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  1. With the abolition of the paper disc, we've seen that payment of vehicle tax has now been given the option of paying by direct debit, which has eased the burden on many families who have been struggling to keep their head above water and where they rely on their vehicle as a necessity and not as a luxury. However, as DVLA is extending the humanitarian hand so it's grabbing more money in vehicle tax from those families who have chosen to make use of direct debit as a means of payment. They are being charged more, in cases 5% more. Taking into account that the vehicle owner completes all the documentation and DVLA has no handling of this documentation at all as it's all automated, can this not be viewed as a penalty for using a preferred method of payment?. In other words, if you're not affluent and can not afford to pay the full amount up front, you will be penalised. This is much the same as my mobile company or utility company stating that I'll pay more than my bill states depending on the method of payment I choose. Views on this please
  2. Greetings I received a PCN for unloading my LGV in a loading bay. It was the normal of parking attendant viewed for 5 minutes, nothing happening, so issued the PCN. I wrote off to the Council highlighting the cases: Sprake - v - Tester (1955) 53 LGR 194 Richards - v - McKnight [1977] RTR 289 Bulman - v - Godbold [1981] RTR 242 Boulton - v - Pilkington [1981] RTR 87 Whiteside - v - Watson 1952 SLT 367 McLeod - v - Wojkowska 1963 SLT (Notes) 51 Holder - v - Walker [1964] Crim LR 61 Chafen - v - Another Supplement to the Justice of the Peace and Local Government Review 21st March 1970 Pratt - v - Hayward [1969] 3 All ER 1094 Funnell - v - Johnson [1962] Crim LR 488 Police - v - Hadelka [1963] Crim LR 706 Decision of a Stipendiary Magistrate sitting at North London Magistrates Court, Journal of Criminal Law Vol XVI No 3, 193 (1952) Decision of a Stipendiary Magistrate sitting at Clerkenwell Magistrates Court (102 SJ 358) (1958) Which covers and confirms that I was not mis-using the terms of the loading bay. The Council in question, responded by ignoring the above test cases and stating tha the onus is on me to prove that I was using the bay correctly. As far as I'm aware, the onus is on the Council to prove that I contravened the terms of the loading bay. Am I correct in this assumption?. Many thanks
  3. Thank you, they're collecting on behalf of MBNA as per their correspondence. There's no mention of any other company involved.
  4. Many thanks,I'll get that off to them in the morning post.
  5. Hi Would like to have any suggestions on what to do.please. A debt with MBNA became statue barred in February 2011 and it was subsequently removed from my credit file by Experian. In November 2012 I started to receive phone calls from the DCA (which I didn't answer) and they left voicemail stating that they're calling about this original debt dating back to September/October 2003. These I ignored and by January 2013 I was receiving 3 to 4 calls a day for 4 days out of the week. One call was even at 8.45pm which but my back up. They also started writing letters to my neighbours during the latter part of 2012 enquiring as to my whereabouts and my address details, which I found to be an invasion of my privacy. They also started writing me letters "begging" that I contact them to pay the debt. These I ignored as the debt was statue barred and in September 2012 I wrote to them stating that the debt was statue barred to which they just carried on sending me letters asking for payment. September 30, 2012 Letter: "Dear Sir/Madam Acc/Ref No You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008 I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. I look forward to your reply. Yours faithfully" This letter was never replied to by the DCA. As a result of the phone calls and letters I wrote the following letter January 11, 2013 to them: "Dear Sir / Madam Your reference : I refer to your letter of January 2, 2013. For the purposes of clarity and the avoidance of doubt, please take careful note of the following : 1. This letter is sent to you to avoid any “miscommunication” and to give an unequivocal statement of intent. 2. This letter does not acknowledge any debt owed to you or your affiliates, agents, owners or otherwise. 3. I understand this debt was last acknowledged over 6 years ago and falls within the remit of s.5 of the Limitation Act 1980 (which, in case you need reminding, states that an action founded on simple contract shall not be brought after 6 years from the date on which the cause of action occurred). 4. I wrote to your company on September 30, 2012 explaining that I had no wish to pay towards a debt that was barred by the statute of limitations Act 1980. 5. I am now of the view that your actions are of pure harrassment and in breach of CPUTR 2008 in line with the Office Of Fair Tradings guidance on debt collection. 6. The same guidance states it is unfair to pursue a payment after a debtor has already stated they will not be paying due to it being statute barred. I am informing you once again, that even if the debt were mine, I would not pay it. 7. I am sure you are also aware of the provisions of the Protection from Harrassment Act, which makes it an offence to harass a person with a demand for payment, or concerting with others to do the same. Whilst the Act provides relief, it is available only where it is permissible in law to take the offending action (which, as pointed out, it is not lawful as it is statute barred), as well as that action being reasonable. I trust the above is perfectly clear and I now expect you to forward me your official complaints procedures within 7 days. Failure to do so will result in me filing complaints with the Offfice Of Fair Trading, The Financial Ombudsman Service, Trading Standards, my local MP, and Undersecretary Of State For Trade And Consumer Affairs. I hope this letter makes my position COMPLETELY clear." I also sent them the following letter " January 11, 2013 Your reference Legal notice under the Data Protection Act 1980 To: The Data Controller/Compliance Manager (their address and details) Dear Sir/Madam, Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980 I demand that you cease processing of my Data by any means whether written or electronically, with third party individuals and organisations. In addition to processing, this also means passing, ammending, sharing and management in any form of my Data in whatsoever filing, both manually or electronically. In compliance with the Information Commissioners guidance, I give you 14 days to comply with this request. The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage. Specifically because; (i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files, which relate to unfair charges currently in dispute, and found by the Office of Fair Trading to be unfair. (ii)That recorded defaults on my credit files by yourselves are in dispute. (iii)That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust. (iiii)That matters in relation to adverse data you have entered onto my credit files are currently in litigation. (iiii) That the adverse data you continue to process, manage and pass on to third parties impedes my ability to apply for credit, mortgages or other financial services. (iiiii)That as a data controller/compliance officer, you have a responsibility under the Data protection act to observe all principles set out therein within the act. I expect an acknowledgement of your intentions to comply, and if you do not agree, your reasons for being unable or unwilling to do so. I will give you 14 (fourteen) days from date of this notice to forward this to me in writing. Under the Data Protection Act, a county court has the powers to order compliance of any breaches it sees fit together with compensation at the discretion of the court. Should you fail to comply, or give just and reasonable reasons as to why you will not comply, I will consider making an application to my local Court on notice to force compliance together with costs and compensation. Yours Faithfully" January 21, 2013 the DCA replied to state that after investigations that the debt was not statue barred as a payment had been received on May 10, 2011. This I find rather amusing as I was not in the country on that date and also I limited sight after undergoing major eye surgery which prohibited me from conducting any form of business for 12 weeks. After my letter of January 11, 2013 to the DCA all phone calls and letters have ceased. The DCA letter also states that they're within their rights to now pursue this debt as payment was received on 10 May 2011, however I did not make any payment, as why would someone give a token payment after the debt has been cleared as being statue barred. The DCA has now reinstated the debt on my credit file, after it was removed as being statue barred in February 2011. I wrote to the DCA January 31,2013 asking for proof of this payment as it was not made by me and also stating that I was not able to contract and business over that period due to my eye surgery. This letter they've not replied to. On March 4, 2013 they wrote to me stating " Further to our letter dated January 21, 2013 regarding the above account, we note no response has been received. (Obviously my letter of January 31, 2013 doesn't in their opinion constitute a response) Due to the above, we have been left with nooption but to request you now accept this letter and our letter of 21 January 2013, acopy of which is enclosed, as our final response in this matter. If you are dissatiesfied with the outcome of your enquiry you may refer to the Financial Ombudsman ......" I do find that if mail addressed to them is not recorded then they don't reply. I'd appreciate to hear of any suggestions on the next step I should take. Thank you all
  6. I've opened an account with another bank, all my income goes there, it has for the last year. They informed the ombudsman that they have never recieved a letter/s from me. When I produced the RMail proof of delivery to the ombudsman, Santander responded by saying that prrof of delivery is not sufficient to say they received the letters.
  7. Hi I would appreciate some advice here. The scenario in a nutshell is as follows: I have two accounts with Santander. The one had a zero balance and is dormant, however Santander started charging unauthorised overdraft fees on the zero balance, which then pushed the account into overdraft and hey presto they started having fun. My recorded mail letter to Ana Botin fell on deaf ears and their charges increase at a rate of £100 a month. The second account I wanted to close with Santander, so wrote a letter on June 2011 instructing them not to pay out any monies from that account and to cancel all direct debits as no money would be coming into the account as I had a new account with another bank. I also enclosed payment to bring this account to a nil balance. Santander ignored my instructions, withdrem my overdraft facility, passed the direct debits, claimed unauthorised overdraft fees. I wrote to them 15 times with no response and once again a recorded delivery letter to Ana Botin yielded no reply. I took the case to the ombusdman who concluded that I actually had no intention of closing my Santander bank account and that the baks no reply to my letters was in order as mail correspondence was not the banks preferred method of correspondence, although it was mine. I cited BACOBS unfair treatment of client to the ombudsman who just ignored that fact and stated that the bank has not acted wrongfully at all and I'm liable for there bank charges. The amount of bank charges outstanding is now close to £2000 and I can't afford this in one lump sum. I've conveyed this to Santander who once again responded by placing a default on my credit file about 4 weeks ago,but still have not sent any written default notice to me. I've made an offer to settle the bank charges which Santander, thru the DCA which they own has stated that they want the ful amount payable and payment plan is not negotiable. Please, where do I stand here?. When I was unemployed Santander was taking approximately 50% of my job seekers in bank chanrges and now that I've retrained at my own expense and managed to become self employed, they then started with these excessive charges. It seems that all Santander wants is every last penny I earn. I don't understand why I can't pay this off to them. Thank you for your input
  8. I've had exactly the same thing happen to me. On my two accounts with Santander, one which had a zero balance and was dormant for 6 months, have over the last 8 months attracted over £2000 worth of bank charges, most of it accrued as Santander would not instruct on my written intructings to stop paying direct debits as I'd changed my bank and moved my income to another bank. I wrote a letter to Ana Botin, recorded delivery in September 2011 and have not had a reply, except for monthly statements mounting up. I took it to the Ombudsman who ruled that I had no intention of ever moving my bank account and that Santander are fully in their rights not to respond to writen intrcutions as thats not their preferred means of correspondence, even though it's my preferred method. I sent thempost dated cheques to pay off this massive debt, which Santander has refused to accept as they want the full amount in one lump sum,which I canot afford to do. Santander are a law unto themselves and no financial watchdog is going to rule against them. I wish you luck in getting a response from Ana, don't hold your breath.
  9. I've agreed to rent a property and the new tenancy agreement has arrived. It has a clause stating the following: "Not to bring or allow to be used on the property any candles incense oil-burners oil lamps or the like mobile Calor gas or paraffin heaters or the like except in the event of a power cut or system breakdown ensuring these are in the correct receptacles". By query is that with my religion it is custom that we burn candles at the Friday celebration dinner. By stating in the agreement that I may not burn candles in the property, is the landlord in effect stating that I may not practice my religous believes as candles are an integral part of my religion. I've discussed this with the agent who stated that I would need to go have my Friday celebration dinner somewhere else, like at friends in their own words. Another clause states that the Landlord will decide who my electricity supplier is and not the tenant. As I'm paying for the electricity, surely I should have a say who I can get my suppply from?. I'd like some clarification on this. Thank you
  10. Thank you for the advice. I did send a letter to them last year when it became statute barred before I moved. I will however send another letter to them referring to their letter and see what they have to say.
  11. The original outstanding with MBNA became statute barred in February 2011. I last asked MBNA in 2004 to provide a copy of my agreement with them and to date they've not supplpied one and have not made any attempt to recover the debt thru the legal channels. I received the attached letter today. I was not aware that one needs to advise creditors of statute berred debt when one moves. Also, chatting to my neighbour yesterday, she mentioned in conversation that she'd received a letter from Dlc enquiring as to whether I lived in the neighbourhood as so did the other 9 houses in the hamlet that I life. I feel that Dlc have breached ethics here, as they have, by way of their letterhead implied to my neighbours that I'm being sort after for money. Any thoughts please?. Many thanks dlc march 7 2012.pdf
  12. Not specifically no, but I also didn't say that I acknowledged tyhe debt.
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