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    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
    • Thanks for all the suggestions so far I will amend original WS and send again for review.  While looking at my post at very beginning when I submitted photos of signs around the car park I noticed that it says 5 hours maximum stay while the signage sent by solicitor shows 4 hours maximum stay but mine is related to electric bay abuse not sure if this can be of any use in WS.
    • Not sure what to make of that or what it means for me, I was just about to head to my kip and it's a bit too late for legalise. When is the "expenditure occured"?  When they start spending money to write to me?  Or is this a bad thing (as "harsh" would imply)? When all is said and done, I do not have two beans to rub together, we rent our home and EVERYTHING of value has been purchased by and is in my wife's name and we are not financially linked in any way.  So at least if I can't escape my fate I can at least know that they will get sweet FA from me anyway   edit:  ah.. Sophia Harrison: Time bar decision tough on claimants WWW.SCOTTISHLEGAL.COM Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government...   This explains it like I am 5.  So, a good thing then because creditors clearly know they have suffered a loss the minute I stop paying them, this is why it is "harsh" (for them, not me)? Am I understanding this correctly?  
    • urm......exactly what you filed .....read it carefully... it puts them to strict proof to prove the debt is enforceable, so thus 'holds' their claim till they coughup or not and discontinue. you need to get readingthose threads i posted so you understand. then you'll know whats maybe next how to react or not and whats after that. 5-10 threads a day INHO. dont ever do anything without checking here 1st.
    • I've done a new version including LFI's suggestions.  I've also change the order to put your strongest arguments first.  Where possible the changes are in red.  The numbering is obviously knackered.  See what you think. Background  1.1  The Defendant received the Parking Charge Notice (PCN) on the 06th of November 2020 following the vehicle being parked at Arla Old Dairy, South Ruislip on the 05th of December 2019.  Unfair PCN  4.1  On XXXXX the Defendant sent the Claimant's solicitors a CPR request.  As shown in Exhibit 1 (pages 7-13) the solicitors helpfully sent photos of 46 signs in their evidence all clearly showing a £60.00 parking charge notice (which will  be reduced if paid promptly).  There can be no room for doubt here - there are 46 signs produced in the Claimant's own evidence. 4.2  Yet the PCN affixed to the vehicle was for a £100.00 parking charge notice (reduced if paid promptly).  The reminder letters from the Claimant again all demanded £100. 4.3        The Claimant relies on signage to create a contract.  It is unlawful for the Claimant to write that the charge is £60 on their signs and then send demands for £100.   4.4        The unlawful £100 charge is also the basis for the Claimant's Particulars of Claim. No Locus Standi 2.1  I do not believe a contract exists with the landowner that gives MET Parking Services a right to bring claims in their own name. Definition of “Relevant contract” from the Protection of Freedoms Act 2012, Schedule 4,  2 [1] means a contract Including a contract arising only when the vehicle was parked on the relevant land between the driver and a person who is-  (a) the owner or occupier of the land; or  (b) Authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land. According to https://www.legislation.gov.uk/ukpga/2006/46/section/44  For a contract to be valid, it requires a director from each company to sign and then two independent witnesses must confirm those signatures.  2.2  The Defendant requested to see such a contract in the CPR request.  The contract produced was largely illegible and heavily redacted, and the fact that it contained no witness signatures present means the contract has not been validly executed. Therefore, there can be no contract established between MET Parking Services and the motorist. Even if “No Parking in Electric Bay” could form a contract (which it cannot), it is immaterial. There is no valid contract. Illegal Conduct – No Contract Formed  3.1 At the time of writing, the Claimant has failed to provide proof of planning permission granted for signage etc under the Town and Country Planning Act 1990. Lack of planning permission is a criminal offence under this Act and no contract can be formed where criminality is involved.  3.4        I also do not believe the claimant possesses this document.  No Keeper Liability  5.1        The defendant was not the driver at the time and date mentioned in the PCN and the claimant has not established keeper liability under schedule 4 of the PoFA 2012. In this matter, the defendant puts it to the claimant to produce strict proof as to who was driving at the time.  5.2 The claimant in their Notice To Keeper also failed to comply with PoFA 2012 Schedule 4 section 9[2][f] while mentioning “the right to recover from the keeper so much of that parking charge as remains unpaid” where they did not include statement “(if all the applicable conditions under this Schedule are met)”.    5.3        The claimant did not mention the parking period instead only mentioned time 20:25 which is not sufficient to qualify as a parking period.   Protection of Freedoms Act 2012  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; 22. In the persuasive judgement K4GF167G - Premier Park Ltd v Mr Mathur - Horsham County Court – 5 January 2024 it was on this very point that the judge dismissed this claim. 5.4  A the PCN does not comply with the Act the Defendant as keeper is not liable. Interest 6.2  It is unreasonable for the Claimant to delay litigation for four years in order to add excessive interest. Double Recovery  7.1  The claim is littered with made-up charges. 7.2  As noted above, the Claimant's signs state a £60 charge yet their PCN is for £100. 7.3  As well as the £100 parking charge, the Claimant seeks recovery of an additional £70.  This is simply a poor attempt to circumvent the legal costs cap at small claims. 29. Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio. An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated “Upon it being recorded that District Judge Jones- Evans has over a very significant period of time warned advocates (...) in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court v Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practise continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared (…) the claim is struck out and declared to be wholly without merit and an abuse of process.” 30. In Claim Nos. F0DP806M and F0DP201T, District Judge Taylor echoed earlier General Judgment or Orders of District Judge Grand, stating ''It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in Parking Eye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4)) of the Civil Procedure Rules 1998...'' 31. In the persuasive case of G4QZ465V - Excel Parking Services Ltd v Wilkinson – Bradford County Court -2 July 2020 (Exhibit 2) the judge had decided that Excel had won. However, due to Excel adding on the £60 the Judge dismissed the case. 7.7        The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.  7.8        It is the Defendant’s position that the Claimant in this case has knowingly submitted inflated costs and thus the entire claim should be similarly struck out in accordance with Civil Procedure Rule 3.3(4).  In Conclusion  8.1        I invite the court to dismiss the claim. Statement of Truth I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. 
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Settling debts


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I am planning to settle all my debts with various creditors, but want to be sure that I go about it the right way, to ensure that my credit file shows the most accurate (if not the best) picture of my situation.

 

Is there anything I need to obtain from various creditors apart from a letter confirming that the account has been settled?

How long does it take before my credit file reflects these changes?

 

Thanks,

M

 

P.S. Need advice on more thing, please: I have a CCJ entered against my name for school fees that weren't paid from many years ago. The CCJ was entered in 2013or 14 in my absence. I understand that the CCJ would be removed from my file after 6 years, but does it help my credit file if I make a full payment now? Or shall i just leave it as it is.

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Wont help

Neither Will blindly wasting money settling debts esp if they have defaulted date

Go have a holiday with it

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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Hi dx, thanks for your reply.

 

I have two accounts that have defaulted according to Noddle.

I am looking at paying them off particularly the larger amount of approx 9k because I worry that they will come back with a CCJ! :-/

 

I am literally moving mountains to clear my debts so that I can plan to buy a house in the next five years. :-(

Edited by dx100uk
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Tell us the full hisory of each

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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One is an HSBC loan approx £9000 which defaulted in december 2012.

 

I have done the CCA request etc. and they have replied saying they will come back to me with the original agreement.

 

No activity on this but periodic letters from ARROW stating that they are still trying to retrieve the documents.

 

I called them this afternoon hoping to pay it off fully but their payment software crashed or something, they said they will ring backl.

 

The other is HSBC credit card of approx £1600 which was sold to INTRUM.

 

Defaulted in october 2013.

 

I have not contacted this company in any way.

 

P.s. sorry about the reply with quote. Just noticed your signature. :)

Edited by dx100uk
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woe where have you EVER read on CAG that you ring a fleecing powerless DCA??

HSBC loan will go from your file on the defaults 6th birthday never to return.

if and WHEN they ever get back to you by LETTER including what they CLAIM to be an enforceable CCA return you scan it up here 1st!

do not ever converse on the phone..a DCA is NOT A BAILIFF.

and have ZERO legal powers.

 

might pay you to sar HSBC lets findout why the really sold the debts on for 15p=£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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Have i messed it up for myself by calling them??? :(

I have read somewhere that telephone contact can reset the six year clock!

 

As for SAR to HSBC.... to be honest, I was hoping to be debt free by the new year, and I feel that SAR may prolong this again. :(

 

Can I SAR LINK financial as well? They have my ford credit hire purchase account with £3500 approx left to pay.

 

If I pay these accounts off, will it improve my credit profile? And if I SAR and such then wont I just go back to whjere I was earlier: that worrying limbo of uncertainty about when these guys will restart collection process! :((

Edited by dx100uk
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no verbal cant reset it. just forget it happened

 

god you got link as well, biggest fleeecers out there

 

so I take it you fell for their threats too.

an sar goes to the original creditor only.

 

have you sent Plink a CCA request?

 

as for being debt free? why...as I said if the debt is defaulted wont improve your credit file by anything.

 

 

why do you need to be debt free?

 

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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Just click your username

Its here..

Go update it..with you now want to settleit

https://www.consumeractiongroup.co.uk/forum/showthread.php?408688-Link-and-old-Ford-Credit-car-agreement-debt&p=5102250#post5102250

 

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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ok use this thread for the HSBC debts only

 

any other you are blindly thinking of paying off.

 

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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Share on other sites

I've paid off the debts that have not defaulted on...one of them I have NOT paid, yet because they have offered me a discount (£550 down to £270); however, I am worried that if I pay the discounted amount, they will mark it as "partially settled". The guy on the phone said that it won't be marked that way unless the debt has defaulted. :-/

 

The debts that I am struggling to make a decision on are:

 

HSBC loan: £10,000

HSBC credit card: £1700

LINK: £3500

CCJ entered against me in absence by private school for non-payment of school fees: £1700

 

I know you think I am blindly paying off debts, but I am doing this in the hope that it will give me a clean slate to build up a credit history in the next two years so I can at least try to purchase a house.

 

Is there any advantage to meeting with a FA or someone ?

 

Sorry for all the questions!

And thanks for your thoughts, everyone/! :)

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you need to slow don't

stop blindly paying people KEEP OFF THAT PHONE!!..esp to DCA's and their dogs.

why do you think people are offering discounts..think about it..wow free money, well let seal the deal by offering a discount.

 

 

keep the link stuff to that thread please

 

as for partial settlement

if the debt is not defaulted then yes PS will be there are 6yrs and yes they do sell debts on again.

there is little point in paying any debt that's already got a default..go burn the money, it will NOT improve you credit, the availability to get at all.

 

school fees CCJ have you been paying this todate?

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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School fees CCJ... havent paid anything into that. Thoughts on this?

 

My worry with these defaulted accounts is that (in my head) they will stay open and I don't want the uncertainty of creditors suddenly chasing me again for payment maybe two years down the line. :-(

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your 'goal' is to get your credit file looking good so you can get a mortgage.

as already said several times, and in numerous threads here with you since you joined in. 2010....

 

a CCJ stays on your file for 6yrs then vanishes

a defaulted account stays on your file for 6yrs then vanishes.

 

yes that DOESNT means the debts are dead, but, if no-one is kicking your pram wheels on any debt that covers the above

THEN DONT KICK THEIRS.

 

once the debts that DONT fall under the above are dealt with ….THEN we can look at the above ones.

 

again just to make things clear...PAYING OFF a defaulted debt or a debt subject to a CCJ ...will NOT improve your mortgage chances. paid off or not, marked as satisfied or not ...a default or a CCJ will kill a mortgage application.

 

 

so for the minute concentrate on those debts that ARE NOT DEFAULTED NOR HAVE A CCJ, but show on your credit file...

 

and these are:

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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"kill a mortgage application"??

So is this pointless? Am I doomed to an existence of renting ?

 

The other debts have all been paid off and closed by me over the last few days. Bar one,which I will pay off this weekend. The one with £550 discounted to £270

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you need to read things carefully.....

 

any CCJ's/defaults go after 6yrs...so..

 

whats this £550 debt you are thinking of blindly paying..

full history please

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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right I REALLY do wish you'd stick to one thread per debt!!

 

HSBC Loan

 

the hsbc is subject to a stay that's been inplace since sept 2016

https://www.consumeractiongroup.co.uk/forum/showthread.php?468077-Arrows-restons-claimform-HSBC-Loan-Can-I-avoid-it

 

last payment was 2012.

 

 

hsbc credit card

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?471715-unknown-Hoist-CCJ-for-HSBC-Credit-card-set-aside-help-please&p=5145705#post5145705

 

they got a CCJ in 2014

you've paid it off already

but the CCJ should still be showing till 2020?

 

is this showing on your credit file in the public info judgement section?

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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regarding the HSBC debts (loan and credit card), do I need to SAR HSBC for these?

The default on the loan would reach six years on the 18th of december I think.

 

This debt will be off your credit file in a few weeks and invisible to any mortgage company.

 

My experience with around 30k of HSBC debt. They never sold the debt and never went for a CCJ, the debts are now many years past Statute Barred and nothing has ever happened. Their debts were loaded with PPI and illegal charges anyway.

 

If you really want a mortgage , it can be done, I was in a far worse situation than you, and now own a house. Just Listen to DX100.

 

Your CCJ will also be invisible to mortgage lenders, even if you don't pay it, by it's 6th anniversary. Once a CCJ is more than a year old there are mortgage companies who will lend anyway, whether it is satisfied or not.

 

DX100 is right, paying defaulted stuff off makes zero difference to your Credit Score.

We could do with some help from you.

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This debt will be off your credit file in a few weeks and invisible to any mortgage company

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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