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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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FPC- Debt Collection


KGAR14
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Hi

 

I need some help and advice please - I am having continuous calls every day and sometimes on a Saturday night from these numpties who call themselves FPC.

 

They have said that they are working on behalf of their client Vodafone.

 

I want them to stop calling me and harassing me as my husband works split shifts so he doesn't appreciate our house phone ringing at 10am in the morning when he only went to bed at 3am.

 

I had a vodafone contract with them took it out over 2 years ago but was under the impresison that it had been paid off.

 

Can anyone help!!

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Hi KGAR,

First of all never talk to FPC on the telephone, refuse to answer any security questions and tell them in writing only.

Send FPC the prove it letter below, FPC have to prove that the debt exists, send via recorded delivery, print your name only and do not sign...

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

----------------------------------------------------------------

 

Also, to stop the phone calls send FPC this, send with the prove it letter and once again, print your name, dont sign....

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

------------------------------------------------------

 

Best Wishes

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Variety of information, through credit reference agencies, royal mail re-direction or the underhanded and illegal practice of ringing your ex-neighbours.

Not forgetting if you have filled in forms online etc.

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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I have sent them a letter today which has been drafted up by a close friend who is well known on this forum. Please see letter below and let me know you're thoughts on next steps....

 

You have written to me regarding the above account reference. I have to inform you that you are also

contacting my home telephone number at inconvenient times as my husband works shifts. Therefore

any calls between the hours of 10am and 8pm are completely unacceptable and I would like you to

refrain from contacting me during those hours. In fact, considering that I have no idea what you’re are

calling me about I suggest all communication is put into writing from now on so that I may forward

the details onto my financial advisor for assessment.

After checking through my records I have no paperwork or any other reference to the account you are

chasing. I believe you are contacting me in error and any further correspondence from you in relation

to this account/debt will be referred to Trading Standards unless you have evidence to the contrary.

I trust this outlines the situation.

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  • 2 weeks later...

Hi KGAR14,

 

I'm sorry to hear about the problems you've posted about here.

 

As we've referred the account to a DCA it would appear that all did not go to plan when your left us. Not to worry though as I'm sure I can get to the bottom of things for you.

 

To enable me to access the account in question could you email the details across to me by following the information in our pinned thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?213340-Vodafone-Webteam-for-Customers-With-Problems?

 

Once you've sent it you'll receive an automated reply with a reference number. So I can make sure it reaches us could you update the thread with this for me?

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

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  • 9 months later...

Hi. I have recently been contacted by FPC stating i owe Vodafone money for a contract i wasnt aware i had. My contract ran out end of 2010 and i called to state i didnt want the contract to roll on. however, after being told over the phone by a vodafone adviser that it was sorted out, I left it at that unaware that i was being given false information and i was still being charged for something i wasnt using. After speaking to FPC about this they put the account on hold for supposidly 15 days from the date of a letter i recieved to sort out the dispute, but after recently being on the phone to them again i was told that the 15 days started almost 2 weeks before this date which is once again another misleading message. I was also informed that i still owe money because i apparently didnt cancel an already finished contract in the appropriate way and i personally am getting fed up with being given misleading information. The person i spoke to at FPC was rude and wasnt interested in what i had to say, just telling me i was at fault and i owe money. The way i see it is vodafone are giving out misleading information and are trying to rip people off!!!!! :-x

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Hi mr showtime,

 

Thanks for making me aware of the concerns you have here.

 

To enable me to be able to get these looked into further could you email the details of the account in question by following the contact information in our pinned thread here: http://www.consumeractiongroup.co.uk/forum/showthread.php?213340-Vodafone-Webteam-for-Customers-With-Problems?

 

Once sent you'll receive an automated reply with a reference number. So I can make sure it reaches us could you update the thread with this and I'll get back to you as soon as I can?

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

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  • 1 year later...

Also the same here with FPC

 

had a letter off them yesterday as Lee has tried to help me in the past but had no joy from him

 

FPC have stuck there own outrageous charges on top of my Vodafone Bill Over £85 of charges at least

 

I spoke to Vodafone today when they emailed me stating they would get the debt back and id pay vodafone direct, and again no help whats so ever, i lost my job on thursday due to redundancy and made a very small offer but an offer to keep this FPC off my back and to remove there charges

 

Vodafone came back and said oh we would only make ap ayment plan of 12 months for £47.90 thats the minimum we would accept

 

see what i mean i make an offer and they refuse it, never known anyone to refuse money before so they obviously do not want there money

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Hi Chris,

 

First of all, you Tell Vodafone how much your going to pay and not they tell you, as it is a Vodafone debt, pay them directly, as your also now on Benefits you can drop this to £1 per calender month if you so wish to do so, if it takes 196 years to pay off, so be it! A mobile phone debt while your on benefits is low priority, as usual, sort out rent/mortgage, council tax, electricity, gas, water, food, clothing, children's school dinners etc. first before any debts.

 

As to FPC's charges, just ignore, they cannot add charges unless it is specified in your original contract.

 

As your circumstances have changed, Give Lee another shout by posting a reference number and giving him a message with a link to this thread, how to do this is posted in post 9.

 

Stigman

  • Haha 1

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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