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    • Good luck today, TD. Please let us know how it goes. HB
    • That is different to my PCN issued by Highview. I am not by any means an expert so I would leave it to the experts to check what I say and maybe delete this if it is not helpful. My thoughts on this are In the PoC they state you are liable as Driver or Keeper. Firstly, I would challenge that .... are they pursuing you as Driver or as Keeper? They don't know who the driver is, as stated on the NTK and, they don't know if you didn't tell them, so I would think that they can not pursue you as the driver. The NTK is not fully compliant with POFA 2012 as LFI stated but specifically, and correct me if I am wrong, Section 9 [2][f] states that:   Section 9 (2) The notice MUST— (f) warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (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;   All the applicable conditions under this Schedule (Schedule 4) are NOT met, specifically warning the keeper as in (f) .... As far as I can see, the creditor has NOT warned the keeper on the NTK, as they MUST do in accordance with S9 [2](f). So, as far as I can see that prohibits them from having the right to recover from the keeper.   I put it to you M'Lord, given the facts stated, the creditor does not have grounds to pursue the Driver, nor the Keeper!! 😂🤣😂 Maybe that's why you've not heard from the courts, what does it say on MCOL ?
    • at the time, if both owners signed a voluntary charge it can not be a restriction k.  but it looks like one? as above ..... if you re mortgage with the same lender is doesn't need paying if you re mortgage with a new lender then most probably you will have to settle it.
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    • please dont post up unredated court docs!! done now... it looks like: you paid for then cancelled a PC from mac group ltd however the PC still got delivered but not to you. you got issued a court claim but totally ignored it. DCBL HCEO Bailiffs attempted to enforce the CCJ...they failed..you had moved. The Claimant was Granted Permission by the Court to Serve A Statutory Demand and latterly did so. you had attempted to set aside the Original CCJ but failed to attend it's hearing and it got struck out you subsequently have have received a statutory demand for the CCJ sum. you applied to set that aside there was a hearing on 18th Apr which you did not attend. ...............   not quite sure but i think thats the story. ............. same as your other thread.. stop worrying about the house.. you ought to deal with this at some point as if the claimant does go for and manage to you BK. it might not be good. have a think about things , it might pay you to look toward putting an N245 variation to the court and offer a very low £PCM to the court, esp if you have little to no income etc like on benefits/pensioner etc...you might even get it all done for free as there is a small charge for the N245 process.        
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Cabot chasing HSBC OD - all fees


iamgnome

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As long as you haven't paid or admitted the debt is yours, then they can't go to court.

You have an absolute defence.

Of course they'll threaten and Try, but there will be nothing they can do

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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poss .

in strict legal speak, its DN+14 days but if you made or used the AC after that date or never well before DN then its arguable the DN is faulty.

i would take the latest of the above

 

if it is SB then fire them off our SB letter from the debt collection section of our library

but you must be 1000% sure and sometimes its better not to kick pram wheels till they do ...

 

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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pers id nail them in their box

 

dx

 

  • Thanks 1

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 year later...

Thanks for reopening this old thread! I'm back with an update.

Cabot's lawyers have sent me the below letter:

We are instructed to start legal action within 26 days if we do not hear from you regarding your outstanding balance.

We will obtain a CCJ if we do not hear from you. 

As mentioned, I'm certain that the debt is now SB'd. Likewise, I haven't paid anything to Cabot or admitted that the debt is mine.

They MIGHT claim that I made a payment after the default. If you remember, I did an SAR with Cabot and they tried to bluff a phantom payment. 

So, I'll aim to fire off the SB letter and if it goes to court then I'll defend that a) it's definitely SB'd and if needed, b) any payment Cabot are claiming is false and can be proved by xyz.

Does that sound about right? Thanks as always, for your help with this long running saga!

 

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yea just fire off the SB letter by 2nd class stamp

get free proof of posting from any po counter.

and as per the CONC in  the letter, start a diary now.

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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Thanks DX, will aim to do that asap.

A thought that came to my mind.

The letter they sent doesn't have a 30 day deadline and I received it by email.

Is that against the rules or have I got it wrong?

 

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so this was an email not a royal mail letter.

they use email as a free way to p'haps scam mugs that know no better.

not sure what this 30 days is you are going on about?

send the SB by surface mail get free proof of posting.

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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cant send a letter of claim by email, even if that what was attached to it. .

you are confusing yourself.

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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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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  • 3 weeks later...

Just an update on this.

Turns out they did send a physical letter, but it had a completely different date to their online one.

They also sent a chaser to their email, threatening to apply for CCJ.

Have ignored the emails and replied to the physical letter.

Will let you know what happens next...

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with the sb letter nothing else no?
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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  • 2 weeks later...

Update:

Cabot's lawyers have responded to my letter.

Their response was on email.

They claim I made a payment in 2018.

I've checked my bank account and there's nothing that was paid at the time that they claim.

As expected, this is the phantom payment scam they tried before.

If this is the best they have then I'm 100% sure the debt is now SB'd and they're desperate.

Is it worth replying i.e. you're wrong and I'll contest this at court, so don't contact me any further. Or shall I wait it out until LBC

Cheers

 

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emails can be ignored.

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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