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    • Thanks for posting the CPR contents. i do wish you hadn't blanked out the dates and times since at times they can be relevant . Can you please repost including times and dates. They say that they sent a copy of  the original  PCN that they sent to the Hirer  along with your hire agreement documents. Did you receive them and if so can you please upload the original PCN without erasing dates and times. If they did include  all the paperwork they said, then that PCN is pretty near compliant except for their error with the discount time. In the Act it isn't actually specified but to offer a discount for 14 days from the OFFENCE is a joke. the offence occurred probably a couple of months prior to you receiving your Notice to Hirer.  Also the words in parentheses n the Act have been missed off. Section 14 [5][c] (c)warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid; Though it states "if any applicable ...." as opposed to "if all applicable......" in Section 8 or 9. Maybe the Site could explain what the difference between the two terms mean if there is a difference. Also on your claim form they keeper referring to you as the driver or the keeper.  You are the Hirer and only the Hirer is responsible for the charge EVEN IF THEY WEREN'T THE DRIVER. So they cannot pursue the driver and nowhere in the Hirer section of the Act is the hirer ever named as the keeper so NPC are pursuing the wrong person.  
    • This is simply a scam site.  It's been shown to be a scam in the national press and on national TV. Please fill in the the forum sticky and upload the invoice you've received. In fact what you have is an invoice, not a fine, a private company doesn't have the power to issue fines.  
    • Moved to the Private Parking forum.
    • Good afternoon, I am writing because I am very frustrated. I received a parking fine from MET Parking Services Ltd , ( Southgate park Stansted CM24 1PY) . We stopped for a quick meal in Mcdonalds and were there fir around 30 mins. We always do this after flights and never received a parking fine before.  Reason: The vehicle left in Southgate car park without payment made for parking and the occupants southgate premises. they took some pictures of us leaving the car. i did not try and appeal it yet as I came across many forums that this is a scam and I should leave it. But I keep getting threatening letters.  Incident happened : 23/10/2023 I did contact Mcdonalds and they said this:  Joylyn (McDonald’s Customer Services) 5 Apr 2024, 12:05 BST Dear Laura, Thank you for contacting McDonald’s Customer Services. I’m sorry to hear that you have received a Parking Charge Notice following your visit to our Stansted restaurant.   We've introduced parking restrictions at some of our restaurants to make sure there are always parking spaces available for customers.   We appreciate that some visits such as birthday parties or large group visits might take longer and the parking restrictions aren't intended to stop this. If you think your stay will exceed the stated maximum parking time then please speak to a manager in advance.   Your number plate is scanned by our Automatic Number Plate Recognition (ANPR) system when you enter our car park, and then again when you leave. If you have overstayed the maximum time allowed, you will not be notified straight away- a Parking Charge Notice will be sent to you via the post.   If you feel that a Parking Charge Notice has been issued in error, please contact our approved contractors who issued the charge in order to appeal the charge. Unfortunately McDonald's are unable to revoke parking tickets- the outcome of the appeal is final and cannot be overturned by McDonald’s.   Many thanks for taking the time to contact McDonald’s Customer Services.   Can someone please help me out and suggest what I should do next?  Thank you 
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lowell/Carter claimform - old cap1 'debt'***Claim Struck Out***


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Hi Everyone,

 

After some advice please if you have the time, please reply.

 

My situation as it stands:

 

Court papers received from Lowell Portfolio 1 LTD (assigned from CAP 1) claiming the full amount owed on the credit agreement.

 

I was three weeks off being 6 years since defaulted so clearly this is a final ditch attempt.

Had to stop paying 6 years ago as was unemployed with no income and huge debts.

 

Previously requested SAR & CCA from CAP 1 and all they have ever provided is a new copy template agreement, no signed documents.

They have repeatedly stated 'this is your credit agreement with us' and that is it.

 

Requested a PPI reclaim from CAP 1 in 2009 which at the time with 8% interest amounted to just under half the debt amount overall.

PPI and unlawful charges claim resulted in an offer of £16 for unlawful charges.

I was self employed at the time of the card application and PPI would not have been suitable for me.

 

So what is my next step?

 

I can counter claim, which I am happy to do if required, for the PPi and unlawful charges.

 

Can I go down the road of non-enforceable because of no Credit Agreement?

 

or is there another way forward?

 

I am currently a carer for my disabled child and whilst I own my own home it is in negative equity.

 

Thanks for reading.

 

Bobby

 

I should also point out, having looked again at my SAR response from them:

 

'We are not obliged to send an original signed copy of the a credit agreement.

However, under section 78 of the Consumer Credit Act 1974, we can provide you with a copy of the credit agreement as varied, upon receipt of a £1.00 payment'

 

So they have never sent me any signed CA with my signature on it. Is my next step to do a CCA to Lowell asking for this?

 

Can they continue onto court and have a judge enforce this 'agreement' if they dont have any signed paperwork?

 

I am panicing now as I am not sure if the correct thing is to contact them and acknowledge the debt at all.

 

Thanks.

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When was the account opened? this question could change a lot

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi,

 

The account was June 2005 I believe.

 

The PPi only started in October and they have never provided evidence as to how it started as I never asked for it.

 

My SB date is three weeks off, but I have just found a letter from them in 2009 that states they cannot enter into any agreement to repay as they have already issued a default notice and this letter is dated 6 years ago last week? Even though what is showing on my credit file is a later date for default.

 

Which is it? Could I argue that this is already a SB account based on the letter received in 2009 from CAP1?

 

I did continue to make £1 token offers for two further months, but these were sent along with letters stating I do not acknowledge the debt as they have long been sent my original CCA requested and had failed to supply a signed agreement.

 

So by paying the £1 payment is that akin to me acknowledging the debt?

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Hi,

 

Rough dates, the last proper monthly payment was Nov 2008, subsiquent to that, £1 token payments were paid for approx 6 months, sent with letters stating that I do not acknowledge the debt.

 

CCA sent Feb 2009 and the account has been in dispute since then as they failed to provide a signed agreement.

 

And yes the default date is from my credit file. I have a 'notice of default' letter from them stating the same date, but also a letter previous to that DN stating that they had already served a defaut notice on this account.

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moved to the legal forum

forget the PPI & charges

only POSS useful under mediation.

 

 

can you fill this in

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

and post

the questions and answers back here please.

 

 

get a new CCA request off to lowells ASAP

and a CPR to the sols

who are they BW or farters?

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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Yes bBoo - Nov 08.

 

DX I will complete that now and do as you say, have been reading around some other members similar situations since my last post so apologies for not seeing this quicker.

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Name of the Claimant - LOWELL PORTFOLIO 1 LTD

Date of issue – ) - 19TH MAY 2015

What is the claim for –

 

THE CLAIMANTS CLAIM IS FOR THE SUM OF XXXX.XX BEING MONIES DUE FROM THE DEFENDANT

TO THE CLAIMANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

BETWEEN THE DEFENDANT CAPITAL ONE UNDER ACCOUNT REFERENCE XXXXXXXXXXXXXXXX

AND ASSIGNED TO THE CLAIMANT ON XX/XX/XXXX

NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. T

HE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL REPAYMENT UNDER THE TERMS OF THE AGREEMENT

AND A DEFAULT NOTICE HAS BEEN SERVED WHICH HAS NOT BEEN COMPLIED WITH.

 

AND THE CLAIMANT CLAIMS XXXX.XX

 

THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY ACT 1984 AT A RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO XXX.XX

 

What is the value of the claim? 2766.98

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CREDIT CARD

When did you enter into the original agreement before or after 2007? JUNE 2005 I BELIEVE

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim - ASSIGNED TO LOWELL

Were you aware the account had been assigned – did you receive a Notice of Assignment? - I BELIEVE SO

 

Did you receive a Default Notice from the original creditor? - YES

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

Why did you cease payments? - FINANCIAL DIFFICULTIES

What was the date of your last payment? NOV 2008 plus continued to make token payments of £1 to May/June 09

Was there a dispute with the original creditor that remains unresolved? YES, NO SIGNED CA SENT, PPI AND UNLAWFUL CHARGES

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? YES AND OFFERED & PAID £1 per month for 6 months

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Then if your last payment was 08, this was SB last November, or am I missing something?

 

That will be your defence...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thats why I asked when the last payment was made toward the debt.

 

So WHEN was the last payment you made towards this? April 2009?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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debateable

 

is this on your credit file

see noddle

often has payment history

 

have you ack'd the claim on MCOL?

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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prove your last payment date if you can

add 1 month

and if the claimform date is +6yrs from that

I'd file the SB defence dx

 

get a new cca request off to lowlife today

blank £1PO

don't sign anything.

 

CPR 31:14 to the sols too

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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nope

nothing to do with cap1 anymore they've sold the debt.

 

 

you cant ack anything by phone

only by signed letter or payment.

 

 

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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are the £1 payments classed as acknowledging the debt

when I have sent a letter along with them stating that the payment is made as a gesture of goodwill without prejudice

whilst I waited for them to fulfill my s78 request?

 

I just wonder that if this classed as acknowledging the debt

and therefore I cannot go down the SB route

then is my only hope an unenforceable agreement on the basis that they haven't supplied anything with a signature?

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Yes you've acknowledged the debt by making token payments.

 

UNLESS it was SB prior to you making the GOGW payments, then every time you paid you reset the clock.

 

IF the payment was the stat fee for the CCA then NO, that will not reset the clock.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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well by the sounds of things all I have going for me then is the lack of Credit Agreement.

 

 

Im worried about losing my home as that is the only asset

(if you want to call it that for the amount of negative equity I am in) I have.

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if you go look in the successes forum

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

the fact of no CCA will almost certainly kill the claim

if its an account pre apr 2007.

 

you £1 tokens, without pred will sadly count

 

[edited wrong thread]

 

did you send a new CCA request?

 

 

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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Share on other sites

if you go look in the successes forum

 

http://www.consumeractiongroup.co.uk...egal-Successes

 

the fact of no CCA will almost certainly kill the claim

if its an account pre apr 2007.

 

you £1 tokens, without pred will sadly count

 

[edited wrong thread]

 

did you send a new CCA Requestlink3.gif?

 

 

 

dx

 

 

DX sorry to sound confused,

 

My account was started mid 2005, but you are saying only post 2007 accounts with no agreement would be killed?

 

I have found that the token payments have been made until July 2009, but only ever to CAP 1, I have never replied to lowell, CCA'd them etc - I have never acknowledged the debt to them in any manor or ever contacted them.

 

How can the debt be SB prior to me making the £1 token payments? Do you mean from the time I first stopped making my agreed monthly payments? In that case yes, I stopped making them in NOV 2008 due to financial difficulties.

 

Im sorry if I am going round in circles, my head is pickled today and this isnt my only debt which is in the hands of Lowell, so I am worried that this is the start of worse to come. Thanks.

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