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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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paulyp
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Hi,

 

New to this forum, but some cracking good threads. Hats off to you all for having such an informative thread.

 

My query is probably something that you can help with. I had my first loan in 1997, and had one every year until 2003 when i graduated. I am now earning over the threshold and the SLC want me to start my repayments (Old mortgage style). Anyway, when I took my first loan in 1997 I was only 17 years old. If that was under the old consumer credit act, then was that illegal for them to provide a 17 year old with debt, or having signed for it, am I still legally bound to pay that back?

 

Thanks in advance :-)

 

PaulyP

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What a jolly good question!

 

I wish I knew the answer!!!! :confused:

 

Pre-1997 loans were regulated under CCA, so I would get a copy of the agreement sent to you (and the others while you are at it!) so that you can check them for legalities and enforceability.

 

I think that you could well be right about being under-age. Hopefully someone will have a definitive answer soon.

 

;)

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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Post #3

 

I am not sure how you think this will help, and that is, after all, what we are all here for.

 

I don't think the OP said that they were not going to pay back what they had borrowed. However, they DO have the right to ENSURE that any Credit Agreement that they have signed is ENFORCEABLE in law.

 

I think it's perfectly fair to question this.

 

We all do things when we are young/impressionable etc. and don't know the rules. In MY experience and the experience of others with the SLC is that they DO get things wrong.

 

Hopefully others have been more helpful to YOU when you have asked questions on this site.

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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if you have taken loan why do not you pay it back??????

 

 

Because by LAW! a person under the age of 18 is UNABLE to make a credit Agreement.

 

 

I can only speculate as to why it is unlawful to lend to under 18’s. Perhaps its for the protection of young people?

 

 

THE 1997 LOAN IS TOTALLY UNENFORABLE AND YOU SHOULD ASK THEM TO WRITE IT OFF.

 

But

 

The 1998 and there after will be enforceable as each year you make a new agreement :mad::mad::mad:( and you were over 18 )

 

I’d send a CAA right away

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Thanks guys! Great advice there. I will send in a CAA right away, and see what they've got to say for themselves. My first payment is due to start this month, so i'm gonna make the payments, but try and see what the script is with the earliest loan.

 

:D

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Let us know how you get on Pauly?

 

Good Luck.

 

CCA the SLC as soon as possible to get that agreement. If the date on it is before your 18th Birthday I suggest you ask some VERY serious questions!

 

:)

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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Maybe I'm being thick, but if you haven't sent them payment or acknowledgement of the loan since before April 2001, wouldn't the loan be statute barred anyway?

 

(This was for loans before the new system was brought in - qround 1998 - which were simple contracts)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I think, although I could be reading it wrong, that Pauly implied in his OP that he was just over the threshold and therefore needed to start paying, implying that he has been deferring yearly in the past.

 

Perhaps Pauly could confirm.

 

Obviously any of the loans that haven't been acknowledged for the past 6 years would be statute barred.

 

;)

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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