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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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LPF - littlewoods [barclaycard] credit card question


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i sent these guys a cca request in december, for which there has been no agreement sent, only letters every 6-8 weeks telling me they thank me for my patience and they will write again soon.

i am getting statements of the account monthly, saying that mercers dca are in charge of the account, ppl who i have never had any correspondance from. i know they have now commited an offence, and my question is, what should i send them now? can i ask that they stop communicating with me and remove my details from their systems?

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Hi Ya!

 

Good news on CCA no show :D

 

Have you read any of the other Littlewoods threads? You could use the search button above. From what i've gathered it isn't uncommon for them to ignore CCA requests, 'cause basically they haven't got an agreement!! I'm sure you'll find loads of useful letter templates there and address details.

 

If the debt is passed to a different DCA send them a CCA too. That means they'll also learn they can't harrass you if L'woods haven't got an agreement.

 

Best Wishes :)

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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  • 3 weeks later...

Littlewoods credit card have now sent me a final demand saying they are planning on passing the account on as i have ignored the default notice sent. They have not sent me a credit agreement yet and it was sent Dec, to which they have aknowledged saying we are looking into it and will get back to you. i know they have commited an offence and im sure after all these months they must not have an agreement, so could you advise me on what letter i should be sending next? and can i demand the default be removed? :(

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Are there any unlawful charges on the card?, if so, you could send them the S10 letter in Library Templates. I have sent a CCA to them and they have now run out of time, however, today, out of the blue, I have received a letter saying if I pay £59 arrears they will pay £15.00 off the account. I am not sure what their game is.

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Send them this letter. Amend it to suit your own dates and needs. This is in the Consumer Credit Agreement-Resource Workshop. I am awaiting for them to commit an offence then I will be doing the same.

 

I wrote to you by recorded delivery on 'DATE' asking for a copy of the agreement together with the relevant information under S77-79 of the Consumer Credit Act 1974, enclosing the fee payable. This letter was delivered and signed for on 'DATE' according to the Royal Mail.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further calendar month, your company commits an offence. These time limits have now expired I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information.

 

As you are no doubt aware that if the creditor under an agreement fails to comply with the above request

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

AS such this account has became unenforceable at law. Consequently I do not acknowledge any debt to your company, and no further payments will be made in respect of the above number.

 

 

As an offence of this nature may have an impact on your ability to hold a credit licence, it is important that you give this letter your immediate and prompt attention.

 

 

What I require.

1. Pursuant to the Data Protection Act 1998 I require you with immediate effect to ensure that all data held by you regarding the alleged agreement or any reference to it, is removed from any and all Credit Reference Agency database.

2. Ensure that all data held by you regarding me is destroyed.

3. Refund all monies paid to you by me.

4. Ensure that all correspondence is made in writing.

 

 

Failure to comply

  • Failure to comply with my request under the Data Protection Act 1998 will result in the matter being referred to the Information Commissioner.
  • Failure to comply with the requirements of the Consumer Credit Act will cause me to refer the matter to the Office of Fair Trading, and Trading Standards.
  • Continued telephone contact will generate a complaint to the police.
  • Failure to repay the paid sums shall cause me to report you to the OFT, Trading Standards and the Financial Services Authority.

I await your prompt response and in any case within the next 12 days.

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Hi Me + :)

 

As you will remember, if Littlewoods have failed with the CCA request they can’t take any action on the account.

 

Sit back and wait for them to pass the debt on, let them dig their hole. When the other company contacts you hit them with the facts and ask why they are processing your data without your consent.

 

Remember be patient and let them dig.

 

As Always…….

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