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    • doesn't matter you've admitted about the DN and anyway where have you done that and to whom?   by assignment arrows are the creditor regardless to your acking of that fact or not.      
    • Just ignore the letter.   Block/bounce their emails or let them come through so you know what they're up to, and keep us posted.............   😎
    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • For PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH       For either option, does it say which appeals body they operate under. Yes    …………………..     This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system.   The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see.   The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system . I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.      My statement and evidence to POPLA. in response to CE evidence highlighting main arguments.   Par 18 . The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured...….. Me Not from where I was parked. A photo from the bay shows a pole with the sign facing away.  Par 18 . Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.......  Me I treat this paragraph with contempt. There is nothing to "highlight" here as I maintain I did not see any signage; Regardless ? I could have legally parked right outside the Surgery as there were spaces at the time but having "regard" for disabled and elderly, parked further away having to cross a busy road to the Surgery. Par 20....,. Furthermore, the Appellant failed to utilise the operator’s helpline phone number,,, (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.... Me How could I have done this ? I only realized there were signs there when the PCN arrived. Summary. I stand by statements and maintain that I did not see any signage entering or leaving the car park. The main sign at the entrance is too small and easily missed when you have to turn right though busy traffic and once through carefully avoid pedestrians, some walking their dogs. The main sign is blank at the back. When you leave the car park I would have noticed the private parking rules if the writing was on both sides. Roadworks signs close to the parking sign at the time did not help either. [see photo] CE evidence is flawed, illegal and contemptuous. Photos submitted are from months ago, Today I have driven into the car park and noticed the same signs turned 90 degrees including the one opposite my bay. CE have done nothing to rectify this disregarding my evidence and the maintenance of the car park. Showing number plates is a total disregard to patients privacy and I object to these photos being allowed as evidence on the grounds that they may be illegal.    POPLAS assessment and decision....unsuccessful   Assessor summary of operator case   The operator states that the appellant’s vehicle was parked on site without a permit. It has issued a parking charge notice (PCN) for £100 as a result. Assessor summary of your case   The appellant states that he parked on site to attend a dental appointment. He states that the terms of the site had changed since the last time he parked two years ago. He states that signage at the entrance to and throughout the site did not make the terms clear. The appellant has provided various photographs taken on and around the site. Assessor supporting rational for decision   The appellant accepts that he was the driver of the vehicle on the date in question. I will therefore consider his liability for the charge as the driver.   The operator has provided photographs of the appellant’s vehicle taken by its automatic number plate recognition (ANPR) cameras. These photographs show the vehicle entering the site at 14:17 and leaving the site at 15:13. It is clear that the vehicle remained on site for a period of 56 minutes.   Both the appellant and operator have provided photographs of the signs installed on the site. The operator has also provided a site map showing where on site each sign is located.   Having reviewed all of the evidence, I am satisfied that signage at the entrance to the site clearly states: “Permit Holders Only … See car park signs for terms and conditions”.   Signs within the site itself clearly state: “DENTAL PRACTICE PERMIT HOLDERS ONLY … ALL PATIENTS AND VISITORS MUST REGISTER FOR A PERMIT AT THE PRACTICE RECEPTION ... IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100.”   The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice.   The operator has provided evidence to show that a search for the appellant’s vehicle has been carried out against the list of vehicles for which a valid permit was held on the date in question. The appellant’s vehicle does not appear on this list.   The appellant states that he parked on site to attend a dental appointment . I accept that this may have been the case, however I do not accept that this entitled the appellant to park on site outside of the terms.   The appellant states that the terms of the site had changed since the last time he parked two years ago. The operator’s photographs of the signage on site are dated 27 March 2019.   It is clear based on these photographs that the terms had been in place for at least three months by the time the appellant parked, which I am satisfied was a reasonable period for any regular user of the site to adapt to any change to the terms.   The appellant states that signage at the entrance to and throughout the site did not make the terms clear. He has provided various photographs taken on and around the site.   As detailed above, I am satisfied based on the evidence as a whole that signage made the terms sufficiently clear. I am satisfied from the evidence that the terms of the site were made clear and that the appellant breached the terms by parking without registering for a permit.   I am therefore satisfied that the PCN was issued correctly and I must refuse this appeal.   docs1.pdf
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ricky balboa

Lowell - LOC - Lloyds

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Hi all,

 

I have had a LLoyds tsb credit card for sometime, but have fallen into financial difficulty.

I have been making reduced payments through CCCS for the last 6-7 months.

Arrears have built up on this account and i have now received a default notice.

 

The link for the default notice is below:-

 

http://s740.photobucket.com/albums/x...yds%20default/

 

The above link also includes the credit card agreement which was received with a new updated card.

I believe this was in may 07.

 

Can anyone advise me as to the eligibility of the agreement and/or the default notice?

 

many thanks for any help/advice.

 

Ricky

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As june 11th was a friday, by law, what day should i have received the letter and have to reply by?

(14 days after receiving it?)

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re above the link, see 'service of documents'. unless there is 'proof to the contrary' then these rules re service would apply.

yes, i believe it has to be 14 clear days after receipt.

Edited by Ford
typo

IMO

:-):rant:

 

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I would be grateful if i could have clarification on this default notice, as i cant make out if the payment date is 1 day too late.

 

The letter is dated June 11th (Friday)

 

Then do you add +2 days of service (Monday & Tuesday)

 

Then 14 clear days or remedy (1st day Wed 16th - 14th day Tue 29th)

 

So did i have until Tue 29th or is it the day after Wed 30th??

 

The answer will have a huge difference on my next move.

 

Many thanks for any replies

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Hi all,

 

I would be grateful if i could have clarification on a default notice i have received, as i cant make out if the payment date is 1 day too late.

 

The letter is dated June 11th (Friday)

 

Then do you add +2 days of service (Monday & Tuesday)

 

Then 14 clear days for remedy (1st day Wed 16th - 14th day Tue 29th)

 

So did i have until Tue 29th or is it the day after Wed 30th??

 

The letter payment date is Tue 29th

 

The answer will have a huge difference on my next move.

 

Many thanks for any replies

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rb

 

imo, unless they can 'prove' what day you received the dn, (or you can prove when it was received) then the 'service' rules would apply. ;)

if they say it was sent first class, then they would have to 'prove' this (eg with an affidavit as per the link). if they can't, then it would be deemed second class 'service'.


IMO

:-):rant:

 

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If it was posted first class it would be the 29th.

 

What was the postage and did it say payment by or before the 29th?


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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It was posted 1st class and they have put "by 29th June".

 

Will they be able to prove it was 1st class?

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What was the postage on the envelope?


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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All they would have to do is sign an affidavit that it was posted 1st class, they've allowed exactly 14 days and personally I think it would be a risk challenging it.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Thanks for the reply cerberusalert,

 

It might be possible for me to get help from a family member on this debt.

 

It is £12k on a Lloyds credit card.

I was thinking of offering a F&F,

any idea on the best starting point,

what settlement might i hope to achieve?

 

The default amount is just over £500,

i was making payments of just over £100 through cccs before this default notice.

 

The cca is after april 07.

 

thanks again

 

Ricky

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Hi,

 

I have received the attached letter from Lowell concerning a Lloyds credit card debt.

Is this a genuine PAP letter or Lowell fishing for information.

Also sent with this letter is a 3 page reply form with the usual boxes in a PAP letter.

 

I don't believe the debt is SB, but i have asked previously for the Original agreement from a previous DCA which was not sent to me.

Should i be filling in the PAP asking for all details of the debt?

For more information the debt is for over £8000 and is about 18 years old.

It was bought by Lowell within the last year.

 

thanks in advance for any advice given.

 

ricky

Edited by dx100uk
spacing

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so when did you last pay anyting towrds this debt if you say it isnt SB but is 18 years old?

have you received correct statements every year for the past 18 years?

What about charges and interest after the default date?

 

the letter would pass as a PAP if all of the correct things had been done previously.

 

Have you asked for a copy of the credit agreement yet?

being pre 2007 they wont be able to get a copy and that will severely limit their actions so CCA request pronto.

If you have sent one in previously let them know that you are awaiting a response and they cant enforce via the courts until the CCA request is properly fulfilled.

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Hi,

 

I have received the attached letter from Lowell concerning a Lloyds credit card debt.

Is this a genuine PAP letter or Lowell fishing for information. Also sent with this letter is a 3 page reply form with the usual boxes in a PAP letter.

I don't believe the debt is SB, but i have asked previously for the Original agreement from a previous DCA which was not sent to me.

Should i be filling in the PAP asking for all details of the debt?

For more information the debt is for over £8000 and is about 18 years old. It was bought by Lowell within the last year.

 

thanks in advance for any advice given.

 

ricky

 

It would be helpful if you would post up the document in PDF format – multipage single file, the right way up, in the right order and in the way that you yourself would like to receive them if you were being asked for help by someone else.

 

Thanks

  • Confused 1

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My apologies to anybody who has given advice so far.

I wasn't aware the documents were round the wrong way.

When i converted them from pdf to jpg to edit them in paint they were the right way up.

They were also the right way up when i uploaded them to cag as i checked them, so i'm not sure what has gone wrong.

I have to go to work now, but i will correct this when i wake up tomorrow.

I will also correct the other requests from BankFodder.

 

I have not sent a CCA request to Lowell yet (i will do tomorrow),

i sent a CCA request to a DCA working on behalf of Lloyds who didn't send me the agreement.

 

I believe the debt defaulted at least 10 years ago now and some payments were paid after that.

I don't believe i have made any payments for about 6 years now.

 

I will check these details tomorrow when i wake up and report back on this thread.

I am sorry again for the poor attachments and thank you for still replying with helpful advice.

Edited by dx100uk
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Thank you


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its not you its cag rotating everything...

 

as for the pap letter

we don't need to see it

it will be the same as the link in post 15

we know what they look like

 

go find out the last payment date

no harm in ringing Lloyds and asking them.

 

if it turns out to be SB'd

simply use our SB letter in the debt collection section of our library

 

fill out the attachment in post 4 of that linked thread in post 15

you dispute the debt because - it is statute barred

staple that to the reply form.

not need to ask for any paperwork etc

leave the rest of the reply form blank.

 

don't sign it PC print your name...

 

..job done.

 

I've merged an old thread too with past history for you

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I have gone back over my paperwork and found out the last payment was 6/7/2016 for £40.

 

The debt passed through a few DCA's but still owned by Lloyd's and i don't have statements for every year but might have received them.

 

I had a statement in May 2018 before Lloyds sold the debt to Lowells in July 2018.

I don't believe i have received any charges or interest after the default back in 2010.

 

I have found the original default as linked in this thread by Dx (many thanks for the research Dx).

 

I asked for a copy of the CCA in May 2017.

This was sent to Robinson Way who were the DCA at the time.

 

I had a reply with a Halifax letterhead and addressed from Lloyds banking group.

It said that they are unable to provide documentation.

I can post this up if needed.

 

I was told by Robinson Way that the account was placed on hold until the cca was found.

The debt then went to another dca before being sold.

 

I have now sorted out the letter from Lowell as requested and have attached it to this post.

 

Do i now send a new CCA to Lowell and fill in the form asking for other relevant information to help my case?

thanks

Lowell pap.pdf

Edited by dx100uk
spacing

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if you didn't get a CCA back before why the BEEP did you continue paying?

hold that CCA/PAP reply form for now

lets get a few ducks inline first as your story has holes in it that need sorting first.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Dx, the last payment was July 16 and the cca request was May 17. I haven't paid anything since asking for the cca.

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ok yes sorry

 

so post 15 link then.

 

attach a new CCA request to it with a £1PO

 

in the I dispute the debt bit

enter

 

prior to being sold to a debt buyer the original creditor sent me a letter informing me the debt was unenforceable [attached]

 

use our reply form in post 4 of that thread

leave the rest as is inc requesting all docs etc.

 

post it to Lowell solicitors [or the return address on the pap letter]

 

so

pap reply form

CCA request+£1PO

Halifax letter regarding unenforceable.

 

job done


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Great Dx, thanks for the advice and will send that tomorrow. I will update on any future correspondence.

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