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    • Referring back to to your initial post... So not a judgment ?
    • I have never heard of any such law. Please post a link to what you have read online that explains this law. And please confirm whether you were ever married to or in a formal Civil Partnership with your Ex.
    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (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. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
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Capital on Tap - personal guarantee on LTD loan - LTD sold - loan payments stopped


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Hello everyone.

This is my first post.

I've found a lot of valuable information here and would like to ask for help as I'm expecting to be hit with some unpaid debt.

Here's some context:

I've been running a LTD company since 2012.

In 2020, I opened a line of credit with Capital On Tap for £17k.

Currently, there's around £8,500 left to pay.

The LTD company was sold in November with all its assets to a new 100% shareholder. It looks like the new owner will not be making any more payments.

After two missed payments, they will pursue me, as stated in the personal guarantee I signed.

I've moved since opening the account with them.

I'm currently unemployed and don't have a main address, staying with friends.

I don't own any property and my bank account has only a few pennies.

If the payments are not made by the LTD company, what should be my course of action?

I won't be able to receive any letters as the address they have is outdated.

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not a lot they can do......

you sold the company so are not longer a director so the PG is now useless.

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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Thank you very much for your input, dx100uk.

Could you please elaborate a bit more?

I've been having sleepless nights over this issue.

I was under the impression that a personal guarantee (PG) has nothing to do with a limited (LTD) company, and that they would try to recover funds from me personally.

When I created this post, I was seeking guidance on my initial steps for when they begin the process and use their power to obtain the funds from the guarantor.

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  • dx100uk changed the title to Capital on Tap - personal guarantee on LTD loan - LTD sold - loan payments stopped

you are not longer a director or whatever on companies house,  the business was sold (inc all its debts and assets), the PG is no longer enforceable as you signed the PG as a director of the ltd company.

and its really nothing to do with the above, COT have just sold a whole portfolio of these debts to azzurro , there are about 10 here now already.

and anyway, if thats not quite correct, theres stuff all they can do, you've no assets no address, a CCJ (which is all they can do)  would be useless to them. they cant raid bank accounts seize goods etc etc

debt in this country is not illegal and it is not a crime.

forget about it 

sleep easy.

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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