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    • 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.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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HSBC 'managed loan' now OD - sold to CL Finance/Hoist/Lowell - paid until late 2018 - help


HP Mum
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1. SAR (£10 fee, I believe) to hsbc. Can someone clarify the current correct address for hsbc current accounts.

I sent mine to:

Group Data Protection Manager

HSBC Bank Plc

8 Canada Square

London

E14 5HQ

 

Surely if HPH bought an old debt for "pennies in the £" the amount they say is owing, isn't really the amount owed ???

If one offers a settlement I understand dcas have the ability to write only partially settled on your CRA file. But if the debt was sold at a really low level and I clear (evenutally when I get more £s) it at that level, then surely the debt would be settled in full, not partially ???

 

The purchaser just buys the rights and duties to the debt under the Law of Property Act 1922. They do not buy the debt itself. Therefore, what they paid and what you owe are separate things in law.

 

I actually got a copy of part of the deed of assignment in one of my requests (I think this was a mistake on their part. I knew the difference and asked for a copy of the Notice). All it stated was that my account was part of a bundle covered by the legal agreement. No figures were mentioned.

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I always send SAR to HSBC's Head office, at least it gets to the department it should !

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  • 7 months later...

Can someone please advise the situation when hsbc sends back the Postal Order

- saying the signature on my letter does not match the one they have on their files?

 

I seem to remember that this was an issue - ie that they could "manipulate" documents.

 

We seem to always be advised not to sign, just scribble or digitally sign letters - so how do I respond to this request?

 

They sat on my SAR request for more than a month.

 

And have sent several sheets asking me to go in to a bank to verify who I am....

 

Seems huge time wasting exercise given my address is the same as it has been for many years....

 

And I am who I am....

 

And have returned the PO

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have you moved since you took the credit out?

 

you should ALWAYS sign an sar properly.

 

there has never been and need to not do so with an sar to the OC

 

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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  • 5 months later...

Update:

I resent the SAR request in Mid May, got a response mid June saying hsbc will provide all info by mid July

So I wait to see what they produce.

 

 

In the meantime I continue to make my monthly payments.....

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  • 1 year later...

An update:

I have received a letter regarding this account.

 

The company 'owning' the debt - apx £20k - has offered a large discount if I settle.

If I pay £4; they'll discount £16... What is their financial rationale behind such a statement????

 

They say my credit file will be updated to show 'partially settled'

BUT this debt is not currently showing on my CRA file....

 

I don't have the funds to make such a settlement now but..

..if I do enter into correspondence with the dca and eventually agree a settlement amount

(maybe later this year if my finances improve)

can they update my CRA to show the account is partially settled when currently this account does not even show?

(It fell off my file ages ago as the debt is so old)....

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once its gone its gone

its not hurting you

 

 

and if they are offering a discount

as we already know 90% of these managed loan debts are bogus anyway

because of the unlawful way the OC 'managed' them.

 

 

pers id totally ignore them

unless they are stupid enough to issue a claimform.

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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  • 4 weeks later...

pers I would of stopped paying years ago

all yo are doing in lining their pockets and delaying the SB date.

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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  • 8 months later...

update

I have received another letter from the dca: CL.

They are again offering the opportunity for me to pay £4k against what they say is a £20k debt.

I have paid about 6k to CL since the debt was assigned to them, 50/m.

Its not secured and its not a managed loan - just a regular old debt.

Its also not on my CRA file. Even though they suggest they will add it to my records as being 'partially settled'. No-one would see their recording.

I don't have the 4k or anywhere near that to be able to pay them anyway.

But I do wonder what would happen if I stopped paying the 50/m - as someone last suggested on here....???

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You should have stopped 13 yrs ago

It is the managed loan that HSBC dumped into the OD

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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Hsbc TRIED to put it into a managed Loan. I never agreed.

So it is just an OD debt that i am paying 50/m against to the dca - CL

 

If I stopped paying

- I know I will get threatening letters from Rob Way

- cos that is what has happened before.

Are they just empty threats?

 

I thought that because I had been paying monthly that it isn't SB.

 

Could they take it to court as an unpaid debt- even after all these years?

 

I just don't need the hassle of threatening letters at the moment....

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Sorry but they did

Look at it this way

That OD

You never asked to borrow or have that vast figure

And they'd never give it you

 

So look thru the sar and look at what they did

 

You should have stopped paying 13 yrs ago

But you let yourself get cash cowed

 

Let them goto court and prove you asked for £10k's OD

They can't

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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Sorry. It's been a long day... and it was many many years ago.

 

they did "give" me that amount of money.

It was a business account (sole trader/unsecured) and they allowed me a huge overdraft because my biz had historically been very successful and my t/o was large; my profits good.

 

things changed and they asked me to repay the od. And I couldn't.

 

So, tbh, I did have the benefit of that amount.

I just couldn't repay it.

And it was unsecured.

 

they passed the debt to a dca.

And I've been paying 50/m ever since.

 

I guess because it was unsecured I should have stopped paying the 50/m??

I had so many other battles to fight that I did not want to run the risk of them getting a CCJ or CO.

It didn't seem such a big deal to pay this amount to "buy" my "freedom".

 

It is just cos time has passed and they have again said I can pay a tiny % in the £ that I now think that they are chancing it;

that the balance has already been repaid by the apx 6k I've already paid over the years in my monthly payments.

 

I'm really struggling with the 50/m at the moment.

Whenever Im late Rob Way is so fast with a threat letter.

And then they offer 16k off the debt....

So what to do??

Stop and just see what they do?

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yes

£16k discount!!

 

ive said this so many times

why do you think a world wide bank sold such a large debt and didn't crush you in court

because its a lemon an unenforceable

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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  • 3 years later...

open

 

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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just re-visiting this after a few years

 

I've received letters from Hoist this year: "do I need help to manage my account?".

 

So much time passed I'd pretty much forgotten who Hoist are and what debt they're chasing!

A bit of file searching and I now realise that its an old hsbc personal overdraft debt - from 2006.

 

The thread title here is a bit misleading as hsbc tried to put the o/d into a managed loan - and failed.   I refused to sign any of their consolidation docs.  The personal debt remained unsecured.   I regularly paid a small monthly amount to dca - CL.   I stopped paying a few years ago - as advised here.   Its not on my crf.  Its not long ago enough to be sb.

 

Back in 2017 the 'alleged' debt was apx 20k and they offered a £16k discount.   in 2021 the 'alleged' debt is quoted as 20k.

Is it ok to just continue to ignore hoist? 

 

 

 

 

Edited by HP Mum
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Ignore then

until or unless you get a letter of claim

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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  • 8 months later...

Had another couple letters from the new dca for this old overdraft - Hoist.

 

**Just as a reminder it isn't a 'managed loan' - it's just an unsecured overdraft.

 

Hoist wrote in Sept - asking me to set up a payment plan !

 

Hoist wrote start Nov  - asking if I need help managing my account.  They state the debt as £20k.   

The last dca was CL and I stopped paying them a nominal monthly amount years ago - but not long enough ago for it to be SB

 

Shall I just file and ignore?

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:cheer2:

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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  • 1 year later...
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