Oh Lordy, another one... (Gemini this time)

artyboy

DD seems to be turning into a bit of a PCN magnet of late. To be fair, this time she paid (always a backstory though, online not working, paid at machine later)

But let's face it, who cares at this stage, especially as it fails POFA on 2 counts

- doesn't warn the RK that they can be pursued after 28 days (S.9(2)(f))
- the stated NTK issue date was 14 days after the 'event', which was also a bank holiday, so with the 2 working day delivery presumption, there's no way they can say it was received in time - in fact we only got it today (S.9(5) & S.9(6))

My only question here, same as my last one, is if anyone has any insight with Gemini - do they ever fold early with a strong rebuttal?

If not, I might just tell them to stick it on those grounds, plus that the driver paid but won't be identified, and leave at that. Given they are Skippy members, I'm not enamoured at the prospect of debt collector letters for 6 years - simply because I will have to keep explaining to others in the household that they are meaningless, and that a debt isn't really a debt. 

For that matter, are they at all litigious?

thanks
Arty

Gr1pr

Regardless of any queries about,  it seems to me that as weasel will at the IPC effectively abolished pcns where full payment was made,  even if late   ( like the Excel claim recently in the news  ) , they should cancel anyway,  once it's been pointed out 

artyboy

Gr1pr said:

Regardless of any queries about,  it seems to me that as weasel will at the IPC effectively abolished pcns where full payment was made,  even if late   ( like the Excel claim recently in the news  ) , they should cancel anyway,  once it's been pointed out 

Thanks, I'll search that one out so I can add in. As it turns out, Gemini will think payment was made even later than it was... given from what I've seen the timing on their machine was an hour later than the real time (going by the timestamp on DDs bank payment record) - very naughty...

artyboy

Just to close this out... the appeal was made on the basis of 2 points of PoFA non-compliance (per my post above) and also included screen shots of bank payment plus their machine, with the hour's timing discrepancy. Oh, and making it clear that debt collector letters would be ignored and any legal claim defended as vexatious on their part...

...and they have just folded... not sure if they are just a softer touch than most, but really wasn't expecting that from an IAS member.

Happy days.

Coupon-mad

Nicely done!