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    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
    • Pleased to say that the default has gone from my credit report due to being SB. My Experian credit score is now 978 out of 999 and excellent. Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1.    my question is this.... clearly the debt is still owed for the SB debt, the CCJ is still live until June next year.   Can I make an offer of 10% to settle the debt now that it’s SB? If so is there a letter template that I can send to them to make such an offer?   thanks in advance 
    • Your position is not untenable in any way. You have already mitigated partially any impending disaster by opening another non Paypal linked bank account so they cannot arbitrarily seize what they want.   First thing to remember you are in control here. Whatever you offer to pay them must be something you can reasonably afford even if its only a pound a week and you must pay it to Paypal. If like me they freeze your account then there is no way you can reasonably pay them. They are not going to give you another account to pay it into.   The reason I got into difficulties with them was because I had recurring large payments being made to a supplier of mine which continued after I was rushed into hospital for series of emergency operations. When I came out of hospital Paypal had simply frozen the account which I discovered when I tried to pay money into it to alleviate the huge deficit that had accrued. So I paid nothing of what I owed. I received about 4 or 5 threatening missives which I ignored as well as any phone calls. I tried for several months to make payments into the account and in the end I gave up. Despite all the threats nothing actually happened.   If you read all the answers to your posting as well as all the other Paypal posts I doubt you will find any evidence of Paypal doing very much to enforce outstanding balances and funnily enough they do not make it easy for those that wish to repay them as I discovered.   So stop getting yourself into a flap over something that is very unlikely to be nothing more than a storm in a tea cup.   Make or start you offer to re-pay them at a figure you can easily afford then forget all about them except to make your regular payment if you can still do so.   DO NOT under any circumstances get yourself deeper into debt over this.
    • she certainly hasn't any authority to 'fine' you. what was in the contract regarding vacating the property by when?  
    • Makes the cost of the battery even worse  
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Smokey1607

Aintree NHS Parking breach of contract

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Hi, obviously not much in the way of help or information in the DVLA reply. Assume I should submit another complaint as they suggest? How specific do I need to be in my wording so they can't give another waffling reply, any wording other than what's already been suggested?

DVLA Reply 23 Nov Scan.jpg

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then complain/Go through their proceduresa nd then take it to the ICO for breach of the DPA

the compaint should be that the DVLA faied to show due dilligence in determining whether Trevs had any lawful reason or cause to access your details and in what capacity as there was no keeper liability under the POFA and they knew this at the time.

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To be clear: I complain again to the DVLA and go through their procedures before taking it to the ICO or go straight to ICO now?

Also I haven't responded to Trethowans yet as I was waiting on the DVLA. Should I reply to them along the lines of previous comments and mention the DVLA complaint so they can see I'm not walking away from this?

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you complaint to the DVLA, so far you have been asking questions and now you are unhappy and have a complaint and will follow their procedure. If you get no joy there you make a complaint to the ICO

Dont bother writing to Trevs unless you just want to say that there is no keeper liability in this matter so go boil your head. Dont mention anything else, just stick to the denial of any liability.

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Latest letter from Trethowans. I assume where they say they are entitled to take action against the keeper because they have no record of the driver is incorrect?

I've had no response to my previous complaint to the DVLA so I will also follow that up.

Continue to ignore Trethowans?

Thanks

Treths 3 Feb 17.jpg

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Interesting note that pops up when you go to 'ignore' in my previous comment.

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Post #16, 1th November 16.

 

"Dear Sirs,

It remains that your supposed 'Notice to Keeper' did not comply with the requirements of the POFA 2012. There is thus still no 'Keeper liability'.

 

If you still feel your letter of is a POFA 2012 compliant NtK, a court can decide this based on the arguments from the parties.

As it appears our positions are entrenched in disagreement on this fundamental issue, no further correspondence will be entered into, pending receipt of a county court claim."

 

If sent previously : ignore them.

If not sent previously, send, then ignore.

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no they cant. they have to create a keeper liability by following the protocols of the POFA.

Yes, continue to ignore them, they are solicitors paid to write scary letters in the hiope that you think they have some authority they dont actually have.

 

Latest letter from Trethowans. I assume where they say they are entitled to take action against the keeper because they have no record of the driver is incorrect?

I've had no response to my previous complaint to the DVLA so I will also follow that up.

Continue to ignore Trethowans?

Thanks

[ATTACH]66757[/ATTACH]

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Who are the lawyers please? I can't post a link, but you need to fill in the information on the forum stikky.

 

HB


Illegitimi non carborundum

 

 

 

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Who are the lawyers please? I can't post a link, but you need to fill in the information on the forum stikky.

 

HB

 

Here you go...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

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It still isn't a "fine".

Can you post up (redacted of personal info) their Particulars of Claim ?

 

Do they know who the driver was?

I hope you haven't identified the driver at any stage ......

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I'll post the court papers asap but no they dont know the driver.

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The PofC will help, but the gist of your defence will be that they haven't established keeper liability.

If they then push for you to be liable as the driver, you neither confirm nor deny this (unless you are happy to state on oath that you weren't the driver) but that you have no obligation to identify the driver and put them to strict proof of their belief of who the driver was.

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there is no oath in a civil court but if you tell lies about something and get caught out you will have all of your other evidence binned regardless of the quality of the remainder.

You dont have to name the driver so you ask for "stricy proof" of who was driving at the time. hjey wont be able to provide it and as POFA no applicable they are stuck. You have to make these points clearly from the outset though to avoid being asked in court as judges wont know the details of the POFA

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How did it go Smokey?

What happened with the court thing?

I'm in a similar position, just received the first letter from Trethowans.

Trying to decide if I can be bothered putting time and effort into fighting it or just pay to make it all go away.

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I gave up to be honest and paid, too much going on personally and in work to put up with the aggro of going to court. Made me sick to do it but there you go.

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I understand. Sometimes life is too short to dwell on stuff like this. Thanks for sharing your experience though.

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well don't get mugged like smokey

start a new thread

of your own


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having made an indecent profit frokm you they can now afford to harass some other poor sod.

When you beat these claims you get your expenses so if you lose a days pay they have to cough up.

You could have then sued them for breaching the DPA for accessing you DVLA data without a proper reason and you would be at least £250 better off.

 

Everyone has bad things in their life so if you are going to fight then fight,

if not, save your time and money and pay up early and save yourself the grief

Edited by honeybee13
Paras

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