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    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974.   3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   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. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago   Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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The law in NI is different to England and Wales and also so Scotland. Clamping is still allowed in NI for starters, no POFA and no keeper liability.

 

However the reference you make is a bit of a non-story so if you have a problem with a parking issues the first thing to consider is the offer of a contract by way of signage at the place where you park and whether it means anything.

 

In your case the lease may also trump their signage. UKPC cant access the DVLA database because they have been banned from doing so and that means if you get a demand through the post you need to ask the DVLA who has accessed your keeper details and to complain as they will have broken the law by doing so.

Edited by Andyorch
Paras and spelling

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Apparently the ban was lifted end of May... Any tickets issued between mid march and may can not be called on....

 

By trump do you mean outweigh their requests to do me over?

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Link in post 2 please


please don't hit Quote...just type we know what we said earlier..

 

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superiority of contract.

If you have an agreement with landowner that trumps their offer of a contract to the public.

 

analogy would be i employ and estate agent to sell my house and tell them that I dont want prospective buyers parking on my land whilst they view.

the estate agent then send out demands for payment to my friends for parking on my drive.

 

Well, I have agreed to let them so even if I somehow gave the estate agnet permission to beg money from house viewers that wouldnt apply to me, my family or anyone else I invite on to my land.

The EA would have no say in this.

 

Same applies in your case, they will have permission that is limited by th landlords rights and by any other agreement he has with others, either as part of the lease or by way of an easement ( if you have parked there for 8 years you can create a right to do so) or by other agreement.

 

Apparently the ban was lifted end of May... Any tickets issued between mid march and may can not be called on....

 

By trump do you mean outweigh their requests to do me over?

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I have been parking in a 'private' parking carpark underneath the shopping centre where I hold a lease on a premises.

To be fair I know I shouldn't as it's private, but times are hard and I'm paying enough on rent and rates!

 

The car aprk is empty.

 

I have probably got over 15 yellow NTK.

 

What should I do now?

 

I know UKPC were banned for a while but understand that has been lifted now (shock).

 

I am refusing to pay this to these cowboys.

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I'm assuming that these have been acquired over quite a period, or are they all recent?

 

Have a go at completing the relevant parts of this post (copy and paste (with your answers) back to this thread).

 

 

What does your lease say about parking?


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For a windscreen ticket (Notice To Driver) please answer the following questions....

1 The date of infringement?

 

31.05.18

 

 

2 Have you yet appealed to the parking company yet? [Y/N?]

 

NO

 

 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload guide

 

has there been a response?

please post it up as well, suitably redacted. [as a PDF- follow the upload guide]

 

If you haven't appealed yet - ,.........

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

what date is on it

Did the NTK provide photographic evidence?

 

I HAVE A LETTER HERE, WITN A PICTURE OF MY VAN PARKED, I DO NOT DOUBT THAT I PARKED THERE, I HAVE DONE SO FOR 2/3 MONTHS NOW.

 

 

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?]

 

THE LETTER DOES YES.

 

 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

I HAVE NOT YET APPEALED ANYTHING.

 

 

5 Who is the parking company?

 

UKPC

 

 

6. where exactly [Carpark name and town] did you park?

 

HUDDERSFIELD, UNSURE OF NAME OF CAR PARK??

Edited by honeybee13
Spacing

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Threads dealing with the same issue merged.

 

 

HB


Illegitimi non carborundum

 

 

 

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DATES are critical so what is the date on their NTK and when did you receive it?

 

as for 15 yellow NTK's do you mean notice to driver? IE ticket stuck on screen? again tell us the DATES of the events and what you have received since for each of them. As they were barred from using KADOE then you will be asking the DVLA who accessed your details and when to see if they are lying to the DVLA again.

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Hi, i will be honest,

these NTK YELLOW TICKETS O SCREEN

- well they go back to about late Feb,

and got them over the last 3 months,

as I have a lease on a premises in a shopping centre and the carpark is empty most times,

it's more of a moral stance...

I undertsand they were barred from march to may?

 

I have only received one letter form them and it said the alleged a'offence' was 31st May 2018. It is now July 6th 2018.

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we know that, what we dont know because you havent told us is the DATES of both the screen tickets and the corresponding NTK's through the post.

 

Half of the information is not helpful so what is the date on the letter sent and does it correspond with the screen ticket?

 

What was the date you received it, I have a newspaper to tell me todays date but I cant guess as to when you received your letter with any accuracy.

 

Please read things carefully and answer fully

Edited by honeybee13
Paras

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Some of you may remember

- I run a small retail store, in a shopping centre, there is parking but you only get 20 mins or something.

 

I had no issues whatsoever for the first 2 months, everyone did it, then in around feb started to get yellow NTK...

Now whether my next action was right or wrong is not the point here..

 

I just binned them taking no notice of them.. Let's just say I maybe got about 20 or so over 3 months...

 

I was told to not worry about DRP, I am not... Just had a letter in the door saying 'intended court action'...

 

I have absolutely no intention of 1. getting worried, and 2. taking action.

 

Can someone please let me know what I should do here..

 

I am paying tenant of the shopping centre, is there anyway I can write to them and twll them to go away nicely?

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a dca is not a bailiff and have zero legal powers to do anything

only the PPC can take you to court.

 

who are they?


please don't hit Quote...just type we know what we said earlier..

 

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And to take you to court there's a procedure they have to follow before issuing a claim so you get at least a months notice of them thinking of it


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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So should I just keep ripping their letters up and using it as fire tinder?

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You got it.

Ignore everything except a letter of claim or an actual claim form.

Though it would be wise to keep the letters just incase they try different tactics.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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best thing to do is scan stuff to pdf and keep it on a pendrive or somewhere that wont get wiped if your pc fails etc

they [THE OWNERS of the land or their REPs ] could comeback anytime upto 6yrs.


please don't hit Quote...just type we know what we said earlier..

 

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they are rentathreats and can do nothing in their own name or on behalf of anyone else. they may well recommentd their client does things but I recommend you use daz for whiter washes but I cant sue you if you dont.

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And other Washing Powders which are available :-)


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 OTHERS

 

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

 

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

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right thats it, expect a lba any day now. My clients have a washing powder monopoly and even to suggest that you can use other ones is a breach of the clearly indicated contract written on the back of the box or available on their web site so you cant say you didnt see it. My friends Will and John will support me on this and will add their £60 unicorn food tax to the bill for doing their usual nothing.

 

 

And other Washing Powders which are available :-)

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As the name suggests, can any debtors / DCCs get your address info from motor insurance companies? 

Thanks.

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tell us the real reason why you are asking..

 

what is going on?

 

 


please don't hit Quote...just type we know what we said earlier..

 

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Not directly. If you use a comparison site, they may pass on your data.  Be careful when agreeing to your data being processed. 


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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

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