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    • Thanks everyone. Will speak with the manager first chance I get later today and let you know.
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    • Welcome to the Forum. The PCN must be subject to Bye laws as the warning near the bottom of the PCN does not comply with the protection of Freedoms Act 2012 Schedule 4 Under Section 9 [2][f[] of the Act it should say: (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (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; Their version states they are pursuing you as the driver [because of the Bye laws they cannot transfer the liability from the driver to the keeper] even though you are the keeper. Should it go to Court Judges do not accept that the driver and the keeper are the same person. Obviously on many occasions another member of the family may be driving instead of the keeper. Indeed anyone with a valid motor insurance policy is able to drive your car. if any of the three cars were not driven by the keeper they are not liable to pay the PCN only the driver is.  as long as they do not divulge who was driving those lovely people at Alliance haven't a hope of winning against them in Court. What a shame. However while those keepers who were not driving are in the clear all is not lost for the other keeper drivers. Alliance still have to prove who was driving which is difficult providing those keepers do not appeal.  It is quite often that on appeal the keeper may say "I entered the car park at....."  immediately giving away that they were the driver. Plus even if you appeal it won't be accepted as a] they lose £100 straight away and b] mostly all the major car parking companies are dishonest scrotes. In the meantime you will be on the receiving end of threatening letters from Alliance, unregulated debt collectors and fifth, sixth or even lower rated solicitors all trying to frighten the life out of you to cough up. They can all be safely ignored since if you don't contact any of them they don't know who was driving so have no information that the can use in Court to identify the driver. Some time in the future they may send you a Letter of Claim which must not be ignored. Just let us know and we will advise a suitable snotty letter to send them which will show that you are not afraid of them and are happy to turn up in court knowing that you will win. Sorry it was a bit long winded.  
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Litigation Department have just rang me to say they're chasing me for £125 on money they claimed back for me on an RBS loan/credit card I had years ago (which they successfully won).

 

1. Are they allowed to still chase me for the money (refund was paid in 2010)?

 

2. Can they take me to court and get a CCJ against me on the strength of the above?

 

Hope somebody can help, cheers.

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See the rules about the six year limitation period 6yrs

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BF is quite right... Have you kept paper work from the company?

Did they take "a cut" from the original claim? If so... They might be outta luck

 

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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I haven't get the original paperwork or if I had, I've absolutely no idea where it is now. Claims Advisory Group have definitely not previously taken their cut. In the phone call yesterday, they threatened legal action and obviously CCJs if the matter is taken to court. I don't want to go down that route for the sake of £125 but at the same time some of their threats and tone of voice made me think they can go whistle...

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Well The Statute Of Limitations would apply to any outstanding amount over 6 years.

I would for all benefits sake send a SAR to these guys and get all the info they have on you so you are prepared if they try something.

 

FWIW aswell - If you want to complain but feel you arent getting anywhere - Try;

 

[email protected] - Mr Jamie Alaise

 

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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why bother if it statute barred>

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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may be beneficial all round as it will tell me exactly when they allegedly started acting on my behalf (confirm if it is 2010 or later), and in doing so will also tell me if this balance of £125 is indeed now Statute Barred.

 

 

The limitation period won't begin at the point they starting acting on your behalf but shortly after the commission became due.

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Just got the 'paperwork' sent through from the Claims Advisory Group,

which includes a letter from RBS dated 26th May 2010 and them refunding me my PPI claim within 28 days of the receipt of my acceptance signature.

 

 

Even by my calculations, that takes me over the 6 years statute barred threshold

 

 

- I'm free to tell the Claims Advisory Group in writing to forget about chasing the £125 wouldn't you agree?

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Id say yes at this point, They have had 6 years from payout to recognize their mistake and sadly, they missed their chance.

 

This in spite of their attempts over the years to chase me for the money?

 

The reason I ask was the last conversation was with someone from their 'legal' team saying they were going down the court/CCJ route next if I continued to ignore.

 

I've seen first hand a mate last week have to pay back almost £400 over non-payment of parking fines.

 

They'd left and left it (about 3/4 years) and the bailiffs were stood in her living room last week ready to walk out with the TV/hi-fi, etc...

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ok lets get one thing clear here

 

Council parking fines are a CRIMINAL MATTER

civil debt is NOT!

so no bailiffs

despite what you might see/think/read.

 

doesn't matter a monkey's what Claims Advisory Group

say

write

or intimate

 

its your actions that can only reset the SB clock.

 

and you've not paid anything in 6yrs

and you've not written signing a letter stating this is my debt in 6yrs

 

so off and bugger Claims Advisory Group

 

phone conversations don't count

 

pers i'd be ignoring Claims Advisory Group

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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  • 2 weeks later...
ok lets get one thing clear here

 

Council parking fines are a CRIMINAL MATTER

civil debt is NOT!

so no bailiffs

despite what you might see/think/read.

 

doesn't matter a monkey's what Claims Advisory Group

say

write

or intimate

 

its your actions that can only reset the SB clock.

 

and you've not paid anything in 6yrs

and you've not written signing a letter stating this is my debt in 6yrs

 

so off and bugger Claims Advisory Group

 

phone conversations don't count

 

pers i'd be ignoring Claims Advisory Group

 

Again, for clarity. Shall I continue to ignore the phone calls (had 3 so far this week) regarding the debt as it's been longer than 6 years? Or shall I write to them asking them to stop mithering me for a debt that is now statute barred? I don't want to go down the CCJ route either which they'd previously been citing - do you think they'd go down that route for a £125 debt?

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Yes and seen them for much less than that aswell.

 

As advised, ignore them completely, unless they are dumb enough to issue a N1 claim form, if they do, pop back and we will deal with it.

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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does what mean what?

 

 

a claimform is a court claim ..

it comes from a COURT not the CMC

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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Yes if you see anything from Northampton Bulk CC Then get in contact with us ASAP.

 

More calls from CAG both to me (which I ignored) and now to where I work (they previously didn't have the number).

 

 

Can I give them a .. And get them to take the number of their records or are they allowed to do this?

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you can

complain tell them not to use the works number

and then off to the ICO if they persist

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...

I've received a letter this morning from CAG headed Letter Before Action. In it, they've enclosed copies relevant to the debt of the letter of engagement and the invoice. They go on to say to ensure I need to show intention to repay the debt within the next 21 days before legal action including a possible CCJ is made against me - they also bring up that this will incur a further claim for interest at ...% and costs. They go on to say it is their intention to go down this round without further notice to myself. What should I do?

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Scan it up

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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