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    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
    • Thanks, I am worried because on the citizenship application they ask if I received warning, I am not sure if TFL warning this the same police warning or not?? 
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HSBC Loan Cabot chasing 6yr+ Default.


KP44UK
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Hi All,
In 2011 I took out a loan with HSBC whilst at Uni. In 2014 I unfortunately defaulted. It went into HSBC collections and the debt now at c5k was then sold into Cabot Financial, who have now offered 50% f&f settlement. I have been making notional payments and the debt has fallen off my credit record last year.


Please could you help with the following please :

1. Should I take the offer up to pay the £2.5k:
2. I have read that before making a payment I should ask for a CCA, if I do will this affect the offer if Cabot produce the agreement.
3. Are mortgage lenders still able to see this past hardship once it off my credit file
4. how would yous handle this sort of scenario.
The debt is from my Uni days and trying to clean it up but the damage is done and my wife who has a clean credit file is not amused as we have saved up for a mortgage deposit.

 

bit of a mouthful but thanks in advance.
 

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1. no!!

2.yes cca them! looks like you've been cash cowed for years and by paying all you've done is run the SB date to infinity.

3.no

4.cca ans when they fail the 12+2 working days deadline stop paying.

 

you don't need to 'clean-up' anything, once adebt is defaulted on the 6th b'day of the defaulted A/C it vanishes from your credit file, paid or not, paying or not, makes no odds, and it can never return. doesn't mean it's not owed mind. thats down to the CCA being enforceable.

 

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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Thanks DX 

I will certainly do as advised, i just wish i came here earlier the amount would have been SB'd. I will keep the forum posted as I progress this.

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  • Andyorch changed the title to HSBC Loan Cabot chasing 6yr+ Default.
  • 1 month later...

Just A follow on from this, I have been contacted by Cabot saying they don't have the information I have requested and will get in touch with the original lender. they have also said they would update me in another 12 days.

What should my next course of action be?.... i.e after 12+2 days.

 

Many thanks!!

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stop paying anyone that fails 12+2 working days.

 

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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thanks dx as always!! ,

 

I will cancel next DD payment. 

Would there be a risk of CCJ as I have been making payments and as you may have mentioned before I have sent the SB'date to the moon. I have read something about an extra 40 day limit. 

 

 

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Until or unless they find enforceable paperwork theyll go nowhere near a courtroom door and so what if they do.

 

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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  • 2 weeks later...

Just an update on this, I have received a letter from the aforementioned DCA that they are processing the CCA request and that until they provide the information the account is unenforceable. Goes without saying the letter seems to have been backdated not sure it takes 6 days for a letter to arrive.

 

What should be the next steps going forward?

 

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1 hour ago, KP44UK said:

What should be the next steps going forward?

 

Wait until you hear back from Cabot.

 

If they supply any paperwork, scan in, remove all your personal identifiers and upload.

 

Stigman

 

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Thanks Stigman,

 

I will hang fire and wait for their next move.

I have been doing some research and gather that the wait can take a long time in some cases. So moving forwards at say the end of the year would I be able to apply for a mortgage without this hanging over that process.

I read on another forum someone being advised to offer 5% to get the DCA to close their pursuit.

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oh what and reset the SB clock...good advice there then...:pound: thats why we don't let DCA scammers be members here unlike certain other forums...:crazy:

 

if this debt and others are not on your credit file and your score is good

you can get a mortgage tomorrow

 

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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Got it, thanks DX

 

I will carry on with life and let the DCA have a rummage for the CCA and make sure I upload whatever they send on here for validation. 

Cheers! I will keep you posted.

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  • 3 months later...

Open

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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Thanks DX,

 

Just an update on the CCA request

 

Cabot have come back to me with no reference to the text in the CCA request.

They have sent what looks like a statement of account.

I don't believe it meets the CCA document test.

 

My first thought was to not reply and await a CCA but hoping to hear other views.

 

cabot pdf.pdf

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bogroll

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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  • 3 weeks later...

I have had correspondence from the DCA and they have provided what looks like a CCA and confirmed the debt is now enforceable. what should I do now? I know they missed their 12+2 but that does not mean anything once they provide the CCA.

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Its irrelevant once the agreement has been provided...whether its legally valid or enforceable is another matter which really only comes into play if you ever get served a court claim for the debt .

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 The National Consumer Service

 

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

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If its already fell off your credit file...cant really jeopardise a mortgage application...only if they litigated successfully would a CCJ show for a further 6 years,

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 The National Consumer Service

 

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

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per i would not give them a penny. go re -read your thread from post 1

 

let them wriggle

don't forget they also have to abide by the pre action protocol now and send a letter of claim giving you 30 days to respond (by our guidance!!)

 

they havent.

 

you post yesterday they have said the CCA is enforceable, just to check, they've not sent anything more since that last bogroll have they?

 

 

 

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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why do we want to see a rotated scamming letter?

who has said this CCA IS enforceable???

we've not seen any of it??

 

 

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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that is not an even agreement mildly compliant under the CCA IMHO. total pants no wonder they sold it!!  missing numerous points under prescribed terms.

 

 

 

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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