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    • Hi all!   Thank you in advance for any help you can give me!!    I parked up (at 18:08) in a rush, entered my Reg and paid for an hour of parking. At 18:20 I got a ticket for not paying for parking.    I've just looked at my receipt and noticed why ... I put "22" instead of "21"  when i put in my Reg. yes... what a stupid mistake.    I seem to remember there being a court case or a rule change about entering the wrong reg but the company wasn't at a loss because i had paid for the parking just technically for the wrong car. Am i making that up?    Any advice would be gratefully received, even some key points i have to hit when doing the appeal      
    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
    • Well, they trashed their last election manifesto pledges, so nothing new really is it? They just find weasel words to try to claim they haven't actually failed if you just look at it just a little squinted and in this particular way  - and are stupid.
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Mymaterob V Mbna


phatram
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I am helping a mate who hasn't got a pc to claim against MBNA.

He owes them £5000+ and the debt has been handed to a BRYAN CARTER solicitors who he pays x amount to every week.

The debt was only £1500 originally but with interest and charges has grown to over 5k !!

He rang Carters today to ask for his MBNA account number and they say they don't know it. He cannot find anything from MBNA with his credit card number on , so we were thinking what to do next.

Any advice please.

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Personally I would just SAR MBNA, they can find the account number, send proof of ID (copy of driving licence) £10 and send it recorded... oh and if his address has changed something with the old address on it too..

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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Mbna have returned I.D etc and stated that Rob doesn't have or has ever had any accounts with them !!

Carters say it was a MNBA card but refuse to give him any further details.

What should we do now ?

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I would send carter a request undre s78(1) of the Consumer Credit Act 1974 asking for a copy of the executed agreement for the account and a statement of account. REmind them they have 12 days in which to comply.

 

They should pass the request on to the original creditor.

 

It is in Carter's interest to pass the request to the right creditor. If they have got it wrong they won't be able to prove the debt.

 

 

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My mate Rob has just had Carters on the phone to him stating that he can only get information from Northampton County court, as he has a judgement against him to repay the debt. Carters are saying they do not have to supply him with any information whatsoever, thay have also said they will be sending someone round, ie bayliffs, if he does not pay. Would someone please advise how to help him?

Thanks

Phatram

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Firstly, send them this

Please note that I am only prepared to communicate with you in writing. Should it be your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

What they have said about information is complete tosh. If they are refusing to supply information under the CCA he should make a complaint to the Financial Ombudsman.

 

THis is an interesting situation - Carters are chasing a debt for MBNA who say there isn't one. Carters are refusing to provide information to prove there is a debt to pay - in theory the debt could be anyone's. THe OFT have publioshed guidelines on debt collection (OFT664, July 2003, updated December 2006). I think Carters behaviour violates many of the guidelines:

Communication

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.

2.2 Examples of unfair practices are as follows: …

 

e. failing to provide debtors or creditors with information on status of debts, for example, not providing requested balance statements when reasonably requested

 

False representation of authority and/or legal position

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position.

2.4 Examples of unfair practices are as follows:

a. falsely implying or claiming authority, for example, claiming to work on instructions from the courts, claiming to be bailiffs or, in Scotland, sheriff officers or messenger-at-arms

b. falsely implying or stating that action can or will be taken when it legally cannot, for example, referring to bankruptcy or sequestration proceedings when the balance is too low to qualify for such proceedings or claiming a right of entry when no court order to this effect has been granted…

 

d. falsely implying or stating that action has been taken when it has not, for example, that civil action has been taken or that a court judgment has already been obtained …

 

f. pursuing third parties for payment when they are not liable

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows: …

 

h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

a. sending demands for payment to an individual when it is uncertain that they are the debtor in question, for example, threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made…

 

f. passing on debtor details to debt management companies without the debtors' informed prior consent…

 

i. failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued…

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt

 

Debt collection visits

2.11 Those visiting debtors must not act in an unclear or threatening manner.

2.12 Examples of unfair practices are: …

 

f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed

 

 

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