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Wheelbarrow01
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  #2869220 15-Feb-2022 22:08
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Justmeasking: Thak you Wheelborrow01 and everyone for your advice.

Quick question, I have already emailed and informed the Parking company that I will be making a claim against them. Should I email them that they can do it instead?

When I emailed the Enforcement business about taking them to the Disputes Tribunal, I CC'd the dept collector company. So they are aware that there's a dispute still going but I just recieved another letter from the dept collector about the fine, in bold letters [Payment Due: NOW].

 

If you've already indicated to them that you intend to request a tribunal hearing, then reversing that position could be viewed by them as you backing down (which they will relish).

 

If I were in your position where I'd already told them I will request a hearing, I'd probably just swallow the $45 lodgement fee and proceed with requesting a hearing at the DT. Again, best case is that they fail to show at the hearing and the judge finds in your favour after you demonstrate that despite your mistake with the registration plate number, you paid the appropriate parking fee on all 3 occasions and did your best to alert the parking company to this fact.

 

RE the latest letter from the debt company you just received, just reply to it stating "as per my previous correspondence on this matter dated x date, this debt is in dispute and is pending a hearing in the Disputes Tribunal. You must stop enforcement action until the matter is decided by the Dispute Tribunal".

 

According to consumerprotection.govt.nz, "If you don't believe you owe the money, or think you owe less, tell the lender or debt collection agency in writing as soon as possible. Debt collection and repossession processes must stop until the dispute is settled".




1101
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  #2869393 16-Feb-2022 09:21
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Wheelbarrow01:

 

According to consumerprotection.govt.nz, "If you don't believe you owe the money, or think you owe less, tell the lender or debt collection agency in writing as soon as possible. Debt collection and repossession processes must stop until the dispute is settled".

 

 

On that website
" If debt collection or repossession continues during a debt dispute or hardship application, contact your lender/debt collector or your lender's dispute resolution scheme."
So if the debt collector ignores the "in dispute" , your recourse is to contact the debt collector . I cant see that helping .

 

Some debt collectors can be extremely determined (Ive seen it when they were chasing someone I knew ) .
Im sure they've seen the 'in dispute' used so many times to avoid debts , that some might just ignore that & keep trying .

 

"In dispute" should at least stop them affecting your credit rating .
Thats the downside of all this. If its marked as a bad debt or money owing , then credit rating could be affected .

Going to the Disputes Tribunal could at least force them to abandon this 'debt' , so follow through with that , rather than have this 'debt' follow you for the rest of your life .

 

 


fe31nz
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  #2869995 17-Feb-2022 00:15
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1101:

 

On that website
" If debt collection or repossession continues during a debt dispute or hardship application, contact your lender/debt collector or your lender's dispute resolution scheme."
So if the debt collector ignores the "in dispute" , your recourse is to contact the debt collector . I cant see that helping .

 

 

"Dispute resolution scheme" - a different organisation completely from the debt collectors.  For example, on this page for Baycorp:

 

https://www.baycorp.co.nz/complaints

 

you can see that you can complain to "Financial Services Complaints Limited (FSCL)" if you are having problems with them.  You do have to complain directly to the debt collectors first.




insane
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  #2870110 17-Feb-2022 09:43
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fe31nz:

 

1101:

 

On that website
" If debt collection or repossession continues during a debt dispute or hardship application, contact your lender/debt collector or your lender's dispute resolution scheme."
So if the debt collector ignores the "in dispute" , your recourse is to contact the debt collector . I cant see that helping .

 

 

"Dispute resolution scheme" - a different organisation completely from the debt collectors.  For example, on this page for Baycorp:

 

https://www.baycorp.co.nz/complaints

 

you can see that you can complain to "Financial Services Complaints Limited (FSCL)" if you are having problems with them.  You do have to complain directly to the debt collectors first.

 

 

Just tried to check on the companies office register if those companies are in any way connected other than through their membership - can't tell as Baycorp is a web of holding companies etc, quite hard to map out.

 

 

 

So while that FSCL look to be independent they don't appear to have any real sway over them, in fact Baycorp pay them a membership fee, and they aren't a financial authority as far as I can see. I guess it's like the TDR for ISPs.


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