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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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Cabot - chasing BOS credit card debt - prob SB'd


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Cabot have been chasing me for a debt on a BOS credit card from 10 years ago. I've been ignoring the letters and they've now said my account has now been "reviewed for legal action".

 

How should I respond to the letter?

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If the debt is definitely statute barred with no payment or acknowledgement within the last 6 years, then just send them statute barred letter from CAG library or your own letter warning them that the matter is statute barred and under FCA debt collection guidelines they must stop chasing this when asked to do so.

 

They should check and if this is correct, just acknowledge and stop contacting you.

We could do with some help from you.

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ignore if its sB'd

 

 

save the sb stuff for IF they send a claimform

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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ring the original creditors and ask?

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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  • 1 month later...

Send your CCA rquest to Caboot not Pestons...you can send them the SB letter.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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If its SBed then just ignore, dsont waste your time, Ive got Egg debt assigned to them in 2009, Ive never responded in any way or made payment so its well over 6 years.

 

This is a Solicitor chasing ...not a DCA

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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This is a Solicitor chasing ...not a DCA

 

You are right..I only read the first post..if you are certain its SB I wouldn't reply to solicitor, let them start a claim, you then put in strike out application to get it struck out for abuse of process coz its SBed and ask for your costs at LiP rate (its pre-allocation at this stage so fast track rules apply), you could get a few hundred quid... Simples :)

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I instruct my dog to sit

If it does is a totally diff thing

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...

I sent a CCA request to Cabot on 6th January.

Delivered and signed for on 9th January.

Received a letter today (17th) dated the 10th.

 

Letter says:

 

"We currently do not have this information on file. However, I have requested the relevant details, which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender.

 

I acknowledge the 12 days time limit to provide this information before the credit agreement becomes temporarily unenforceable. However, as we have to request the details from the original lender I anticipate that we will not be able to provide this within 12 days but we hope that within 40 days we will have retrieved the information to comply with your request. In the unlikely event we are unable to obtain this information after 40 days, we will write to you again."

 

 

What happens if they come back after the 12+2 days?

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std cabot reply to a CCA request.

 

 

until/unless they comply with enforceable paperwork they'd be a bit foolish to issue a claimform.

 

 

if you were paying then you could stop but you aren't.

 

 

did you ring the OC and check SB?

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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brill well statute barred then.

 

 

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

send pestons the SB letter as advised earlier

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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Id recommend my post #10, you do not have to chase them to prove its not owing, there is no need to do anything UNTIL they issue a claim.... then whack em on the head with a strike out claim and get your costs..make some money out of them :)

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  • 1 month later...

They will probably pass it on to Ruthbridge next....as they are at stalemate with the CCA request.......just ignore.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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I'm guessing Ruthbridge are another DCA?

 

Not sure if you want to move this thread as I've just issued a CCA to Cabot for a Goldfish card and RBS have passed an old card to Moorcroft. Moorcroft sent me a letter asking me to confirm my address but I ignored it. All of these debts are from about 12 years ago.

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Start a new thread for each debt...dont mix threads.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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