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    • Dont really think that cuts it.. simply the above only covers your set aside reason.   put the you have evidence you informed the original creditor of your current address on xxx ..some xxx months/years before the ccj.   id also drop the embarrass ed defence bit at the end.   what defence are you offering that you dont owe the money? Simply saying the claimant might not have paperwork is immaterial. The ccj trumps that.  
    • ther thing we need to do is identify the land correctly, so state where exactly it was. If you mean the Tesco/aldi car park  then there is a sign at the entrance but that isnt an offer pf a parking contract with charges fro breaching it so maybe an invitation to teat at best. Cant tell who it is with though so not good for these bandits
    • Hi,   I've been sent a claim form from Hoist finance UK Holdings, after speaking with them I believe it's with Robinson way.   I dont recall ever being sent a letter of claim beforehand, the debt is a Barclaycard and the amount if around £1500.   Speaking to robinson way they are unwilling to negotiate with me and simply told me to return the claim form.    Is there anything I can do to avoid the CCJ, I'm happy to arrange a payment plan with them and certainly would've if a letter of claim was sent.   Thanks 
    • you have to look back a long way to get all the info you need on contract law that covers the contracts offered by the parking co. let us say wha it is if worded properly, it is a unilateral contract, which is basicaly an advertisement of something that by your actions you accept. they are enforceable as such. CARLILL v Carbolic Smake Ball Co is the mainstay on adverts as contracts.   Burden of proof- well that is a 2 way street in this case as they will say that they had lots of signs so you must have read them. we say that they need to be specific to the circumstance of a motorist entering private land in a car so they ahve to be legible and transparent at the point of entry from the public highway or it isnt a proper offer. Get the signage right and the fact that you drive in a manner that would get you nicked by not paying due care and attention wont allow you to claim that you didnt see the signs. the reality is though that the signs are often piddlingly small, hidden or unlit and usually without the necessary planning permissions so thre illegallya dn thus fail to create a contract.   demand for payment  within 14 days at a a time well after the correct NTK/NTD was issued is OK, problem is that many of the original charge notices are duff so no liability exists.   youcnat ask for other people's personal data, only they can. If you were the keeper at the time then it will be you they are chasing but other than that all you can do is get her to name you as the driver ands ee if they want to obey the law and start all over again against you.   Now as the original Northern Parking services were wound up by the govt for being naughty you should look up the original paperwork you still have and see who the creditor was at the time. Also get pictures of the sigange as all of the signs from the Co I have seen fail to mention the new version of the company and that makes the contract offered by the signage void.   so for example the secod letter of calom that is headed Northern Parking Services - no such company, it was wound up and this lot either dont know who they are or are too lazy or stupid to explain themselves. There is no tie between the 2 companies with similar names so why are they passing themselves off as a bunch of out of business crooks I wonder? I suspect that they took over the books of the wound up co and failed to explain themselves to the old clients and just carried on. Now that will be somehting to explore IF they do take you to court.   We really need to see the signs(ideally as they were back then so streetview archive images plus new photos please) if possible along with the original paperwork and an idea of when they dropped through your letter box with reference to the 12+2 days allowed under the POFA.   If you can get that then it will be fairly easy to compose a stinging response to their LBA.
    • The timeplate only relates to the parking bay. The SYL's are governed by the times on the entry signs to the Controlled Parking Zone. I've looked on Croydons website but can't find the restriction times for Zone W. The T-bar is no longer a requirement, but the SYL must be substantially compliant, which from your photo I would say it is.   You need to get a resident permit or at least visitor permits ASAP or you're going to continue to get more pcn's  
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skbuncks

Sorting it out....my credit file

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Hi All

 

I have a long way to go but am starting on the road to sorting out my credit file. I hope to have a 'good' credit rating by the end of the year

 

Things to remove include:

2 default markers (vodafone and HFC bank, both old accounts no longer active)

Late payment history (Orange - 2 accounts no longer active)

CCJ (student loan only one year left but gunna have a pop at geting it removed anyway)

Several Credit Cards - adverse payment history.

 

For the defaults I shall be sending off Surly bonds letters re DPA. Am also going to use them to remove adverse payment history from Orange, and, once i've paid them off, all my credit cards.

 

skb


Victory over Lloyds £890

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Victory over Vodafone: default removal

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Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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Update: After a lazy couple of weeks have sent statutory notice and covering letter to vodafone on 5th April, I eagerly await their response

 

skb


Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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Lets hope you get some results. Have had one default removed from cap one, now just one to go with Next Directory.

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Lets hope you get some results. Have had one default removed from cap one, now just one to go with Next Directory.

 

Congratulations. I have my fingers crossed but am under no illusions that this is gunna be easy

 

skb


Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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Update: After a lazy couple of weeks have sent statutory notice and covering letter to vodafone on 5th April, I eagerly await their response

 

skb

 

I am still eagerly awaiting. They are a bit late methinks. The time has been well spent reading Dayglos account of Vodafone and getting somewhat concerned. Whole thing is very annoying as was only a couple of months late with a final settlement bill of £16, which was in dispute for half of that time.

After a week of gorgeous weather, I in all my infinite wisdom have booked next week off work to sit in the rain and collect together all my VF correspondance and have a good long read of the Data Protection Act

 

skb


Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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Well Vodafones eagerly awaited response has arrived. The gist of it is as follows:

 

As you will be aware, section 10 of the DPA only requires data controllers to comply with requests to cease processing personal data where the data subject can prove that:

 

1) The processing is causing or likely to cause substantial damage or distress to the data subject AND

2) That the damage or distress would be unwarranted.

 

Vodafone does not intend to comply with your notice to cease all processing. You have provided no evidence of having suffered substantial damage or distress AND that the damage or distress is unwarranted.

 

They have also kindly enclosed the ICO's missive from Nov 2006 on credit agreements and data processing.

 

 

The crunch of the matter appears to be demonstrating that the processing is unwarranted which is what I intend to do (amongst other things). More details to follow

 

skb


Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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Time line:

 

30th June 2006 – Obtained a PAC number in order to transfer my phone number over to T-Mobile (they were offering a much better deal with the phone I wanted – Flex 35 with a Sony Ericsson W810i and a free PSP).

11th July – Cancelled contract as moved to T-Mobile.

Bill date – 12th July. For Calls upto 30th June and line rental from 1st July to 31st July. Total amount £44.10. I didn’t pay this as it would result in Voda owing me money for the period 12th July to 31st July

Bill date – 11th August. Final Bill. Usage upto 12th July £0.00. Line rental refund 12th July to 31st July £27.26. Total now outstanding £16.84. The important point here is that I NEVER received this bill. Payment to be received by 25th August

24th August – Letter from Vodafone asking for payment of final balance of £16.84. It was at this point that I rang Voda asking them to send me out a copy of the bill as I had not received one (didn’t show up until end of sept).

26th ish August – Called Voda requesting the final statement and told them I wouldn’t pay until I had received them and could check the amount owed.

7th September – Notice of default.

Further to previous correspondence your account has been cancelled and the above balance remains unpaid. Unless we receive payment within the next 7 days we may:

Register your account as a bad debt with a CRA. This will be a matter of public record and a point of reference for future companies providing credit and may therefore affect your ability to obtain credit in future

Refer your account to a collection agency who may take legal proceedings to recover the outstanding debt including interest and legal costs.

We would like to avoid such action and would encourage you to contact us immediately on xxxx to discuss the payment options available to you.

20th September – Notice of debt collection from Wescot Credit Services.

30th September – FINALLY receive copies of my statements. Letter dated 26th Sept which is AFTER they transferred the debt to DCA.

6th October – Final notice from DCA prior to court action. I then paid up.

 

My next step is to submit a SAR and make sure all my facts are correct and also obtain any other info they might have i.e. transcripts of phone conversations etc.

 

My main argument is going to be that the amount owed was in dispute as such I would pay until this had been verified by my examination of the final bill. I then paid up within 2 weeks of obtaining this final bill. It follows that any default is therefore unwarranted as they defaulted BEFORE I had received the bill.

 

skb


Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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:oVICTORY IS MINE.............kind of:o

 

Finally being skint all the time has had its payback. Had delayed sending off my SAR until pay day (friday) when today I received a letter from Vodafone saying they have removed the default but left late payment marker of 3 indicating final payment 3 months late.

 

Received this letter through the post from them today:

 

Complaint about default.

I write further to my letter of 3rm May 2007. You will recall that in that letter I advised that Vodafone Ltd would not cease processing information about your account and passing that information to the CRA’s. I would advise that on that date, I asked our Quality Assurance Team, who look after our relationship with the CRA’s, to review your account. They have now advised as follows:

This customer requested to port his mobile number on 29th June 2006 and the account was cancelled and the number ported out on the 11th July 2006. His July 7th invoice was for £44.10 billing for line rental from 1st July to 31st July and call charges for June, due for payment by DD on 26th July. The bank informed us on 26th July that the customer had cancelled the DD. Customer was then sent his final invoice dated 9th August crediting him for overcharging line rental from 11th July to 31st July, leaving a remaining balance of £16.84 and the invoice also reminded him that he had not paid the July bill.

We sent a Default notice to the account address on 7th Sept advising that if no contact or payment made within 7 days this account would be transferred to a DCA for non-payment and the customers credit file would be affected. No response received from customer so the account was transferred to the DCA on 17th Sept.

Customer then called in on 20th Sept asking for a copy invoice and said would pay by card as soon as the invoice had been received. The payment for the outstanding balance of £16.84 was then received on 31st October through Wescot DCA. I have removed the default recorded on this customers credit file as a gesture of goodwill and replaced it with late payment status code 3 to show that the July bill was paid 3 months late. Customers credit report was updated to show as settled with a zero balance outstanding. There is therefore no default recorded, but the late payments recorded are valid and will remain.

I hope that you will agree that this is an accurate reflection of your payment history on this account with us, but if you have further data protection queries please do not hesitate to contact me again.

 

 

skb


Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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