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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • 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 then 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. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  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.
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Help composing letter to solicitor, please?


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Thank you Hopeful1, I may just use this FOS route for my other half-started bank reclaim charges.

I know what you mean about having to worry about so many things, sometimes, as fun as this is, it can be draining, especially when looking for info. And other things in life come and go. My hubby could not believe when I first joined this site that you could reclaim charges successfully however after the first one was won (lloyds £4k) he was certainly up for going to court to fight the battles (until Lloyds got their own back and forced bankruptcy).

I agree that the FOS look like a cheaper and more reasonable route. i say this as after bank charge cases kept getting kicked out of court, just imagine, all of that work and stress just for a judge to pull the plug!

Thank you for the info.

No - still not complained about ARC, they were hassling hubby. My first compaint will be about RMA/NCO, as they have really upset me in the past!

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Hubby has received a default notification letter from MBNA. They are in default for CCA request and we're waiting for the S.A.R. to come through (we've done the ID delaying tactics bit). If the date on today's letter is correct, it would have been posted prior to the "THIS ACCOUNT IS IN DISPUTE BUG OFF" letter that was sent to them at the weekend.

 

I'm going to have a look in the MBNA forum now as i want to find a good contact name and/or an e-mail address. In the meantime, if anyone reading this can help, please post! :p

 

Arc's solicitors were threatening action, so i wrote telling them the account is still in dispute. Told them awaiting "true copy of executed agreement" (i.e not the thing i've scanned earlier on in this thread) and S.A.R from the OR. Arc obviously took offence at the bold writing of the word true. They've sent another copy of "agreement" and a snotty letter.

 

In a few days i will write to say account is still in dispute whilst awaitng S.A.R but will enclose a token payment. This is simply because i haven't decided whether to dispute debt or go down the charges route.

 

Oh, will also be requesting complaints procedure from BCW because they do not seem to know when to give up with 'phone calls.

 

Forward march :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Does the default notice conform?

 

Section 88 of the 1974 Act provides for the sending of default notices and allows regulations to be made specifying the form and content of these notices. The Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 prescribe the form and content of these notices.

 

The default notice must contain all of the necessary information which includes

  • a statement saying the notice is a default notice served under section 87(1) of the 1974 Act
  • a description of the agreement
  • the name and address of both the debtor and the creditor
  • details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;
  • a statement saying: if the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of that breach
  • a statement saying: if you do not take the action required by this notice before the date shown then the further action set out below may be taken against you
  • a clear and unambiguous statement saying that if the action is not taken by the date specified, what it will do (for example, if will it terminate the agreement)
  • if the agreement is one of hire purchase or conditional sale, a statement saying: but if you have paid at least one third of the total amount payable under the agreement set out below (or any installation charge plus one third of the rest of the amount payable). The creditor may not take back the goods against your wishes unless he gets a court order. (In Scotland, he may need to get a court order at any time.) If he does take them back without your consent or a court order, you have the right to get back all of the money you have paid under the agreement set out below
  • if an amount of money is required to be paid, the amount before deducting any rebate on early settlement
  • statements saying:
    if you have difficulty in paying any sum owing under the agreement or taking any other action required by this notice, you can apply to the court which may make an order allowing you more time
    if you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor, your local trading standards department or your nearest citizens' advice bureau

Also as of 1st October 2006 the period of notice to remedy the breach was increased from 7 days to 14 days from the date of service of the default notice. The CCA quite clearly states that the creditor shall not take action such as mentioned in s87(1) before the date so specified or before those 14 days have elapsed.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Rory

 

The letter they have sent is not the actual default notice. It is basically saying the account is in arrears and if it's not brought up to date a default will be registered and the agreement will be terminated (WHAT AGREEMENT - WE'RE STILL WAITING!!!).

 

It then says to 'phone to make payment. Or ring to "ensure we can provide you with information to help you deal with your finances, including advice on the action you need to take to stop the Default being registered against you".

 

As i say, they're in default for CCA and still awaiting S.A.R., so i'm not worried...at the mo!

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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It is basically saying the account is in arrears and if it's not brought up to date a default will be registered and the agreement will be terminated (WHAT AGREEMENT - WE'RE STILL WAITING!!!).

Not the sharpest tool in the box. I use the word tool deliberately.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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They're just bullies.............................

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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You're both spot on ;) . Thank god i now know you don't have to be bullied.

 

I'll post with anymore developments. Thank you both for responding.

 

MBNA here i come!

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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I've previously e-mailed BCW with regards to telephone harrassment, only to again come home to 2 telephone messages from them. They have defaulted on my CCA request as well. I will definitely be posting a letter tomorrow asking for a copy of their complaints procedure. I know i shouldn't wish my life away but i'm just counting down the 30 days now!!!

 

I've made a S.A.R request to Egg which expires mid July and they've said i'll receive it on a date closer to the end of July....whatever!! Keeps Arc off my back for a little bit longer - that can't be a bad thing!

 

:)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Thanks AC i've left a message on your thread.

 

Had written to BCW's solicitors re account in dispute so stop threatening court action. Have received a reply to say the paperwork is with "our Client's debt recovery agents, BCW Plc" - I thought BCW were their clients??? It then says please contact our Client directly BCW Group Plc! Very bizarre, not worrying about what they call each other. All i know is that they are in default for producing the CCA and the 30 day expiry deadline is ticking away :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Thank you for popping in both :)

 

NDR were in default for CCA. Not heard a sauage from them which is often a bad sign. Now it's exit NDR and enter Moorcroft wih NO notification. They've sent me a letter saying it fulfills requirement of providing a notice of "intended litigation" :evil: . Time to roll out another CCA request i guess. I think i may contact sneaky Littlewoods for their complaints procedure too, seens how they did not inform me who they were passing the account to. Blinking nuisances they are!

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Registration Number: Z5351122

Date Registered: 18 April 2001 Registration Expires: 17 April 2008

 

Data Controller: MOORCROFT DEBT RECOVERY LIMITED

 

Address:

MOORCROFT HOUSE

2 SPRING GARDENS

STOCKPORT

CHESHIRE

SK1 4AJ

This register entry describes, in very general terms, the personal data being processed by:

MOORCROFT DEBT RECOVERY LIMITED

 

This register entry contains personal data held for 2 purpose(s)

Purpose 1

 

Staff Administration

Purpose Description:

Appointments or removals, pay, discipline, superannuation, work management or other personnel matters in relation to the staff of the data controller.

Data subjects are:

Staff including volunteers, agents, temporary and casual workers

Relatives, guardians and associates of the data subject

Data classes are:

Personal Details

Family, Lifestyle and Social Circumstances

Education and Training Details

Employment Details

Financial Details

Racial or Ethnic Origin

Religious or Other Beliefs Of A Similar Nature

Physical or Mental Health or Condition

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

Data subjects themselves

Relatives, guardians or other persons associated with the data subject

Current, past or prospective employers of the data subject

Education, training establishments and examining bodies

Suppliers, providers of goods or services

Financial organisations and advisers

Central Government

Employment and recruitment agencies

Transfers:

None outside the European Economic Area

Purpose 2

 

Debt Administration and Factoring

Purpose Description:

The tracing of consumer and commercial debtors and the collection on behalf of creditors. The purchasing of trade debts, including rentals and instalment credit payments, from business.

Data subjects are:

Customers and clients

Relatives, guardians and associates of the data subject

Data classes are:

Personal Details

Financial Details

Goods or Services Provided

Offences (Including Alleged Offences)

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

Data subjects themselves

Relatives, guardians or other persons associated with the data subject

Current, past or prospective employers of the data subject

Business associates and other professional advisers

Other companies in the same group as the data controller

Suppliers, providers of goods or services

Credit reference agencies

Debt collection and tracing agencies

Traders in personal data

Central Government

Courts / Tribunals

Transfers:

None outside the European Economic Area

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Joneshousehold. If / when you discover the answer to the question you've posed, would you post it on this thread, please? I'd be really interested to hear it.

 

In the meantime i will keep this thread updated with the responses i receive as they are non too popular. Funny enough they are managing another account and have been very co-operative, but i've a sneaky suspicion this one will not be so easy.

 

Is it advisable to send a token payment whilst i wait for the 12 day expiry? The reason i ask is that i've assumed NDR have asked Littlewoods for the CCA and they've not got it, but passed it to Moorcroft in the hope scare tactics will work. Littlewoods were in default - does this not carry on or does it start again 'cause someone else is dealing with it? Hope this makes sense. Now i'm thinking i send the CCA anyway because a lack of it means Moorcroft cannot pursue.

 

I'm sorry i'm thinking out loud (aka rambling!!!:rolleyes: )

 

If anyone has a vague understanding of what i'm on about, feel free to comment!

 

As for me, i think i need an early night. Good night and god bless all :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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joneshousehold, you would have read probably on the OFT's website that they need to have a consumer credit license.

 

You are likely to need a licence if you want to:

  • sell on credit
  • hire or lease out goods for more than three months
  • lend money
  • issue credit cards or trading checks
  • arrange credit for others
  • offer hire purchase terms
  • collect debts
  • help people with debt problems
  • advise on people's credit standing. credit license.

I can't find a public registrar of companies. You may wish to e-mail the OFT (as they issue the licenses) to check. E-mail address is mailto:[email protected]

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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So... if it turns out that they don't have a consumer credit licence, does this mean that they cannot legally collect on debts that they have bought ?

Yes

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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