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    • That is a big improvement Dave and I do agree that it s best to leave it till the last moment to prevent VCS from countering your WS. [usually using doubtful logic that can't be easily argued against in a Court atmosphere] However my first post [no. 32] about the contract is the one that really exposes Jake's flummery and calls into  question jost how close he comes to committing perjury. And that is what hopefully VCS will not want questioned by a Judge. 
    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (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; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
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Currently on a DMP with opportunity to clear debts – Help Needed!


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Hi all I am after some advice.

 

I am currently on a DMP through Step Change and I have been paying £422 a month for about 3 months now.

 

I am due to inherit some money so I want advice on paying the debts or ‘settling them’ as I have seen in previous posts. Full and final is what I have seen crop up a lot.

 

The balances are as follows;

 

£27,814.00 – Sainsburys Loan showing as ‘1 month late’ on my credit report

£2,265.00 – Halifax Overdraft

£2,028.13 – Halifax Credit Card

£3,826.00 – MBNA Credit Card showing as ‘1 month late’ on my credit report

 

I have seen posts about offering 20% to each firm, can someone point me in the right direction for templates ect. or advise what I they recommend I should do.

 

If I can get them all settled and get myself off the DMP how long will my credit file be effected for?

 

Thanks, Sam

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are they still owned by the original creditors

or are they sold to DCA's.

and are any of the debts defeulted

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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well I don't think the late payment will hurt you much

 

 

if theres no PPI or anything like £12 penalty fees to reclaim

there are letters in the debt collection library section.

 

 

original creditors don't usually give much of a discount for F&F's.

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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They are all aware that you're in a DMP, and have stopped all interest?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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When did you take the credit cards out?

 

The Halifax overdraft, how much of it is fees/penalties?

Have you reclaimed these?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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OK,

 

Well IMO negotiating a F&F figure is going to be difficult, your CRF will be marked for the next six years anyway, and unless they are going to mark your files as settled offering a F&F then I'd be mindful of putting the money to a better use.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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http://www.consumeractiongroup.co.uk/forum/showthread.php?387498-Mortgage-shortfalls-Full-and-final-settlement-letter-**Correct-as-at-October-2013*

 

 

you want the debts marked as settle NOT partial settlement

or the account removed completely.

 

 

PS is as good as a default.

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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I referred samdon1988 to this forum as it helped me out no end in the past when I had similar debt amounts and sorted them all out.

 

So from chatting I mentioned to Sam that the debt management plan will go on forever and a day and lenders could add defaults in the meantime anyway and that may be in 2 yrs time. So either way he is going to have a bad credit file for a while.

 

Why not just use the inheritance to clear the file and pay off as much as possible so he can start a fresh. The inheritance will clear 20% of debt in total so my suggestion was to offer full and final, yes be mindful that it will not be great on credit file but its the debts gone.

 

Is this a suitable plan? When you say mindful of putting money to better use, what other options do we think he has?

 

I can see the Sainsburys loan is the big issue here, any experience with them accepting a full and final at all?

 

Thanks

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when they are with the oc's you get very little leeway on F&F

but always worth a try

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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OK, all mine were with the original lender and I got between 15 and 20% F+F. This was back in 2010, have things changed alot since?

 

I am not a fan of the debt mgmt, as far as I can see they can go on forever and once at the end of them then there is still another 6 yrs after that to sort out a credit file. Also with risk of default etc and debts being sold on in the meant time.

 

What other options are on offer here to clear things? Does he have to wait for debts to be sold on for it to be a better F&F.

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15-20% is better that awaiting DCA's to buy them

and by then typically they are defaulted.

did your get marked settled

or partial settled?

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 am not a fan of the debt mgmt, as far as I can see they can go on forever and once at the end of them then there is still another 6 yrs after that to sort out a credit file..

 

The file should be defaulted already, they can't enter into a DMP, then at the end of it simply 'default' the credit file.

 

If flogged onto a DCA then the offer of a F&F payment is advantageous to them, as they will have paid as little as six pence in the pound for them.

 

When it is with the OC, you're more likely to be able to agree a token payment with them until things either improve, or they get bored and flog it on as a toxic debt.

 

All debt mgmt does is reset the limitation period with each payment.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I asked for my own to be full and final and settled. Now all dropped of credit file. Barclays wouldnt play ball so that defaulted, now gone from file but I pay them £1 a month and have done for 8 yrs, I just get statements every 12 mths with another £12 off the balance. Not been sold on, perhaps it will in the future.

 

When you say reset the limitation period, what does that mean specifically?

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can never become 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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So if thats the case then is it better to go into default hide away for a few years then offer some money to clear it later down the line, or perhaps just take the hit and move on....

 

Thats why I dont love the debt management scheme, bad credit anyway and paying them all off.

 

I must add at this point though, not paying debts is not a good thing but if its too much to handle then a happy medium should be found, i.e. full and final settlement, at least both lender and borrower have agreed.

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