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    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
    • Hi 1983 and welcome to CAG   Bear with us as it gets quieter here over the weekend.   CCA requests will not be appropriate for the bank account overdrafts.   Before further suggestions are made about CCA requests from the creditors, can you give us approx opening dates for each of the 5 CC a/c's and the bank loan a/c.
    • Hi,    I'm new to this forum and hoping for some advice!   I have various overdraft, credit card and loan debts, which are all a bit of a mess:   Barclaycard (2 cards) = £14,000 (1 card suspended, but not in arrears) Lloyds CC= £3,800 Tesco CC = £3700 Natwest CC = £650 Natwest Loan £17,000 Natwest OD = £1,400 Halifax OD = £1,500   Currently, I have not missed any payments, but I'm reaching a point where these debts are becoming unmanageable. I have just about kept up with repayments but now all 0% have ended and minimum payments are increasing making it impossible.    I am considering a debt management plan... Reading through other people's experiences, dmp's seem to have mixed opinions and I'm also unsure if I should use a company like Step Change or Payplan whether I'd do better approaching the various creditors myself.   My wife also has debts, but much less (approx £10k and up to date, but struggling). Is it prudent for us to both start a dmp, or will that effect our long term plans if/when we want to remortgage/move down the line? (i know it'll be 6 years after default before these will disappear from our files).   As it stands, my min payments next month are approaching £1k, which is absurd. What kind of level of min payment would I expect to pay in a dmp?   Also, there seems to be a lot of advice on obtaining CCA's. At what point should I be asking for these, or is this something best left until the debts are inevitably sold on?   Sorry for the multiple questions!   Thanks in advance,   A    
    • No I have not  . . . there are two loans bought by Intrum.  An overdataft debit and a Loan. The Overdraft debit has not been settled.   . . . It is still going and it is in the Simple Procedure Court  . . .  and this is what my post is about The Loan debit has been settled by accepting the dicounted settlement.
    • Thanks for the info. I actually got it wrong, it's not in the tenancy agreement, they were just told verbally when signing for the house so even less of an issue now. The agent did say if they had smart meters installed then the landlord would charge to revert them back to standard meters. I've already told my daughter they have no legal grounds to impose such a charge.
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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
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Athena anpr PCN - overstay - Lidl Car Park, Peel Street, Barnsley.


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Hi,

 

I have received a Civil Parking Charge Notice from Athena ANPR Ltd for exceeding the parking time limit in a Lidl car park in Barnsley.

 

I registered my VRN in the store to validate my stay - I did not realise there was a one hour limit.

 

There are signs around the car park but I did not park near one of them and I did not read them.

The signs were not big enough to be read from a distance.

How do I proceed with this?

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Do not contact Athena for the moment, how long was the overstay?

There should be a minimum 10 minute grace period to allow someone to exit the car park if there is a queue etc to get out to the road, similarly it might take some time to park after entering the car park and being logged by the Mickey Mouse ANPR these muppets tend to use.

 

Others will be along soon, but 1 hour seems a trifle mean and insufficient time to do a proper shop and clear the checkout, load the car and depart.

 

These enter registration number terminals are another issue and are diabolical, as well as causing delays as shoppers rush to enter their reg no, often making mistakes and getting an unenforceable charge for a wrong entry.

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

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Hi Brassnecked,

 

Thanks for your reply.

 

The overstay, according to their notice, was 30 minutes and 9 seconds long.

Some of this time was certainly spent driving round the car park waiting for a space to become available and, as you rightly guessed, there was a queue to leave the car park.

 

I am not in any hurry to contact these muppets so I will see what other advice I get from you guys first.

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Probably best to wait until they send a NTK and avoid risk of identifying the driver

 

can you please complete this:

 

https://www.consumeractiongroup.co.u...-Viewing)-nbsp

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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OOPS wrong link but DX will sort the correct one, could you scan the notice and post it as pdf please

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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try this one

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(3-Viewing)-nbsp

 

go look at the originally granted planning permission on the local councils website

VERY rarely is there anything under 3 hrs free stated.

and no PPC can change that.

 

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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1 Date of the infringement 06/12/2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 10/12/2018

 

3 Date received 12/10/2018

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] No.

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? {y/n?] post up your appeal] No

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company? Athena ANPR Ltd

 

8. Where exactly [carpark name and town] Lidl Car Park, Peel Street, Barnsley.

 

For either option, does it say which appeals body they operate under. IAS

Edited by dx100uk
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First approach should be to Lidl. Letnthem know about how long it took you to shop and get in and out of the car park and let them know that you wish to return all of the goods purchased as paying £100 to collect them wasnt part of the deal explained to you in the store. You will happily hand the stuff over in the presence of the local paper reporter who wants to make a story of this.

 

If they have any sense they will then tell Athena to cancel. have your receipt handy so they can check it against their computer that stores every bit of customer information they can grab.

 

If they dont agree to cancel tell them you wnat the CCTV images of you from the day so you can use it as evidence in the court case Athena will inevitably bring when you refuse to pay their "spending money at lidl" tax.

 

Also chase up the planning permission aspects, I bet Athena doesnt have PP for thei cameras and signs, a criminal offence

Edited by honeybee13
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Hi EB,

 

I am chasing this up with Barnsley MBC. Condition 5 of their planning consent charges Lidl with the development of a final management plan for the car park which must be agreed with the council. Amongst the items to be agreed is the charging regime. That should make interesting reading!

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so waht did LIdl say? the longetr yu leave approaching them the less chance they will do anything as it will appear that you arent really that upset by it all.

 

By all menas mention what you have got on them and try suggesting that you will ask teh council to shut the store due to the breach of planning whilst the whole lot is investigated. However, the CS person you speak to will be very low down in the pile so getting the ticket cancelled may be just about within their powers so save that argument for when you get to talk to someone higher up.

Edited by honeybee13
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I have tried to get in touch with someone at Lidl who can help me, but I seem to be going round in a circle and getting nowhere. I am going back to the store when it is nice and busy, (tomorrow or Saturday should do nicely), to discuss the matter in a loud voice with their manager.

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and read up about all of this. Start off with reading a load of threads about Lidl and them follow to wherever you are lead. Get to understand things so you dont get fobbed off by the first person you speak to.

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