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    • So I just found a couple abandoned traffic cones locally by some bins.   A bit squished but free!  So have placed them on the land.  Will wait to see if the cones get moved and signs ignored again this week before I consider rocks/ boulders.
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later the your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. So if you subtract the time you took to drive from the entrance. look for a parking place and park in it perhaps having to manoeuvre a couple of times to fit within the lines and then unload the children followed by reloading the children getting seat belts on etc before driving to the exit stopping for cars, pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (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 does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
    • New version after LFI's superb analysis of the contract. Sorry, but you need to redo the numbering of the paras and of the exhibits in the right order after all the damage I've caused! Defendant's WS - version 4.pdf
    • Hi  no nothing yet. Hope it stays that way 😬
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Global Debt Recovery Ltd


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  • 8 months later...
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  • 2 months later...

First I'd like to thank everyone who has contributed to this thread. I was unlucky enough to receive a letter from Global Debt Recovery Ltd, and made the huge mistake of phoning the company.

 

First off, I was curious, as the letter gave very few details, as others have written on this thread. It gave an account number, and asked that I contact them. It turned out that they were chasing money from an old Lloyds bank account from 1996. The man on the phone was the rudest person I have ever had the misfortune to speak to. He reduced my wife to tears, insinuated that I was opening bank accounts without my wife's knowledge, called her stupid, told her to shut up, and threatened me with the police.

 

I have to marvel at his manner on the phone. I like to think of myself as pretty switched on with the ways of the world, but this obnoxious prat gives you no time to think when speaking on the phone. I mean, I know that the police would never get involved in a civil debt case, but for a second there, I panicked.

 

Anyway, after several phone calls from the dickhead at Global, I actually went to speak with a guy from Lloyds/TSB. I showed him the letter, and his advice was to ignore it. He told me of this firm, and that it buys old account details, and tries to bully people into giving them money.

 

Afterward, I went home, and found this site via the marvels of Google. I'm so glad I'm not alone, and there are many people willing to help with this matter. After reading up on this thread, I have sent a Statute Barred letter to Global, made a complaint to the right people, and I'm thinking of notifying the police.

 

Yesterday I was frightened. Today, I'm spoiling for a scrap.

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  • 4 months later...

I have also had a letter demanding a payment. Account number and ref number. But no idea who I owe or how much. I tried to phone the number to get the details but they wanted my cc number and it was an automated response thingy so I was no nearer finding out. Then I tried the internet with the same result.

 

So I have sent them an email stating I do not owe anybody any money and consider the letter a [problem]. Hopefully they will now tell me who and what I am supposed to owe. I suspect when my email addy was hacked they used the info to buy something on a buy now pay later style thing. And I get the bill but not the item.

 

Really worried about this as money is so tight. My husband is not well so I have kept quiet.

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whitton..... Do not phone them, secondly never give them any details i.e date of birth, N.I number or full name and address, if this is an old debt over 6 years its statue barred, but if you give them any info confirming who you are they have another 6 years to chase you. If its a new debt that you do not know about, they must give you confirmation to what the debt is, from whom.... others much wiser then me will belong to help you on here shortly, and you will get good advice.

Of course prostitutes have baby's, Where do you think DCA staff come from...............

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whitton..... Do not phone them, secondly never give them any details i.e date of birth, N.I number or full name and address, if this is an old debt over 6 years its statue barred, but if you give them any info confirming who you are they have another 6 years to chase you. If its a new debt that you do not know about, they must give you confirmation to what the debt is, from whom.... others much wiser then me will belong to help you on here shortly, and you will get good advice.

 

 

 

As far as I know, once a debt is "statute barred" it cannot be resurrected - under any circumstances. Being "statute barred" is a total defence in itself.

 

 

Impecunious! :-)

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you might be correct, I was once informed that if they get an admission out of you confirming that its your debt, then they have another six years to chase you for the money, Like I said before better people will be a long to give you better advice then I can......

Of course prostitutes have baby's, Where do you think DCA staff come from...............

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  • 5 months later...

Let me introduce myself, I am a qualified forensic accountant (retired from active practice). The term forensic simply means that I have specialist qualifications in law. There are two points of law that need to be covered here, Privity of Contract and statute of limitations. Lets look at privity first. Any loan be it a revolving account or an actual fixed term loan is covered by several statutes including the law of contract.

For our purposes the law of contract will do nicely. A contract must contain certain elements to be valid and there are two types of contract. One is called a simple contract and the other is a deed. The difference is that a simple contract must contain an element of valuable consideration e.g. money. A deed does not, such as in a deed of gift, and must be under what is known as seal (it used to be required that this be a wax seal usually impressed, later it became customary to use a red stick on label later still it only needed to be stated that it was under seal.

For our purposes it is only necessary to know that a simple contract must be formed between at least two people and that assignment of the rights to enforce that contract must be with the written consent of all original parties. In other words someone can attempt to sell their rights on but without consent of the other party it is worthless. Only the original parties can enforce the rights; assignment would create a separate and new contract. One of the elements required for a contract is reality of consent, if this has not been given then there is no contract, full stop! The thing that has to be determined is if the person has bought the rights of one of the parties to the contract, in which case they have no rights until the other party or parties consent. On the other hand if they have been legaly appointed agent for one of the parties then they can act on their behalf, it is important to determine who the creditor actually is.

Remember it would be a fraud if the person making the demands says they are acting as agent for the original creditor, but have in fact bought the debt. Force the original creditor to state that the person making the demand is in fact their agent. If this proves to be untrue, and they have sold it on then they commit fraud. A point to remember is that in the case of a debt going to court, this must be instigated by the original creditor or their legal representative.

Always take an active intrest, I have seen cases being taken to court by people who do not have an actual right in the debt, and because it is not defended, won by the plaintiff (person or firm bringing the action) simply by default. The defendant has not bothered to defend, a court can not rule on your rights if you do not take the trouble to let them know the facts in some sort of defence. This right of the original parties in a contract is what is called privity of contract.

The second thing that concerns us is the statute of limitations. There seems to be some confusion on this. Basically it is six years from the last demand for payment. The onus would be on the plaintiff (the original creditor) to show that this demand was actually made. There can not, as some people have been told, be a renewal of the statute, it is absolute and can not be revived. However there is an exception to this statute, and this is if any form of criminality is involved on the part of the debtor. (If the original contract is found to be flawed by criminality or fraud on the part of the creditor this voids the contract in any case)

As for proforma letters those on this site will do nicely. After you have won your point by having them back off or simply not wanting to play any more, do not leave it there. The reason why the various government funded consumer affairs are either not interested or have had their wings clipped (the DTI will tell you that they do not act in individual cases) is that politicians want to be seen to be doing something without actually doing so. Generally the post of ombudsman is given to someone who will simply fill a position until they can retire on a large stipend and then take up non executive directorships with those that they have supposed to have protecting you from. Most chief constables are politically minded self serving seat warmers. If fraudulent ****-bags prosper it is because ordinary people let them. Do not leave it there, write to your MP (you will find them on the parliamentary web sites) requiring them to direct questions to the relevant minister. Complain about the toothless DTI and local departments of fair trading (who incidentally quite often suffer from having half their staff off on maternity leave or long term stress related illness). If anyone attempts to claim money that they know they do not have a right to it is called fraud. If any kind of threat is involved or you feel intimidated (including threats to go to court or to involve the police or bailiffs where there is no justifiable reason) this is not just fraud, it is intimidation. Both are a criminal offence. Report the matter to your local chief constable, make him work for his very handsome salary and pension rights. You will not get any action from Politicians who are mostly fraudulent themselves (expenses scandal, amongst other offences against the criminal code) unless you are prepared to force them to it. And you will not get any action from the police until they are made to realise that policing is not about midnight raids to terrify innocent children over something that could have been dealt with on summons, and neither does it involve lots of breaking down of doors screaming like hysterical teenagers, “armed police”. You will get the kind of government you deserve unless you are prepared to add your own straw to the camel's back.

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  • 2 months later...
And anyone else had dealings with this shower. Have looked at most of the threads but cant find FV-1 or Global debt recovery. So maybe we can all come together on this one . x

 

I have just started my relationship with GDR and Tower Investigation, what a horrible man, they made demands for a llyds tsb debt back to 1991 (yes 1991) £1000 they claim a ccj is attached but I've just done online searches on my addresses but can't find any, just done the letters one for statue barred and the other for proof of documentation and enclosed £1.00 He's of on holiday to southern Italy this month, he had time to tell me that. Don't be intimidated by this company or man, he told me its not up to them to prove I owe the money it's up to me to prove I didn't, at no pint did I deny or acknowledge. I think if you just follow the guides you are given by these forums as I have and it should all be good, he will try to intimidate you, so do not enter into any telephone calls, HE IS A GRUBBY LITTLE DEBT COLLECTER. They buy debts at a fraction of the value of the debt. I know I should not have got into debt but they know NOTHING of my circumstances, I aim to stand firm. Good luck with yours. Graham

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I have just started my relationship with GDR and Tower Investigation, what a horrible man, they made demands for a llyds tsb debt back to 1991 (yes 1991) £1000 they claim a ccj is attached but I've just done online searches on my addresses but can't find any, just done the letters one for statue barred and the other for proof of documentation and enclosed £1.00 He's of on holiday to southern Italy this month, he had time to tell me that. Don't be intimidated by this company or man, he told me its not up to them to prove I owe the money it's up to me to prove I didn't, at no pint did I deny or acknowledge. I think if you just follow the guides you are given by these forums as I have and it should all be good, he will try to intimidate you, so do not enter into any telephone calls, HE IS A GRUBBY LITTLE DEBT COLLECTER. They buy debts at a fraction of the value of the debt. I know I should not have got into debt but they know NOTHING of my circumstances, I aim to stand firm. Good luck with yours. Graham

 

A CCJ doesn't become SB, but unless they enforce it within six years they will have to apply to a court for permission to do so however;

 

Section 24 of the Limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

For this reason alone, cc judges would not normally allow enforcement.

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