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    • I've read loads of old messages about what to do but feel my case is different, it's a bit of a back story so ill break it down. - Had a letter from an Italian province in July of 2020 for a speeding offence in 2019 for 575 euros, was in a hire car I used for work, no longer work for them and heard nothing from either. - Thought blimey, but went to pay it anyway, it had doubled to over 1100 euros, yeah I can't afford paying that, filled out the attached information sheet to say it was me driving but I have no money or job due to COVID (true story) and sent it back (durrrr) - Heard nothing until December of 2023, a letter from an appointed solicitor from Florence saying if I don't pay, we will chase you through the legal system with costs beared to you. - May of this year, I get a letter from CLI (Credit Limits International) basically saying they have been appointed to carry out the collection, £1475. - Stupidly, I started the 'three letter process' asking for proof etc, and they replied a few days ago with a copy of the fines I had received from Italy, they stated the debt has no terms and conditions as it relates to a fine in Italy and the debt is not subject to the Consumer Credit agreement. I translate that to "at the moment we don't own the debt and have been given authority from Italy to pursue the debt". That is where I am currently at, I would begrudge giving in and paying an obscene amount. As seen from similar threads, I know a threat of a visit is coming, followed by a threat of court action, but annoyingly it hasn't been mentioned how these cases were concluded and the threads are now locked. I've read to ignore them, but can't help but feel that because it's such a substantial amount that they will feel it's worthy of pursuing this no matter the hoops they have to jump through. Along with admitting it was me driving and opening the can of worms by contacting the DCA, it wouldn't look good for me should it ever get to a courtroom.  Has anyone with previous experience managed to 'get away with it'? Anyone know what they're capable of other than nagging me? I'm not after any moral judgment.
    • take the SD card out and put on a pc/laptop then run recuva on it in  select videos only option select specific location hit browse then select drive letter of the SD card. then next  then deep scan then go have a cup of tea..  when done dont recover the all files back to the card select a new folder on your pc/laptop        
    • hi all, i will list my curmcumstance first then list the details of the penalty charge - we are 2 diabled people being affected by the cost of living crisis and are skint etc. i am disabled with mobility issues(arthritis in knees and ankles and gout) and cant operate car pedals anymore so i let a friend up the road use my car in exchange for her driving me about. its a good arrangement as i get a 'chauffer' and she gets the use of car. the car is parked in her drive which is better as i was refused a disabled space (even on appeal) and too much congestion to park the car outside my house. my friend is vulnerable as she has suffered depression and suicidal thoughts since the loss of her mother a few years back, she is dyslexic, she is a carer for one of her sons that is disabled due to mental illness and mobility. she lives in a council house and cannot work. we went to iceland ..attracted by the 10items for £10 offer - we've never been there before. a large artic lorry was parked accross the car park blocking the view of one of the parking signs and blocking the disabled bays where the pay&display machine is. by the time she helped me out of the car and then went to see if it was pay&display then came back to me at the car she said she thinks it was pay even for disabled, so we looked for change in the car which we didnt have (she normally goes asda which dont need to pay for parking)so then we said we'd either go get change or go to asda...so then by the time it took her to help me back in and get out the car park took 15 minutes...5 minutes overstay past the 10minutes grace. the letter from excel parking came through and i sent it back giving her name as driver (before i saw on here that you shouldnt name the driver) then i appealed explaining what happened (lorry blocking etc) and even said we were being descriminated (advised by citizen advice)as we are disabled and 15minutes is not long enough for a crippled disabled man and a woman with dyslexia to read and understandd the sign and get out, then back in the car and look for change then get out the car park in 15minutes. i even explained she was a vulnerable person on anti-depressants and even sent a photo of medication and said if you need a doctors note then let me know....the appeal was rejected. i've emailed iceland over 50 times and they just wont tell excel to cancel this charge - they are ignorant and ive even asked them why they have a webpage saying 'iceland combatting the cost of living crisis' pretending to help their customers and they wont comment...they'd rather put more stress and anxiety on an already suicidal vulnerable person just to get money out of them..so their 'help' during this crisis is a lie as it wont even extend to disabled customers. she has now received 2 letters from DCBL saying she owes £170 for 5minutes of overstay. the last one is a final demand. as she cant read or write very well ive sent a recorded letter to DCBL (as advised by citizen advice) asking not to attend the property due to a vulnerable woman inside the property as it will only exasperate the situation, they have ignored it and basically said we dont care, you still owe. could anyone please advise - we are not very good with letters or these situations and are slow on the uptake.   1 The date of infringement? 28th dec 2023   2 Have you yet appealed to the parking company yet? [Y/N?] yes   If you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]cant do that - will have to get my son to do it when he visits   Has there been a response? yes   Please AS A PDF FILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]cant do that - will have to get my son to do it when he visits   If you haven't appealed yet - .........DONT ! seek advice on your topic first.   Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] yes   What date is on it? 15th january 2024   Did the NTK provide photographic evidence? yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'scant do that - will have to get my son to do it when he visits   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] not on the front - maybe on the back but cannot find the letter now   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] yes   5 Who is the parking company? excel   6. Where exactly [Carpark name and town] did you park? gravesend in iceland    
    • Hi Dave, I had no updates on this PCN since my last post in July 2019.  I received no further communications from the parking company.  I changed my address in May 2022. Thanks, I will send a letter to Excel parking to inform about the change in the address. 
    • I have a BMW Advanced Car Eye 3 Pro - I think it's 50/50  In any case, none of the documents / photos sent in the SAR showed a ticket on the car. 
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well then they cant ID you then can they

as the format is a temple

and if you remove you details

its a blank template sara.

 

 

I bet I have numerous copies of the sane one filed already.

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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Does the letter say anywhere on it that it is either a letter of claim or a letter before action?

 

If it does, and from what you have said it does sound like a letter before action get a cca request sent off asap , it may be enough to stop them issuing a claim.

 

I know it worked for me a few years ago when I received a LBA from a DCA for a smallish debt, purely by accident I was sending CCA requests off at the same time, it stopped them in their tracks

 

The following letter has worked for some in the past

[template removed]

 

 

Sara

 

I do agree with DX that it is highly unlikely if not impossible for a DCA to be able to identify you from a standard letter particularly if you remove all names, reference numbers and bar codes before posting.

Edited by dx100uk
dx

Any opinion I give is from personal experience .

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Incidentally

 

You ideas on SB may be flawed as it can vary

Had the account been defaulted when you made the last payment?

 

If it was an up to date account it can take some time, often a month or two before the limitations clock starts to tick, i.e the 6 year period starts. While I would love to be able to give a definitive answer, every case is different and there is no case law to clarify exactly when it does start

Any opinion I give is from personal experience .

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Hi Fletch, letter states "potential legal action" rather than letter of claim or letter before action. It looks like a letter before I get a letter from the solicitor. I tend to agree with the previous post warning against poking around and would probably delay sending a CCA request until the summons was received.

 

 

We have had far worse threats for larger amounts that came to nothing.

 

 

I came across another forum where they had a printed letter to all DCAs from the body that controls them saying the date of SB starts from the LAST PAYMENT. This was to clear any ambiguities from those who tried to claim it started a month after the last payment or the default date which could be many months later and they left themselves open to severe consequences unless they adhered to this. It also stated that they were certainly allowed to continue to chase SB debts, but once they received a request from the debtor they MUST stop immediately.

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Hi Sara

I would be interested to see that forum/letter because I know that solicitors are claiming in court that the limitations starts from the date of default which IMO is too late .

 

The thing is, even looking at it sensibly, there has to be a cause of action for the clock to start and without at least a missed payment there is no cause of action. Hence the very very minimum would be the date of the first missed payment but as i said this is still being argued about.

 

there was a case relatively recently on a S79 agreement when the cause of action was a long time after the missed payment and wasn't until the hirer had accepted the breach . That case was BMW v Hart and set case law for that sort of agreement which does blow your idea out of the water a bit.

 

I was basing my other opinion on your statement that said the letter said they would issue a claim if you did not reply

As it stands, it does not seem to make sense , a letter entitled potential legal action that goes on to say they will issue a claim

 

But if you are happy ealing with it that way, who am I to argue - just do not be surprised if you get a claim sometime soon

Any opinion I give is from personal experience .

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hart was HP agreements

this is a credit card

totally different

 

 

can we atleast name the DCA sara

then i'll post up a copy of the template letter you got

dx

Edited by honeybee13
Initials removed.

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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No **** sherlock!

 

I did say it was for that type of agreement

 

BUT

 

Sara didn't specify what type of agreement this alleged letter to DCA's was referring to

Edited by honeybee13
Initals removed plus argumentative sentence.

Any opinion I give is from personal experience .

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post 1 says card.

 

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

Dx

Please read

 

Sara says that she has been told that a letter was sent to all DCA's stating that SB clock begins on the date of the last payment, this is the point where she didn't say what sort of account the letter referred to.

 

BTW it is no one's turn, I have no idea what you are rambling on about

Any opinion I give is from personal experience .

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Sorry Honeybee, I didn't see your post until I had reposted it. I guess you are going to remove it again. I thought it was because it mentioned Legal Seagulls - is it ok to send fletch a link as he was keen to see it?

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No problem. Can I paste the relevant part of the body text or does that cause a problem? Anything quoted can, I assume, be verified with the CSA.

 

Sara, you can quote up to 15% of a CSA article or similar, if that helps. And you can post a link to the CSA. :)

 

HB

Edited by honeybee13
Clarity.

Illegitimi non carborundum

 

 

 

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it worthy to note

the csa is a debt collectors 'association'

never believe anything they state.

 

 

but for want of clarity

after 6yrs [sB'd] they can still ASK for payment [in England & wales]

you can equeally 'ask' them to go away

they cant threaten or enforce court action

so they don't bother.

 

 

chin up

don't get spoofed.

 

 

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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Thanks Honeybee, luckily it's 85% dross, so will take the 15%. As article is not from the CSA site but a competitor site, can't really do the link,

 

Quote from the CSA:

 

The OFT have confirmed that the wording of this part of the CCP is inaccurate. The wording will be updated when the CCP as a whole is revised and we will be updated on timings in due course

 

Under the Limitation Act 1980, which applies to England and Wales, a debt is considered to be statute barred when no payments have been made against it or where it has not been acknowledged* for six years.

Edited by honeybee13
Possible pejorative remark removed.
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Can we actually have some clarification.

 

Who is the DCA?

When was the default listed?

When was the final payment made?

Also have a read of the attached... But do NOT take this verbatim as the ICO loosened their thoughts on the matter.

 

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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Please remember that any legal claim that is put forward will stop the SB clock.

You will then have to deal with the claim.

 

who was the OC?

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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As I have read in several articles the SB time starts when the last payment was made and a judgement can only be obtained if it is made within six years of that date.

 

 

It makes more sense that the clock stops when the summons is first taken out - is that the case or when judgement is granted?

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