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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (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; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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robbersway letter re old santander OD debt - shall i Start repayments after 4+ years of no contact?


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what are you mad...

 

a dca is not a bailiff

and has

ZERO legal powers on any debt.

 

 

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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Full history please

a doorstepper is powerless...

 

 

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

have you moved since you last paid this an never updated satans bank upon you new address or since its been sold to hoist?

 

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... 

Link to post
Share on other sites

can we check who robbersway state is their client please??

if its hoist then you need to write as the debt has been sold to a DCA backdoor CCJ dangers here

as you should with any other debts outstanding that you paid or last used within the last 7 yrs say.

 

just because you are on the electoral roll doesn't prevent legal action to an old address if the debts been sold on

its how DCA's get 99% of CCJ, 1st you'll know is the court bailiff at your door or refusal for credit 

  • Like 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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Share on other sites

nothing to be confused about

they don't have your new address

they've sent a phishing letter to see if you'll respond

if you don't they'll issue a letter of claim to the last address you let the original creditor know about

them 30 days later will raise a court claim and win by default.

 

 

  • Like 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... 

Link to post
Share on other sites

  • dx100uk changed the title to robbersway letter re old santander OD debt - shall i Start repayments after 4+ years of no contact?

your best move here is to get reading up on CAG 

no don't start payments no .. you'll reset the sb date when p'haps nothing is owed at all or nothing they'd successfully litigate over.

 

bank OD debts are notoriously difficult to secure a CCJ on if defended properly as they in most cases generally consist of penalty charges for breaking some limit or other rule and the associated interest these attract, and the authorities are down on record as stating such charges are unlawful etc etc.

 

the debt buyer [hoistuk] paid about 10p=£1 for the debt bit will ofcourse chase the whole sum hoping to find a mug that pays!!

or as in your case send 1 letter to the current cra file address then be smiling when they don't get a response as they know they'll get a default backdoor CCJ for that full amount [tidy profit here -even bigger smile] because no human ever checks anything its all automictic.

 

some 750'000 CCJ's are issued every year.. 85% are successful because they are backdoor.

 

paying a dca does not stop them doing court, 

 

as this debt is not showing i'm wondering if your dates could be slightly wrong and in fact the OD was defaulted more than 6yrs ago so would now not show on your file anyway?

 

 

  • Like 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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Share on other sites

just type no need to hit quote.

makes a topic twice as long

 

no you must reply 

and do the same for any other debts that meet into post 11

 

all credit files are free online

not sure why you are having to wait???

 

  • Like 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... 

Link to post
Share on other sites

you cant defend against a backdoor ccj..you don't know about it happening 

think about it......

 

which would you prefer...one you cant defend against

or one that MIGHT happen on a debt they will probably fail to win on....IF IF IF they ever did issue a claim....

 

don't get your logic….

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... 

Link to post
Share on other sites

they cant go for a backdoor ccj once they have your new address details...

pop is good enough, you don't have to prove you sent it but yes that's what we recommend...

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

no you are simply informing them [and the others id you need too]

of an address change.

 

they and any other debt/dca would now have to abide by the PAP rules

and send you a letter of claim giving 30 days.

that they might be thinking about a court claim.

you ignore everything else until/unless you get a PAP LOC

 

where as before you'd get nothing

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... 

Link to post
Share on other sites

there is no signed agreement on OD's.

 

  • Like 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... 

Link to post
Share on other sites

you cant CCA an OD its not credit covered by the act.

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... 

Link to post
Share on other sites

and what is the point of a prove it letter..NONE! 

 simply invites letter tennis.

 

the next move, after you inform them and any others that own debts you might have paid within say the last 7yrs, of your correct address, is not yours.

  • Like 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... 

Link to post
Share on other sites

no harm in ringing the OC and asking last payment date

  • Like 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... 

Link to post
Share on other sites

oc's are quite safe to call

its DCA's you never use the phone with.

 

if satans bank say they cant give you the info.

 

the 

prevention of fraud act

and

the data protection act

 

both clearly state they MUST hold information for atleast 6yrs.

 

so you either want them to

 

1: confirm any info they have is over 6yrd old

or

2, the last payment date

 

should they refuse to confirm either 1 or 2 above

then state you will be straight onto the ICO following this call to raise a serious complaint against them and be seeking financial compensation.

 

if you need to, ask to speak to a supervisor.

  • Like 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... 

Link to post
Share on other sites

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