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    • Yes, please fill in the sticky that HB posted - the more ammo we have against them, the better.   To answer your questions.   1.  You're right.  However the PPCs have complete contempt for the law and will pursue you regardless, hoping you will finally give in, or they'll get a default judgement, etc.   2.  You need to reply to the LBC and make it quite clear to the charlatans that you will be big trouble if they do do court.  We call this the "snotty letter" strategy.  Do a search on the forum for "snotty letter" and you'll see loads of examples.    3.  Again, you're right.   4.  The best way is to deal with the matter in two stages.  Firstly, concentrate on seeing off the ticket.  Then later, if you want revenge, sue them for breach of GDPR.
    • Thanks dx. I will ignore until I hear anything further from them.  
    • So, so far we have -   1.  Appalling signage with the £60/£100-ish charge in particular being illegible.  No PP either.   2.  Double dipping, you actually obeyed what was on their silly signs.   3.  No locus standi.  A blank unsigned template is not a letter, let alone a contract.   4.  Double recovery.  As well as £50 legal costs they have invented £60 Unicorn Food Tax.   WS in post 99 is useful for (1), (3) & (4)  https://www.consumeractiongroup.co.uk/topic/417771-cel-pcn-claimform-tenerife-buildings-station-road-south-gosforth-newcastle-ne3-1qd-claim-discontinued/page/4/#comments   WS in post 87 is useful for (1), (3) & (4)  https://www.consumeractiongroup.co.uk/topic/421029-opcdcb-legal-anpr-pcn-paoloc-now-claimform-overstay-st-johns-retail-park-wolves-claim-discontinued/page/4/#comments   WS in post 122 is again useful for (1), (3) & 4  https://www.consumeractiongroup.co.uk/topic/410445-ukcpmgladstones-windscreen-pcn-claimform-vista-centre-salisbury-rd-hounslow-tw4-6jq-claim-dismissed/page/5/#comments   WS in post 58 with comments in post 59 useful for (3) and (4)  https://www.consumeractiongroup.co.uk/topic/422971-excel-anpr-windscreen-pcn-claimform-brewery-st-car-park-chesterfield-on-0207-2018-claim-dismissed/page/3/#comments   I haven't got time to look at the lot, but there are probably useful WSs in the following (scroll down the pages till you come to the WS, which will always be an attachment)   https://www.consumeractiongroup.co.uk/topic/419899-ukcpmgladstones-spycar-pcn-claimform-no-stopping-trinity-park-birm-airport-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/414313-cpmbw-windscreen-pcns-bw-pap-loc-now-claimform-residential-car-park-the-citrus-building-maderia-road-bournemouth-claim-dismissed-with-costs/   https://www.consumeractiongroup.co.uk/topic/421756-vcs-pcn-claimform-broomfield-developements-broomspring-close-s37xa-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/429200-excel-pcn-claimform-broomhill-roof-car-park-in-sheffield-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/419312-vcs-pcn-claimform-no-stopping-in-restricted-zone-bristol-airport-claim-dismissed/    
    • I don't understand why Leave.eu would want to leave and then stay in Europe anyway. I'm sure you don't either, TJ.    
    • Because we've seen the PPCs' antics a thousand times.  They always refuse appeals.  On every occasion they send out the same standard "threatening" letters.  In each case they then involve a third party to pretend the matter has somehow got more serious and the sum owed has increased.  It's got nothing to do with "sticking by their guns", it's what they always do, whether their case is good or if it's pants.   What do you think an unbiased judge would decide when you prove there was no sign at the entrance, just one in the car park at the height of the stratosphere, that the cafè owners had to stick up their own signs to protect their customers, that ages after your visit PCMUK finally installed decent signage, etc., etc? 
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Length of time between default and ccj


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Hi

 

I'm looking for a bit of advice regarding a debt collection agency that is hounding me at the moment...

 

I have a few very old debts,credit cards and Catalogue debt that will be statute barred come December but this debt collector is now planning to issue CCJ's on them...

 

There's a couple of these debts where i have grounds to dispute them as they are actually not my fault as the originally company just didn't attempt to take any payments off me for over 12 months and when they realised they demanded all the back payments all at once...

 

My question is are there guidelines on how long it should take a dca to go for CCJ's ??or can they effectively stretch the effects of them out on your credit file over 12 years by waiting the 6 years before issuing CCJ's which will then last for another 6 ???

 

Thanks

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moved to DCA forum

not sure why you posted in the bailiffs forum

 

a DCA is NOT A BAILIFF

and have ZERO legal powers.

 

when did you last pay anything to these debts?

list them please

 

original Creditor

when taken out

what type of credit

last payment date

whom owns it now

credit file defaulted date

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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hope this doesn't end up like all your other threads

never resolved as you never bother to update them....

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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Tell us what is going on then

 

We cant properly advise if you dont tell us why you are asking such vague questions as this thread

 

So tell us ....

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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Again sorry but i thought the question was pretty simple not vague....perhaps its the way i phrased it.

 

The last few debts that haven't got CCJ's against them are coming up to statute barred as i stopped paying my debts in December 2012..

 

All i was wondering is if they were to gain CCJ'S this close to the 6 years would they be able to chase me for another 6 years and would it still affect my credit file, not that it would bother me much?

 

There's nothing i can do about it i was only looking for the answer.

..i can't afford to pay them anything as my financial situation is about to get even worse because my wife is being made redundant in two months and we're barely managing now...

 

I know that there's a timescale for a default to be registered and thought they may be such guidelines about how long it should take for them to go for a CCJ ?

Edited by honeybee13
Paras
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whos tells them its SB'd?

doesn't stop them getting a Backdoor CCJ if they don't know where you live

i'e you never told them or the original creditor in writing you have moved

 

everything will be filed to an old address , 1st thing you'll know about would be bailiffs at your door.

 

use the red toolbar search CAG box

 

backdoor CCJ

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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what I also meant to say is tell us about all these issues/debts you have

I bet there are some we can help with rather than being resolved to your fate, which you appear to be portraying...that theres nothing you can do about them

let us help you.

 

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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I'll tell them it's statute barred when it's time to do so....

 

i've been at the same address for 15 years i haven't moved,

they know exactly where i am as they were sending court bailiffs to my address most of last year,

they had to change them as after i spoke to one they never came back because there's no money to pay them...

.plus the burnt out cars on my street i think scared them off...

 

i got into way too much debt towards xmas 2012 and sent all my creditors letters asking for reduced payments and giving them my income and expenditure breakdown and to date i've still not received a response off a single one in fact one even raised my interest rate afterwards.

 

.. luckily i can go back on my online banking and the last payment made to any of them was December 2012...

so i know the last one will be statute barred at the end of this year..

 

They have got three CCJ's according to my credit file which is why they sent the court bailiffs last year..

 

I'm resigned to my fate as apart from two of my debts they are my fault i just couldn't service them all and those two if push comes to shove i will defend in court or at least point out why i don't owe them, thats if they'll actually transfer the cases to a local court this time unlike the last CCJ which i requested by moved but somehow was still rubber stamped in Northampton...

 

As i said i only really wanted to know if there were timescales about when they need to apply for the CCJ's or can they make them last almost 12 years by leaving it till last minute before doing so ??

Thanks

Edited by mabski
changed to make more sense
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ok good that explain a few things.

at least you will get notification...probably a letter of claim...ideally if you do you shouldn't ignore that one:madgrin:

 

once the defaulted date on a debt reaches 6yrs, the whole account will vanish from your file

obv that doesn't equate to the owner not being able to still do court..

and as with the two CCJ you have, they'll show in the public record or judgement section for a further 6yrs, but the debt itself, again as you've probably noticed, does re appear on your file, just 'a CCJ relating to the debt.

 

once you hit the state barred date [6yrs from payment or last time you wrote and signed a letter]

you can send our statute barred letter

following that they should back off under the new conc FCA rules

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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" As i said i only really wanted to know if there were timescales about when they need to apply for the CCJ's or can they make them last almost 12 years by leaving it till last minute before doing so ??

Thanks "

 

No limit as such...they will try to refrain for as long as possible before it goes statute barred...so 6 years....then they can run up section 69 interest (8%) within any possible claim.

 

But some still issue claims that are statue barred.....because you would be surprised how many people dont even know what statute barred means.

 

Default Markers and CCJ Markers are not connected ...they can only show for 6 years.

 

 

 

Andy

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