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    • OK.  So you lent your car to a friend in 2019 and he racked up three parking tickets that he tells you he didn't know anything about(!).  You were the registered keeper (RK) at the time at your family address, but you got chucked out and could not change your RK address with DVLA because you were homeless.  You knew nothing about the parking tickets and enforcement action until you got a bailiffs' letter passed on to you.  You made an Out of Time (OOT) application in respect of one PCN but Birmingham CC objected to it and the traffic court rejected your application.  A solicitor helped you make OOTs in respect of the other two PCNs but you don't yet know the outcome of those two applications.   Is that the situation you are in?   dx100uk thinks you can resubmit the application saying your friend was the driver.  I don't think saying that will help as the driver is irrelevant.  It's the owner who is liable to pay the charge and that is the RK (unless the RK is a car hire firm).  I assume you are not a car hire firm so you are stuck with the liability, not the driver.   Whether you actually can resubmit an OOT once one has been rejected I do not know, but why not try.  What did the solicitor put on the applications they helped you with?  Did you not ask their advice about the rejected application while you were with them?  I think you would have to say something to the effect that you never received any paperwork in relation to the PCNs because you had been chucked out of your home and because you were homeless you did not update your address at DVLA.  That is the truth isn't it?  You don't want to lie on the application.   To me that's a good reason for you not doing anything about the PCNs, but I suspect that Birmingham CC will object again and that the traffic court will reject again.  And, as I said above, I don't even know if you can submit a second OOT application in respect of a PCN if the first has been rejected.   So it looks to me like you might be a bit stuck.   Unless dx100uk, or spaceman61, or another poster with expertise in local authority PCNs comes along I'm not sure what you do.   If you get no more helpful suggestions here you could try on National Consumer Service.  If you do go there, do not register with a hotmail address.  You will also need to provide them with a timeline of everything for all the documents you actually have, and you will need all the facts and dates etc at your fingertips.  And make sure they are accurate.   http://forums.National Consumer Service.com/index.php?showforum=30   And get your friend to contribute to paying off the PCNs.  Do you believe he really knew nothing about them?
    • To enjoy the protection offered by s.75 CCA 1974 for a credit card payment, you must pay over £100 and under £30,000 for the goods or service (even if part payment for a larger total amount).
    • Hi Charlie and welcome to CAG   As an Executor, you have a duty to insure the property and tell the currect insurer of the passing of the deceased.   Most insurers will refuse normal contents cover on a house left unoccupied beyond 60 days. So, unoccupied, the home will not be insured against break-in damage, theft, flood, accidental damage, etc.   You may be able to obtain FLEE insurance covering only Fire, Lightening, Explosion and Earthquake. It may cost more than usual contents cover  because the home is unoccupied, even though the level/amount of cover is less than for an occupied home.   As said here already, an Executor would be wise (or indeed have a duty) to remove valuables from the home if you have somewhere safer to store them pending Probate, distribution, sale, etc.   I hope if you can explain the insurance risks to YB and assure him that you are not taking items just for your own benefit, he may see sense.   Please keep us updated ............
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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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Hi guys,

 

In 2015 I got myself into a pickle, I had an overdraft that just kept building up until it reached £1500.

I couldn't afford to pay it, I was  a student at the time and spent the next few years in and out of work.

So here I am in 2019 wanting to clear some of this stuff up.

 

I'm not sure exactly when I defaulted but I hadn't responded to notices from the DCA's.

However I've received a letter last week from Robison Way saying that they're deciding whether to send someone to the house and I wanted to save them the hassle by paying a monthly repayment. 

 

I'm just confused as how to start and if it's going to open a can of worms? I

don't believe I have a CCJ as my Experian/Callcredit (noddle) shows no debts but I'm going to check experian this week.

 

By me making payments will this avoid any CCJ action in the future?

 

Thanks for reading.

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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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Hi there,

 

I meant I wouldn't want it to escalate to possibly getting a CCJ and I'm wondering if it's even worth responding or paying repayments just to avoid any hassle.

 

As mentioned all my credit reports are clear just waiting on Equifax

 

Thanks.

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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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Hey,

 

Received a letter from Robison Way on the 14/08 for collection of Santander bank which is now £1500.

No record on any report but guessing it's on Equifax being the one I've not checked.

 

The letter says they need to contact me to discuss how to work out to find an affordable payment plan and that the account is now with the reconnection team who will begin to review my case to determine if a visit may help reconnect with them (I liked their use of a mild threat with 'reconnecting us')

-

Nothing would have been paid/written by me for at least 4 years and if it is a default it may even be older than 2015.

 

Thanks again

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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... 

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If you don't update you're address in writing, each time you move you are playing Backdoor CCJ Roulette. I wouldn't worry about some idiot from a DCA knocking at your door, but I would write with my current address, immediately , today.

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

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Thank you.

I updated the electoral roll as soon as I moved to my current address.

And the DCA have been sending the letters here, so by writing my current address who would I be sending this too?

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Whoever is sending you letters, Robinson way. There should be an address on there. Use free proof of posting available from the Post Office, make sure you keep the receipt.

 

Just need to put, your account number and name, and ' I have now changed address to xxy etc'

 

Do not under any circumstances call or email them.

  • Like 1

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

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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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Thank you for the help.

 

I admit this is where I get a little confused, so even though they have my new address I still send them it as 'proof'

is there anything I need incase it comes back in future or is proof of postage usually enough?

 

Does this usually give them more reason to hassle you?

 

And I'm guessing because I've not acknowledged anything aside from my new address nothing has changed?

 

 It says 'HFUKH2HL' which I'm reading is Hoist. I'll get letters sent out.

 

Thank thanks once again.

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Crazy as it sounds, a judge would see your lack of communication as evidence of you trying to avoid your debts therefore you would have no grounds to set aside any backdoor CCJ.  

 

That's why you need to keep them informed

Edited by London1971
  • Like 1

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

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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... 

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Share on other sites

I'd agree, this is why I wanted to start to pay at least something to keep them from going there.

 

So it's then worth me updating my new address regardless?

But wouldn't they then send a court claim so wouldn't it be best to offer something to pay, or isn't that how they work?

 

So what would be my best move here?

 

Thank you once again

 

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  • 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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Thank you.

I'm still awaiting access to Equifax, the other 2 CRA are clear then I'll be able to see some dates hopefully.

I

've been frantically reading the forum this morning and finding it all very interesting, and the amount of profit these guys make must be crazy. £1 for my debts? Dear Lord.

 

I'm sure it wouldn't have been over 6 years years yet.

 

I'll continue my reading and wait for my Equifax report.

 

But in the mean time you're saying I shouldn't make a move yet or send anything?

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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... 

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Ok, thanks. So send that letter mentioned above about my new address. And just having proof of postage is enough to 'hopefully' defend somewhat against any backdoor CCJ, as you put it?

 

From your experience do you usually find updating the DCA's makes them rub their hands together or do they by now know that this is done to stop them from the backdoor tactics?

 

*Equifax need to verify me before I access my files.

Edited by Ohhimark
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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... 

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My logic was that if they decided to go for a 'backdoor CCJ' I'd have had proof I sent them a change of address. Which is what I was asking, is that receipt of postage enough if I later found out 2 months down the line by looking on Experian I had a CCJ but I did in fact inform them of an address change.

 

I'm getting the letter sorted now.

 

I'm guessing they're sending letters to the new address because it's the only way they'll make some money if I decided to pay (hopefully for them) but sneakily sending letters to the old address as a failsafe for a CCJ..

 

Cheers

Edited by Ohhimark
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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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Thank you once again! I'll get this done ASAP.

 

One last thing, you said it's better to be in this position when you can defend yourself. After they receive this from me shall I expect to get an onslaught of communication as I'm guessing they'll feel this is me acknowledging them somewhat?

 

/Back to reading the stickies.

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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... 

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Brilliant, thanks. Is it ever worth saving time in the event they did want to send a claim through by asking the original creditor for the SAR? Rather than doing it within the 30 days or am I jumping the gun?

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