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    • Hi T911 and welcome to CAG. As you say, an interesting screw up. So much for quality control! Anyway, our regular advice is to ignore all of their increasingly threatening missives... UNLESS you get a letter of claim, then come back here and we'll help you write a "snotty letter" to help them decide whether to take it any further with their stoopid pics. If you get mail you're unsure of, just upload it for the team to have a look.
    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
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Very default query


dilaar
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Hello all looking for a bit of advice.

 

In 2011 I entered into a DMP with my creditors.

One of the creditors was Very.

 

I recently looked at my credit report as I am considering f&f offers

and my very account was showing as up to date and not in default as I expected.

 

I have questioned this with the specialist support team and requested that the default be place on the account.

 

They have sent a letter today saying 'a default will only be recorded on your credit report if you do not make any payments for a period of up to six months.

 

As you entered an arrangement to pay, this was recorded instead of your account defaulting'.

 

Can anyone advise if this is correct?

 

Thanks

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Yes it sounds correct, you should see AP markers instead of a default

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So you have ap markers?

 

Don't f+f without CCA and reclaiming first on all your debts

 

Hope the DMP was not a fee paying one?

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 the DMP wasn't a fee paying one I've been using payplan.

 

Under some of the payment history is says AR some have DM or BB. Are any of these ap markers? I've tried to post a picture for you to see but can't figure out how to do it 😕

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AR = Arrangement to pay

 

DM = Debt Management

 

BB = Sustained Arrears

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So get a s78 cca request sent off to them

 

Do you have statements showing any fees?

 

If not, also send a SAR request to get all the info they hold on you, costs a tenner but gets all the statements and more

 

Did you pay any PPI as part of your repayments?

Was it mis sold?

 

Plenty to get looking into

 

Do the same for all your creditors, start a new thread for each one but note that not all debts get the same advice, so start the threads for each one first

Edited by martin2006

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Just go through each creditor, one at a time

 

With regards to sending a sar, if you have more than 1 account with any creditor, say for example a bank account and credit card with same bank, then only 1 sar is required as all info will be included for both accounts

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pers I think i'd be writing to them as well

get them to mark the file as defaulted following your third missed/short payment

 

those markers might harm you for years yet

 

that's if you need a clear file?

 

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

I'm hoping to change my mortgage in the next year

and I'm not quite sure how my very poor credit rating will effect my chances

so trying to improve my rating a bit.

 

I've written my letters to Very/shop direct

I've requested CCA and SAR and have also written a reply to their letter

asking for a default to be put on the account following my third missed payment as suggested.

 

I'll be getting postal orders and posting them all tomorrow.

 

Would it be ok to post them all together?

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per for now

i'd simply send the default letter query/request

theres little point in a CCA request

if this debt is still with the original creditor

 

 

the sar is for all the statements.

if that is necessary at this stage is another matter

your sole need at present is for them to put the default on at the correct date

 

 

you could also refer them to the ICO guidelines that state it unfair to AP/AR etc for years on end.

without a default being placed

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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