites

I will do, thank yous for all your help! Just one last thing, is the debt still seen to be statute barred if they have written out to me? I have moved several times over the years and this is more than likely why I have not received these lettere that they say have been sent out by IND.

Link to post
Share on other sites

Hi, yeah I live inscotland.

 

 

 

So this debt is not just statute barred it is totally extinguished, the letter ims suggested is the way to go.

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

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Just a word of caution, the statute bar commencement date on an overdraft would run from the time the creditor was entitled to recover the full amount owed under the agreement. This would be when the overdraft was called in. This may be some time after your last payment on the account, after this the start date can be reset by any acknowledgement or payment 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

Link to post
Share on other sites

  • 4 weeks later...

Hi there, ok so I posted off the statute barred letter and I received a reply the other day, they sent me bank statements from January 2006 up to when the account must have been closed in September 2011. It clearly shows on the statements the last ever transaction on that account mas made for £2.72 on 8 July 2008. The had written a letter along with the statements they provided and said " As requested, please find enclosed a statement of your account detailing your transactions and you will note from the information provided that this accounst is not in fact statute barred as you have implied".

 

I was under the impression that they would have had to provide information on me acknowledging the debt within the last 5 years. Even thought it shows that the account was closed in september 2011 this wasnt by me asking for it to be closed as I have not been in contact with bank of scotland at all. What do I do next? Would really appreciate some advice!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...