Howdo,

Hi Blagton,

 

Allocation is down to the judge but, if both parties agree to SCT, that would be influential. However, the bank's sol'rs will be happy to see the case go to the Fast Track so you're exposed to a greater costs risk if you lost. See more here - http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part26#IDA5GTBB

....don't seem to have approval to view that page

 

If you were just to claim back the late fees without interest in restitution, Barclays will refuse to pay on the basis that the charges are Statute Barred. You will therefore be forced to take court action...............

 

.............. and, if you're taking court action, you may as well make it worth your while by claiming the Int't in Rest'n.

 

Mmm...argh....what to do !

I don't (can't afford) really want to risk facing the chance of increased costs if I were to "loose" if I don't have the where with all to finish the job of successfully (in my favour) especially of the odds of success are reduced due to the relatively small amount being charged within the last 6 years.

S.32 doesn't seem to be something a non legal person can always make much sense of - other than not having all my original Statements until recently I wasn't really aware of the total charges going back over 6 years – I guess that alone wouldn't stand up as a reason for extending the “6 years timer” ?

Unanswerable question I know but what chances of Barclaycard actually putting up strong defence rather than making an offer at some point before it gets to that point or indeed a judge favouring their defence. Thats the call I know !

As an additional thought do Barclaycard take a stance against customers who recover charges by closing their accounts and/or reducing credit available ?

Many thanks again Slick

Blagton.

Evening (well morning) Slick,

Many thanks again for your time in replying.

Hi Blagton,

 

The "Out of Order" fee is a penalty and should be reclaimed.

 

My experience does not extend to similar claims with NatWest. Each bank tends to have their own Modus Operandi and you should be guided by threads in the NatWest forum for that claim.

OK, noted. Ta.

The total of the 2 claims comes to approx £7,375 so, if the claims were run at the same time, BC would seek to have both heard together as one claim. That would put the claim up into the Fast Track bracket which brings an increased risk of exposure to costs if the claim was successfully defended by Barclays. However, you could seek to have the claim kept on the Small Claims Track because the issues are relatively simple. There's also the possibility that the Small Claims limit will be increased to £10K but that may be too late to help you here.

Mmm...OK. I've used the Small Claims in the past (unrelated issues) and don't really have an issue with the thought of going down that route but any advise/info on what additional costs might be incurred if it got to the stage of “Fast Track”.

I see mention of “£545 Fast-track” hearing fee !

I take it even if it was a case of me “seeking to keep in Small Claims” that would not be my decision ?

Barclays tend to defend cases initially but then negotiate a settlement before a final hearing. But you must not rely on that happening and should only proceed with your claim if you're prepared to see it through to a final hearing and argue your case before a judge.

 

They will always refuse to settle a claim which includes interest in restitution and/or charges older than 6 years. They only negotiate when court proceedings have been lodged against them and a hearing date is looming.

 

The choice on starting the claim is really your decision and nobody else can make it for you. Weigh up the pros and cons, the likely spend on court fees (initial Claim Fee, Allocation Fee, Hearing Fees) and decide if the possible gain is worth the cost of proceeding.

I guess if I could just get back the Late Payment charges alone via Small Claims it would be worth it. Would you expect them to defend a little more vigorously due the majority of the charges being 6 years+

If it goes to court, it's down to the judge on the day and how well you argue your case for s.32 Limitation Act.

 

But, as I've already said, Barclays have tended to settle cases before a final hearing.

 

Go through the BC **WON with int't in restitution** threads here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

OK, I guess I need to try and gen up a lot more on the s.32 thing [daunting]....I take it “the penalties are unfair, excessive and unlawful” not always good enough !

Again, thanks.

(I may be back - sorry !)

Blagton

Hi SLick,

Many thanks for the quick reply - appreciated.

Hi Blagton,

 

Firstly, what you should claim is the full amount of every charge, not just the excess over £12. Although the OFT set the charge ceiling at £12, the lawfulness of the charges was never tested. We maintain that the penalty charges are unlawful and should be repaid in full.

 

Secondly, if ALL of the charges were over 6 years old, I would have suggested that you consider the matter very carefully before proceeding. This is because you'd have to use s.32 Limitation Act for ALL the charges.

OK, I guess I should read something like this thread on s.32 then ?

http://www.consumeractiongroup.co.uk/forum/showthread.php?248391-S.32-Limitation-Act-and-Bank-Charges

However, if SOME of the charges are still "in date", I believe this gives the WHOLE of your claim a better chance of success with Barclays.

Yes, there are some, albeit just a few within the last 6 years.

 

Read the advice given here a few days back - http://www.consumeractiongroup.co.uk/forum/showthread.php?377595-Barclaycard-Help-Required&p=4094045&viewfull=1#post4094045

 

You should read the Interest Tutorial here to see how and why you should claim interest in restitution - http://www.consumerwiki.co.uk/index.php/Interest_Tutorial

 

Yup, will do.

 

Open this spreadsheet but change the interest rate to 24.9% - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls Then enter all your charges data onto the spready.

 

Once you've done this, please confirm the approx totals for :-

 

1. Charges older than 6 years.

 

2. Charges within the last 6 years.

 

3. Interest at 24.9% on all the charges as per the spready.

 

Barclaycard VISA

1. Total Charges Over 6 years 194.00

2. Total Charges within 6 years 48.00

3. Interest at 24.9% to date 1,885.22

Barclaycard Mastercard

1. Total Charges Over 6 years 546.00

2. Total Charges within 6 years 48.00

3. Interest at 24.9% to date 4,652.26

In each case I have a charge of 20.00 in September 1998 which is shown on my Statements as "Out of Order fee".

Would your suggestions/advice with regard Barclaycard be extended and be the same for NatWest.

Your thoughts very much appreciated.

Thanks

Blagton.

Hi All,

First off I have made a similar post in the NatWest sections too – hope that's OK and not seen as a duplicate post ?

I know, I know – much written already but I have spent the last few days reading through the many threads on here and elsewhere to try and get my head around things !

As with others who have have “left it late” why I have never got on with this earlier I don't know.......anyway...

My enquiry just relates to Late Payment charges only.

I have a Barclaycard VISA and Mastercard that go back some years when Barclays gave you just Barclaycard VISA and other banks Access.

From late 90's to mid 2000's all four cards had fluctuating and at times high balances that resulted in quite (ahem) a bit of interest together with late payment charges varying from, initially £10, £15, £18, £20 and then back to allegedly “acceptable” £12.

Most of these charges were made over 6 years ago.

From mid 2008 all card balances were cleared and have since been operated without any late payment or interest charges.

I have all my original statements going back over this and earlier periods so have documentary evidence.

There is nearly £850 in total late payment charges, of which £250 or so is over the "£12 figure".

So I guess my questions based around “Can I still claim ?” are:

2. Should I claim for the charges only even though most are over 6 years. I have seen some mention on other forums that over 6 years and its Statute Barred and cannot be claimed whereas on here I see some that have had success.

2. If I was to claim should it be for all the charges and add interest (compound) – if so at what rate (Statement ?) and to what date - my claim date or when the balances were cleared ?

3. Should I just claim for the charges over the complete period but only those over £12 ? Plus interest ?

4. Not bother too late

Thanks very much in advance for any info/input.

Blagton.

Hi All,

First off I have made a similar post in the Barclays sections too – hope that's OK and not seen as a duplicate post ?

I know, I know – much written already but I have spent the last few days reading through the many threads on here and elsewhere to try and get my head around things !

As with others who have have “left it late” why I have never got on with this earlier I don't know.......anyway...

My enquiry just relates to Late Payment charges only.

I have a NatWest VISA and Mastercard that go back some years when Barclays gave you just Barrclaycard VISA and other banks Access.

From late 90's to mid 2000's all four cards had fluctuating and at times high balances that resulted in quite (ahem) a bit of interest together with late payment charges varying from, initially £10, £15, £18, £20 and then back to allegedly “acceptable” £12.

Most of these charges were made over 6 years ago.

From mid 2008 all card balances were cleared and have since been operated without any late payment or interest charges.

I have all my original statements going back over this and earlier periods so have documentary evidence.

There is about £1200 in total Late Payment charges of which £350 or so is above the £12 figure.

So I guess my questions based around “Can I still claim ?” are:

1. Should I claim for the charges only even though most are over 6 years. I have seen some mention on other forums that over 6 years and its Statute Barred and cannot be claimed whereas on here I see some that have had success.

2. If I was to claim should it be for all the charges and add interest (compound) – if so at what rate (Statement ?) and to what date - my claim date or when the balances were cleared ?

3. Should I just claim for the charges over the complete period but only those over £12 ? Plus interest ?

4. Not bother too late

Thanks very much in advance for any info/input.

Blagton.

I have also read alot of conflicting information about this issue ... can anyone clear it up

Where have you read this this conflicting info ?

Blagton

Hi all

 

Just want a peice of advise really,

...

.....

Take some time to read a small number of threads on here and you will see that there are loads of of people the same as you. You will also come to realise the 3 rules you need to follow are:

1. Ignore

2. Ignore

3. Return to 1

Don't bother wasting your time worrying about it or communcating any further with them. Just ignore the junk that will come from them.

Make sure though you understand why you are ignoring (Contract Law - claims for actual loss, contract is with driver not RK and so on) then so you can advise your friends and family should they end up in the same situation.

Blagton

Thanks - what is likely to happen if I ignore it?

Nothing will happen although in the interim period you will receive, spread over several months junk mail some correspondence from NCP and their cronies suggesting all manner of things will happen to you if you don't pay.

It won't.

Read the threads on here to familiarise yourself with how the PPC operate and why the advice is to do nothing.

Once you have that sorted make sure you tell your family and friends what to do if they end up in the same situation.

Blagton

I take it that even though they now have my details I should continue to sit tight and ignore them, its so tempting to pay the £75 and make it go away.

I suppose thats what they want !

How about you tell them I was driving and send me the £75 ?

Would you do that ?

Blagton.

Help I recieved a parking ticket off the above company last night, due to being parked in a disabled bay I had disabled my badge unfortunately it had fallen down the dashboard, they are wanting £100 within 28 days or £50 within 14 days.

I have read your advice unfortunately I was a little hasty and I have sent them a letter complaining saying I am not willing to pay the bill as I have a valid disabled badge, I did put my address on the letter, I am now a little worried as your advise says not to contact them.

Would this make any difference regards ignoring further correspondence, as I believe that I should not pay them anything.

 

They may see you as a fish wrigging on the end of the line and if they send enough really scary letters you may give in !

Just don't bother to respond to anything else they send you - your next letter will be one that goes along the lines of "we have considered the comments in your letter but find no reason to cancel the charge on this occasion - pay up" !

As you have probably read already yiou will then receive a series of letters suggesting all manner of things will happen to you if you don't pay - it won't. File them away and you have something to show family or friends who might end up in the same situation in the future.

Don't forget though your Blue Badge means nothing on Private Land - in the same way whilst I don't have a Blue Badge I could park in a disabled bay in a supermarket as it is nothing more than another parking space with coloured paint on the floor (I hasten to add my own morals would stop me but that isn't the point being made).

Blagton.

Thanks all.. I think i will ignore for now then.. See if anything else crops up.

By ignoring you can be sure that the you will be sent the regular set of letters over several months so you can take pleasure in the fact you are doing your bit for the postmen and women of Royal Mail.

Blagton.

Hi all, just found this forum, after receiving a letter from Civil Enforcement ltd, after parking in Milton Keynes.

Even though i bought a ticket from the machine and have had someone go back and look for a sign the way i went into the car park (to which there isnt one apparently) it appears they want £150.

I received the letter on Saturday 9th even though it was dated the 24th of December meaning i am automatically outside of 14 days. Having called Trading Standards they say i should write to them and dispute, having read this forum though it appears this isnt a good idea .

Can anyone advise what they feel to be the best course of action??

C

OK, let me think on that for a second or two................

...OK, I think I can now provide you with the following advice:

Ignore.

You must do this until you receive the next price of junk mail correspondence from them when you must:

Ignore some more

Thats it.

You say that you "have just found the forum" - in which case take some time to read a selection of posts regarding PPC so you will become familiar with why you should ignore them (I appreciate it looks like you have done that already but keep reading). The same situations occur over and over again but once you understand how the [problem] works and why the advice is Ignore you can pass this along to others with the correct reasoning rather than the "Ignore 'cos some website says so" mentality.

Your posts also highlights the inneptitude of some people at the likes of TS and why when talking to them and the likes of CAB yiou should often take what you are told with a pinch of salt and look elsewhere for either confirmation or contradiction of what has been suggested.

Blagton

...

Lastly - if I don't pay they state will issue proceedings in County Court, (who against, me or the lease company?)

How can they issue proceedings against you when they don't know who "You are"

They only have the lease company details as RK.

If I say you owe me £100 would you pay ?

...

Now I would ignore but lease company and fleet dept a little worried so I need to do something. Advice please?

Well one solutuion is to instruct the Lease Company to reveal who the driver was (ie you) and that all further communiation should be sent to you direct.

Once that has been done the lease company will be out of the loop and you can then ignore any comminication they send you.

I would also suggest you try to make sure you understand how the [problem] works -

...

 

 

 

 

My thoughts are:

1. to argue the incorrect parking location
   
2. argue the incorrect signage although kind of admits I might have been the driver
   
3. state that in the interests of closing it off I dispute their claim but will pay the lost parking charge as this is all they would claim in county court?
   
4. argue that they are not able to issue enforcement notices and are misleading people, will report to TS etc etc
   

Forget them all - your have fallen into the trap that you consider the PPC to be ethical and considerate to your point of view. By all means put your case accross however looking into my magical crystal ball that can predict all things (except next weeks lottery numbers) you will receive a letter saying "Tough - appeal failed".

Blagton

.....

What should I do????

Well, being the very thoughtful people that CEL are (yeh, yeh , OK) they have already given you all the advice you need thmeselves:

.....

 

...I rang them, was assured this was a mistake and told to ignore the letter....

Blagton.

My wife keeps saying just pay it but im standing firm on this one and taking all your advise

 

Does your Wife often throw £115 in the direction of strangers on receipt of an Invoice for somthing she never ordered ?

If so let me have your address as I could do with boost to my holiday fund.

Blagton.

hi, iv had parking ticket from euro car parks too, i sent off the first template letter say im the owner but not the driver on that day...

I've never actually read the contents of these templete letters however......

......

.....therefore cannot be certain the vechicle was insured )

has nothing to do with this whatsover.

Don't bother responding or making any further contact. Ignore.

Blagton.

Wondered if anyone had any advice or had been in a similar situation.

Whilst the specifics of your situation may appear to be different to you it isn't any different to any other PPC issued Invoice.

In other words the advice is:

1. Ignore

2. Ignore

3. Return to 1

....I'd suggest you have a read through some of the PPC threads on here and also direct your Dad here so he can see for himself how the [problem] works.

If it was my car i would probably just ignore it but a collection agency has been sending letters to my dad who is the registered keeper and as you may expect he is going mad because he has no idea what it is for! They are threatening legal action. Its for £50!

See above and you and your Dad should quickly be able to see that the Invoice for the alleged breach of contract needs to be issued to the driver and not the RK.

1. Your Dad as the RK is the only contact that T&C have as they have obtained his details from the DVLA.
   
2. Your Dad wasn't the driver so the Invoice has nothing to do with him even though T&C will make it appear he is. Unlike a PCN issued by the Police he is under no obligation to say who was driving. It is for the PPC to chase the driver but they don't know who that was.
   
3. Even if they did know who the driver was then the charge of £50 does not have any relationship to the losses incurred
   

Blagton

thanks for that only my family keep saying pay it or els ill get done

I'm sure you don't always believe everything your family members tell you ?

Why not start to educate them ?

Have a read of the many, many, many PPC (Private Parking Company) threads on here and understand how their business model is to scare the unwary and worriers of this world who choose to take a motor vehicle on the road into thinking what they have received is a “Parking Fine”.

It isn't.

It is an Invoice issued under the assumption a contract has been entered into between the driver and the PPC.

Once you see how they work and how they target the unwary you will be able to tell your family members that they are talking (and why they are) complete testicles !

Blagton.

the confusion the OP said he talked to a Council Parking Attendant for advice ,

 

but he states he was in a Euro Car Park

Yep, realise that Kiptower - it was aimed at the OP in an attempt to make them realise they are not the same thing.

Horses and something to do with water it seems though .....

Blagton.

Yes but EURO CAR PARKS seem like a professional company,

Wow - your a comedian too

I have a money tree here - do you want to buy it ? You seem the sort of person if I did a decent webpage telling you how rich it would make you just might.

tell me what you think, if you do not mind. So they cannot take me caught then end of??? EURO will not take me court, end of lol?

You have asked for advice and received it already from a number of people – posting again isn't going to change anything.

You have also been given pointers as to why you are being advised to Ignore so that you can familiarise yourself with how the [problem] works yet you seem to take a "Actual Council Parking Attendant" is an authoritative source ?

As said by Havinastella and myself in your other thread you have two choices – they will remain the same:

1. Pay

2. Take note of us here.

Thats it – simple choice. You decide.

Blagton.

Michael ...Also has anyone been taking caught from a council parking ticket?

Why bring a "council parking ticket" ionto the equation ?

Blagton.

I cannot understand how UKPC have managed to continue this [problem] for over 2 years. ...

Simples.

The DVLA gets at least £2.50 from every request a PPC makes for the RK details.

Stop that and their current business collapses overnight.

Why MP's, Trading standards and others don't pusrue this simple solution is the question you need to be asking.

However - that alone may make things worse in some cases but if people want to charge for parking on private land they stick a barrier up or a man in a shed and charge in the good old fashioned way.

Blagton

blimey LH are we related I have the same thing

How have they got your details ? The ones you have received are false - you are being conned - no, honest you are. Don't be a mug

I have the genuine claim on the $100m. I'm just waiting for my passport to come back from them (they said they needed it to confirm who I was) and the money will be in my bank account. I will e-mail from my Caribbean Island.

Blagton.

Thanks so much for the advice, however the tkt was placed on the car and it says offence section 10 = Parked in an unorthourised or restricted area?.

I've just said you owe me £100.

How can I get away with that ?

My OH is giving me grief as the car is registered in her name...

In which case sit down with her, spend some time going through this and other threads on PPC's (they all operate under the same business model) and understand how they operate and most importantly why you are being told to ignore them.

Understand who the contract is with - the basic of Contract Law and what losses can be claimed together with why the PPC's write to the RK.

That way you should be able to pass the same information onto your family and friends should they end up in the same situation.

Once you have done that you should understand that whilst your wife, as the RK is receiving the junk mail she has nothing to do with the issue.

It is for the PPC to try and chase this debt with the driver. They have no idea who was driving the car (unless of course you gave the game away in your phone call) and just take a punt on contacting the RK.

Can I not write to them and tell them bogg off and if so then who has a letter?

The general advise is Ignore - it is much easier for us to give that one simple answer however if you really do know what you are doing, understand the chain of events you could have your wife (as the RK) send a letter saying she does not acknowledge the debt, never entered into this alleged contract and wasn't driving - end of. Any other contact from the PPC to her would be considered demanding money with menace and forwarded to the Police.

Now if that seems a little daunting I'd suggest you stick with the advice already given - Ignore.

Hi To All

 

I got a tkt on new years eve, basically it was within a shopping centre car park area....

 

[then you go on to say]

 

...' I asked him why he had clamped etc, and why the fee is £100.00 but you will give me a discount if paid within 14 days of £50.00.

I appreciate it would seem to have been answered but on one hand you say you received a "Tk" then go on to say you were "Clamped".

Two quite different situations that would require different approaches - if you are asking for advice we need to know what has happened factually.

Your first mistake was contacting them however all you need to do now as others have said is:

1. Ignore

2. Ignore some more

3. Go to 1 - or if your not happy with that Ignore even some more

4. You must now go to 1

He got irate and said, well dont pay then, and I will send a bailiff.

He can send a bailiff round in the same way I now say you owe me £100 for typing this reply which if I don't have in my hand by 17:00 Today (thats the 8 Jan BTW) I will send a bailiff to collect.

Believe me ?

Any advice on this please as to what I should do next.

See above and all other posts.