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    • This might be of use Moneybarn getting tolchocked https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html
    • No, no credit card. I had a loan but that was cleared off many years ago.
    • Thanks. Name of the Claimant ? Hoist Finance UK Holdings 1 Li   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 30 Jan 2020 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - Acknowledged 17th Feb ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. Their Wording on the CCBC claim minus details is...   The claim is for the sum of....arising from the defendant's breach of a regulated CCA referenced under no ............ The Defendant has failed to remedy the breach in accordance with a Default notice issued pursuant to ss,687(1) and 88 of the CCAct  1974.   The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from HPH2Ltd (Ex Barclaycard}. Written notice of the assignment has been given. The Claimant claims. 1.The Sum of.... 2.Costs What is the total value of the claim?    £3171   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Not that I know of   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Creditcard debt   When did you enter into the original agreement before or after April 2007 ? After, it says 15/04/2008 on Experian. So could be statute barred ?   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes says they took it on 6th May 2015    Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Hoist I think but it says for Barclays ?   Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably I don't really look at the letters from those companies but there are lots.   Did you receive a Default Notice from the original creditor? Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure   Why did you cease payments? Never started payments   What was the date of your last payment? n/a   Was there a dispute with the original creditor that remains unresolved? no just my inability to pay   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly with banks but not this as its credit card and no account related.
    • I checked the statements and the £36 is technically incorrect as they implemented a payment plan in the April where they froze everything and I had to pay £12 from the next month on which showed on the May statement.     They applied my £12 payment to the April statement so they said I missed may june July i.e. 3 payments which wasn't right so the default statement is incorrect.   the witness statement is incorrect the statement pages he refers to are not the ones that appertain to the default notice.     Also am I right in saying that the reference to robinson way as a creditor is incorrect as they are just a debt collection agency.    And should I have had a default notice off Hoist as well as the one from barclaycard?    they've only included a notice of Assignment, is that the same as a deed of assignment? and the only information given as to address is the salford one which is the robinson way address.  
    • Waitrose rep  will do nothing is most likely, get back on to them, ask for someone senior and at the same time find the email address for the CEO and email him/her.   You want a firm 'we will instruct our employed parking company to stop pursuing you as the keeper sir'   Get names and make records, record the call if you can.
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Earlier in January a work colleague of mine who took my vehicle out for a lunch break got me into a bit of a trouble as I found out he had gone to park illegally in a private residence in the city of Edinburgh.

 

The letter from the parking Company, a parking charge notice stated emphatically 'to keeper', they wanted to know the driver and I guess at this point I should have hesitated a bit, I wrote to the parking Company giving them the name of my colleague and asked them to address him with any further issues, I did sign the letter to that effect. I was even more shocked that DVLA could easily give out my private information with such wanton disregard to privacy.

 

Problem is, this guy has moved to Canada and married there and rarely stays in touch, his sister called me up couple of days ago saying there have now been two threatening letters sent to their address but in MY name asking whoever was driving to cough up firstly a 100 GBP parking fine, and suddenly a massive jump to 160 in the second letter,with no breakdown of charges or how they even got to that exhortbitant amount in the first place.

 

Now, was I wrong to name the driver from the beginning, if he refused to play the game by paying, does this then come back to me by default. Where do I stand here if things escalated.

 

I would upload a scanned copy of what the young woman sent me when I get home from work.

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Well reading between the lines this sounds like its private not council.

 

Now as much as we advise not to tell or admit who the driver is you have already done that.

 

But your saving grace is they live abroad.

 

Now in the "contract" ie the dodgy signs does it say what to do in that situation? No.

 

On the demand it does or should sy blah blah name the driver and a SERVICEABLE address.

Do you know what serviceable means?

It means an address they can legally serve papers to, but they dont make that clear. Their is no appendix on the paper making it clear.

You can argue that point.

At the end of the day you've done what a lay person would do understanding the letter (in lay terms)

 

Go tell them to swivel

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Many thanks for your response folks.

 

There's just been a new letter,

this time with the actual driver been addressed and me not anymore.

 

For some reason, the parking charge figure has dropped to 100 GBP again from the last 160.

 

See photo attached.

 

I'd answer the questions from the stikky as soon as possible HB

PCN P4Parking - TNC.pdf

Edited by dx100uk
spacing

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Are you saying that they changed the name but not the address?

How and why do you have That letter?

 

It also nice to see they said"current postal address"

 

They have shot themselves in the foot.

 

Any and all letters return to them saying on the back no one of that name at this address

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stuff and all they can do if they are aware he is no longer resident in the uk


..

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This current address is not that of mine but my friend's Sergeant Bush, the last two letters to their place had my name on it, now this new one here has his name. His sister just brought me this mail this morning, I've asked her to send me copies of each of them, in case things went down hill, so I know what I'm dealing with

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Any and all letters return to them saying on the back no one of that name at this address

 

Won't that risk them saying that the driver details OP gave were false and allow them to revert to pursuing OP as Keeper? The driver was a work colleague and OP appears not to have strong personal reason to shield him from the parking company, and has already provided his name/address once so if I were OP I'd be inclined just to say 'moved to....' and give the Canadian address.

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I thought your friend now lives in Canada?

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Yes he is no more in the U.K, but parking company doesn't know nor have this information at this point in time,all the mails are now going to his old family home here in Scotland where his sister lives

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So you haven't "given up your friend" completely !!!

 

I take it at the time of the alledged parkin matter he lived at the address and now he lives in Canada.

He moved in the interim of the start of the letters and theletters now.

 

Why else would you give the parking company an address they dont live at.

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The details up until the final move to Canada was what I wasn't privy to, up until then I had only known him to be at his 'former' address here in the U.K. When we last spoke on WhatsApp I didn't have the slightest impression he had moved. I am finding out like this from his relative. What do you suggest, that I hunt down his overseas address and rope him in?

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Well morally I would.

Legally I'm not sure

But the s c a m m e r s are not looking for you at your address but looking for him at his sisters address.

It might cause his sister some upset even though its unenforceable.

It may lead to a default ccj of the parasites take it that far that the guy doesn't know about and if he moves back to the UK it may cause financial issues

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If this happened in Scotland, it's possible it could have been resolved quickly at the beginning. It's a shame you didn't come here then.

 

Anyway, I'll leave to the experts to say what could be retrieved from this.

 

HB


Illegitimi non carborundum

 

 

 

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inform them of the drivers correct address

stuff and all they can do once they know that.


..

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No keeper liability in Scotland, even if the keeper doesn't provide the driver's details.

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Understand, they can only go after the driver and you named that person and gave an address where documents can be served.

The parking co, by continuing to use your name in this matter are breaking the law and you can sue them for this.

 

As the threatograms are from a toothless DCA his sister and you should continue to do nothing but if either address gets a solicitors letter get her to pass it on if it has your name and we will advise how to deal with it.

 

being pedantic they have already breached the contract they have with the DVLA as they know there is no keeper liability in Scotland so they lied to get you keeper details and that can earn them bother and you money if you are so minded. However, let them provide the rope to hang themselves.

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