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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Advice Needed Regarding Tesco Loan


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Hi and thanks in advance.

 

I wondered if anyone could tell me if I am being, or have been, treated fairly with regards to a debt i have been paying off for some time now.

 

I originally took a personal loan of £15k to buy into a business.

It wasn't secured on the house I own, as at the time I was quite credit worthy and didn't expect there to be any problems.

This was just before the recession.

The business that we had worked hard to build up failed.

Sadly my marriage did also.

 

I started to fall behind on my payments and tried to negotiate with Tesco, but was given short shrift.

The people I spoke to made no secret of the fact

that they would proceed with a view of repossesing the property I own with my ex wife,

if their demands were not met.

 

 

The loan agreement was approx £170 per month, but they were demanding over £300 per month at a time when I simply couldn't afford it.

 

 

They then placed a charging order on the property.

 

 

Work for me at the time was sporadic, I am a builder and very little work was taking place at that time.

 

 

I was staying on friends couches etc and paying them everything I could afford.

 

I have religiously made these payment (on average £100 per month) for nearly a decade,

and assumed that the debt would have been reduced significantly.

I was informed that the debt had been frozen when I defaulted

and it was passed to a debt handling company.

 

Over the last couple of years I have worked 7 days a week to build a company up and things have gone well.

I am now in the position to be able to face some of the demons of the past

and so requested a breakdown of whatever debt was still outstanding from Tesco.

 

 

You can probably guess the next bit.

They have been charging interest ( I think at 5.9% PA) for the entire duration since I defaulted. I was staggered.

I assumed that it would have been down to a nominal figure.

 

 

I haven't spoken to anyone including Tesco, or the various companies that have pursued the debt on their behalf.

I wanted to find out as much as I could before I did so.

 

I am hoping I have some form of case here.

The irony is now I can actually afford to pay the figure off in full immediately.

It's just that they categorically informed me that the debt had been frozen when the account went into arrears.

 

I am happy to supply as much information as I have if needed. Any help with this would be greatly appreciated.

 

I have used CAG in the past to help a friend who was threatened with having her home repossessed.

The outcome was.......She is still happily living there!

 

Thanks for reading.

 

Gary

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when was the charging order, was there an instalment order re the judgment?

what was the judgment, what did they claim. presume an amount plus statutory interest?

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you indicate this has been passed around sibce rthe CCJ/CO?

who got the CCJ

who got the CO?

 

 

if its been passed around, sadly this smacks of you being cash cowed

esp if its been passed around between DCA's

 

 

has who you were ordered to pay stayed the same since the CCJ/CO was granted...I fear not.

 

 

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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Hi Dx,

 

Thanks for the reply. I believe it was brought by Tesco originally, but will get back to you on that. It has been handled by a couple of companies/solicitors one was Incasso, another Shoosmiths.

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you should only be paying the claimant or their named sols

 

 

oh dear those names are rather suspect in these cases.

 

 

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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Hi dx,

 

Sol=solicitor?

 

Excuse my ignorance. I think I have a fair bit to learn on here before I proceed with whatever course of action deemed sensible.

 

One thing I can tell you is I am up for a fight :-)

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well info gathering is your main task for now.

 

 

sar to Tesco wouldn't hurt either.

 

 

are you SURE it was Tesco that took you to court

not a debt buyer/DCA?

 

 

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

click the sar link

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

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