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    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • 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.
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Hitachi capital finance / Lowell


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CAG  spell checker here I expect poked its nose it..

well without a default notice Lowell wont be going any whare near a court then...:lol:

 

as already explained if you read your thread from post 1 again

they don't have to default the debt upon sale or earlier but typically do

probably appear once lowells entry pops up there soon I expect.

 

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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The agreement has been assigned and the amount wrote to zero therefore the account has been terminated.The fact that they have not registered a default is in your favour in one way.,the lack of default notice and more so the lack of Notice of sums in Arrears prevents the creditor from charging any interest or even enforcing the debt through court,  but it does not mean they have not defaulted you internally on their own systems...only D SAR could reveal this information.

 

Section 11 of the CCA 2006 amends the CCA 1974 - 86D - that sets out the consequences for a creditor if he fails to notify as required by sections 86B or 86C.

If the creditor fails to provide a notice when required to do so, then throughout the period of his failure (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement.

In addition, the debtor or hirer is not liable to pay any interest that relates to the period of the creditor or owner’s failure,

 

Andy

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issue here is the continued AP markers......

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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Even bigger issue is when Lowell submit the claim form...better to be prepared.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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dsar is an sar<< clickme

 

lowells wont have anything bar a single line in a spreadsheet.

 

good theres no AP then

stopping payment sorted that issue then.

 

 

 

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

Yes DX, but my whole aim was to get Hitachi to default me , because once i set up payment arrangements after default , AP markers won’t be recorded.

 

They just record the payments on the CRA and reduce the balance each month ( the same that Cabot have done with me for the last two years with another debt ) 

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if ap markers are not being reported you don't want nor need a default.

the only benefit of a default is to eventually get the AP markers removed when it hits its 6th birthday or get the defaulted date moved to the third AP marker as some do.

 

start another thread for the cabot 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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Share on other sites

who says you have to pay lowells anything?

 

I doubt they'd mark it as AP anyhow.

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

who says!! throw the morality card out the window

why did hitachi sell the debt on for 10p=£1

why didn't they take you to court and crush you??

something is wrong..

 

have you had a letter of claim from lowells solicitors yet?

have you sent a CCA request? [if not don't yet]

 

 

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

30 minutes ago, yesilgozlerim said:

i’ve a £4333 debt so i will have to pay it off somehow 

Er more than likely probably not,

 

Of my 50 k of unsecured consumer debt, that I completely ignored, 45 k went statute barred years ago and long gone from my credit files. 5 K that I had to repay were back door CCJ's that if I'd have paid attention to this forum, I never would have had to pay back either.

We could do with some help from you.

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They only brought the debt at the end of June.

I haven’t made any payments to Lowell.

 

This letter i received yesterday from lowell was a ‘ Pre Legal Assessment ‘ stating that they may take legal action to recover the debt if i do not contact them to arrange a repayment plan!

and no CCA request yet 

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good well sit on your hands then!!

 

 

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 just shredded a ream of DCA letters from the last 10 years saying they 'may' take legal action, and never did.

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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  • 8 months later...

Hello,

I haven't posted for a while and can't find my old posts.

I had debt with Hitachi Capital Finance that they never defaulted and never marked my credit files with a default.

 

They sold it to Lowell who threatened me with a CCJ but I haven't heard a single thing from Lowell or Anyone else since December. It's now May!

 

I think that Lowell passed it back to Hitachi as they knew they couldn't get a CCJ from an undefaulted  account  

 

I'm now  at the stage where I want to know what's happening but if i send SAR to both Lowell, and Hitachi, will it wake either of them up ?

 

To clarify, i'm wanting to set up a dmp but i didn't hear from anyone after the CCJ threat . 

 

What should I do ?

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merged your thread again like last time.

 

I suggest you go re -read your thread now from post 1 now.

not sure why you keep wanting to give a DCA free money mind?

 

 

 

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

Best not to prod Lowlifes at the moment, they might have left it alone as they could unstuck with a defended claim for whatever reason.

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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