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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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Capital one sold to cabot credit management


CONFUSED49
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received nothing from Capital one for 4years except two letters stating balance,

 

 

received letter today dated 14th October 2015 stating that on 23rd September 2015 account was sold to Cabot Management

and within 30days of 23rd September they would start reporting on my credit file which doesn't leave me much time to try and rectify,

 

 

I am trying to rebuild my credit file after years of financial problems which included my wife going bankrupt in 2013

and she has not been able to get a job since.

 

 

I have other defaults on my account which are due to disappear within the next month or so,

I do not want another default registered as this will hamper my chances of getting a mortgage or moving

we lost our last house and are renting at the moment but have to leave early next year.

 

 

I have two credit cards which I have been paying back on time and settling each month to rebuild my credit file,

 

 

I understand from reading forums that the balance would have been sold for a stupid amount,

 

 

should I offer a settlement figure on the understanding that they mark credit final as settled without a default or what should I do?

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cca request to Cabot,when they contact you, who can only report the original default for six years from the original date of default

 

they cannot add a new one of their own

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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correct, they can only report the original default, but now in their name(makes the feel good:lol:)

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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  • 2 months later...

Hi

 

Sent my cca request off on 21st October know they received it on 22nd, I have had no response until

 

 

today received letter dated 16th December 2015 stating that I have 10 days to get in touch

and they will proceed with legal action,

as my account has been selected for possible Legal Action.

 

 

what should I do as I only have two days,

 

 

nice Christmas present. would appreciate if someone could look at this

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you do not chase the cca failure.

 

 

and read the letter PROPERLY

does say WILL anywhere

 

 

cabot willy waving at you to scare you..

 

 

no CCA = NO PAY.

 

 

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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  • 4 weeks later...

Hi

Been a few weeks since posting received a letter in post today dated 14th January which reads as follow

 

Quote

" We have tried to contact you on several occasions to discuss your account.

As we have not heard from you, we are referring your account to Shoosmiths Solicitors.

Shoosmiths Solicitors will want to speak to you within the next seven days where they will review your situation

and help you to arrange the most suitable solution for you based on your circumstances.

Alternatively you can contact them on 03700863058 their opening hours are Monday to Friday 8.30am to 7.00pm staurday 9.00 to 12.45pm

Yours sincerely" unquote

should I ignore just ignore this letter or is there another course of action I should be taking

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Wait for them to contact you....and ask them where is your agreement ???

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Wait for them to contact you....and ask them where is your agreement ???

 

 

 

Hi

Received this letter today from shoosmiths, shall I write and say no agreement and attach my original letter to cabot requesting copy of agreement with confirmation that they received it but have not acknowledged it and is there a template letter for this on the forum.

 

 

Thankyou

confused49

shoosmith letter 20-1.pdf

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Something along the lines of ...

 

" that you are delighted hear from them as you seem to be having no response from their client in response to your request under section 78 of CCA1974.

 

If they can investigate and find out why they are failing to comply you would be delighted to enter into correspondence regarding this alleged agreement.

 

You look forward to receiving a swift response as their client is already in default and is therefore prevented from requesting or seeking any relief with regards this alleged debt."

 

Attached copy of request

Copy of postage delivery

 

 

Yours Sin

 

:yo:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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