Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   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. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1422 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I have received a Parking charge Notice from Excel Parking, a copy of which I have

As you will see the notice alleges that the driver parked at the Peel Centre, Stockport on the 23/12/2015 and that the issue date for the notice was 06/01/2016, however I did not receive this notice until Monday 25th January. It states that I have 21 days to appeal, is this 21 days from the date of issue or 21 days from receipt of the Notice? If its from the date of the notice I am out of time.

 

I would also appreciate any advice relating to the validity of their demand for money and what my next step is.

 

In case it makes any difference the car was parked in the car park between 20:08 hrs and 21:19 hrs. The car park was badly lit at this time and no-one can recall seeing any signage telling them that it was a pay car park at night otherwise they would have paid. they were not from the area and only travelled there to visit a particular store.

 

Thank you in anticipation of your help

Edited by St3v3
correct mistakes

Share this post


Link to post
Share on other sites

Amend your post to start with. The RK has received the parking charge notice. The driver parked the car.

 

Make sure your post differentiates between the two , even if they are the same person.

Share this post


Link to post
Share on other sites

Hi and welcome to CAG

 

I have had to remove the picture you posted as you left some info in there that will identify you.

 

Can you re edit the picture and remove reference numbers as well as the usual. can you also convert them to pdf's so that we can manipulate them and read them more clearly. Also, can you show us the reverse as well.

 

Excel are members of the IPC so they will fail in treating an appeal properly.


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

Share this post


Link to post
Share on other sites

date of parking 26/12/15

date of issue NTK 6/1/16

I make that 14 days so they're timed out to chase the keeper although of course they don't use the POFA as they're ipc members and live in a different reality to everybody else.


Illegitimi non carborundum

Share this post


Link to post
Share on other sites

Excel are not very good at following the protocols of the PoFA. sending out paperwork on time or telling the truth to Dstrict Judges etc.

What you have received is an NTK that is timed out for keeper liability so i would suggest that you create a paper trail for the future and write back simply stating " the Notice to Keeper sent by you received on the 25th Jan 2016 is timed out for any keeper liability under the PoFA. Please do not contact me again or the matter will be treated as harassment as both a criminal act and a civil tort"

They will undoubtedly send you more bull but at least it is recorded that you did make an effort to end the matter.

Share this post


Link to post
Share on other sites

Thanks very much for the advice so far, I have edited the scan of the PCN and added it here

 

back pcn.pdf[/ATTACH]

Front PCN.pdf

Share this post


Link to post
Share on other sites

I have had to unapprove the images again.

On the front page, you have left the PCN number visible plus the dates of contravention and the duration of stay. These will identify you.

 

Please remove these and repost.


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

Share this post


Link to post
Share on other sites

sorry for delay in replying, had internet problems for a while, but that's another story, and that I keep posting the notice with identifiable details on. Hopefully this will be correct

 

Parking Charge Notice front.pdf

 

I have written to them using the above advice. Shall I expect to hear from them again ?

 

Thanks

 

St3v3

Share this post


Link to post
Share on other sites

Notice not PoFA compliant, they havent identified the creditor, presumably them. Also they cant obtain keeper details from DVLA using POFA if they say they have identified you as the driver- logically they woulnt need to so you can check with the DVLA should you want to raise a complaint.

Also timed out for keeper liability so double tango sierra for them.

Respond as suggested, appealing to the kangaroo court (IAS) isnt worth doing and just let them waste their time sending you begging letters. If you get a letter from Gladstones solicitors it is just the IPC/IAS owners acting as debt collectors so a letter telling them that you have rumbled them will suffice in creating a paper trail that will kill any claim that you didnt engage in an appeals process so you are the bad guy

Share this post


Link to post
Share on other sites

Thanks everyone for taking the time to reply, I really appreciate it.

I will update as I receive their correspondence

 

ST3v3

Share this post


Link to post
Share on other sites

Hi everyone, just a short update

not to tempt fate but since submitting the response using the advice above i have heard nothing further from these people, as it has been over 7 weeks can i safely assume that the matter is concluded?

 

St3v3

Share this post


Link to post
Share on other sites
Hi everyone, just a short update

not to tempt fate but since submitting the response using the advice above i have heard nothing further from these people, as it has been over 7 weeks can i safely assume that the matter is concluded?

 

St3v3

Hi, I have just received a Pcn from excel for parking and shopping at peel st Stockport, didn't even notice at all that there were ticket machines otherwise I would have got a ticket. Could you if possible give me pointers or template of what you sent them so I can send them an email or letter, did you mail? Thanks

Share this post


Link to post
Share on other sites
Hi, I have just received a Pcn from excel for parking and shopping at peel st Stockport, didn't even notice at all that there were ticket machines otherwise I would have got a ticket. Could you if possible give me pointers or template of what you sent them so I can send them an email or letter, did you mail? Thanks

 

Can you start a new thread please. That way you won't get missed.


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

Share this post


Link to post
Share on other sites
Can you start a new thread please. That way you won't get missed.

 

 

 

OK will do, how do I tag stv3.3 as question was for him. Cheers Paul

Share this post


Link to post
Share on other sites
Can you start a new thread please. That way you won't get missed.

 

can i just post the letter format here?

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...