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    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
    • Thanks for all the suggestions so far I will amend original WS and send again for review.  While looking at my post at very beginning when I submitted photos of signs around the car park I noticed that it says 5 hours maximum stay while the signage sent by solicitor shows 4 hours maximum stay but mine is related to electric bay abuse not sure if this can be of any use in WS.
    • Not sure what to make of that or what it means for me, I was just about to head to my kip and it's a bit too late for legalise. When is the "expenditure occured"?  When they start spending money to write to me?  Or is this a bad thing (as "harsh" would imply)? When all is said and done, I do not have two beans to rub together, we rent our home and EVERYTHING of value has been purchased by and is in my wife's name and we are not financially linked in any way.  So at least if I can't escape my fate I can at least know that they will get sweet FA from me anyway   edit:  ah.. Sophia Harrison: Time bar decision tough on claimants WWW.SCOTTISHLEGAL.COM Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government...   This explains it like I am 5.  So, a good thing then because creditors clearly know they have suffered a loss the minute I stop paying them, this is why it is "harsh" (for them, not me)? Am I understanding this correctly?  
    • urm......exactly what you filed .....read it carefully... it puts them to strict proof to prove the debt is enforceable, so thus 'holds' their claim till they coughup or not and discontinue. you need to get readingthose threads i posted so you understand. then you'll know whats maybe next how to react or not and whats after that. 5-10 threads a day INHO. dont ever do anything without checking here 1st.
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Barclaycard and the DCAs


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Eventually got round to sending Curlyben's letter to 1st Credit, and they sent back a very succinct reply. Their reply was they know that they cannot chase for money while an account is in dispute so they are contacting their client. So, umm, if they know that then why did they contact me in the first place?!?!?

May put this suggestion to them on a christmas card, noooo, on second thoughts, this may be the time of year for forgiveness, but even I am not that nice!

LOL nice one CB!

Red x

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Eventually got round to sending Curlyben's letter to 1st Credit, and they sent back a very succinct reply. Their reply was they know that they cannot chase for money while an account is in dispute so they are contacting their client. So, umm, if they know that then why did they contact me in the first place?!?!?Because they didnt know you had friends in CAG and did not roll over and cough up as they thought you would.

May put this suggestion to them on a christmas card, noooo, on second thoughts, this may be the time of year for forgiveness, but even I am not that nice!

LOL nice one CB!

Red x

 

Bah Humbug

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Please refer to 1st Credit as 1st Credit. Thank you.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Nothing to update, just sumising this past year so that I can look forward to 2008...

Started this year with RMA, who were the nastiest bullies and name-callers. Paid them what I could afford until I CCA'd them, and then heard no more.

Started to repay BC what I could afford per month direct without any contact from them at all

BC passed my debt on to 1st C, who got all heavy, and threatening charging orders. Reminded them that due to no CCA from my previous request, debt is in dispute

Complained to FOS about BC - waiting to hear

BC said that they would look into my complaint

1st C referring back to BC. No further contact at present.

Still no CCA.

Red still paying what I can afford, as I have a duty to pay what is owed!

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Good news there Red, lets see who crawls out of the wood work next.

I certainly can't wait to see who B'card passes my account to next.

Hey you never know I might stop mucking about and actually file in court for the charges, but seeing as they are almost the same as the outstanding balance, I think I might just stay as I am.

I have after all, offered B'card a way out, but they ignored that completely.

  • Haha 1

Be VERY careful whose advice you listen too

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Hi Red - Have you tried approaching Northampton TS about Barclaycard? As you know from my thread since TS involvement B/C and Mercers haven't sent me anything except my monthly statements. I too am paying what I can afford to, but the respite I've had from sending everything to TS (who are obviously very busy and don't like to rush these things!) has been very refreshing. I think I'll report Sainsbury's next to their local TS although at the moment they are letting me pay £10 per month, however they, like Barclaycard, continue to add interest and charges whilst the account remains in dispute.

 

Good luck for 2008 :)

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Thanks CB, Tau and DM! Happy new year to you all. I will continue with the current plan, of paying what I can afford, directly to BC, and I will see how I feel in a couple of weeks, depending upon any insight from the FOS, as to whether to complain further or not!

Looking forward to 2008, its started with a "Notice of Legal proceedings" but not from BC or their henchmen....ah well, at least I know what to with it.....;)

Cheers guys and girls for all your help and support

Red

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  • 2 weeks later...

Next! BC have written through twice, firstly to say that they are sorry that they have not dealt with my complaint (which I made to FOS and not to BC), and that I can go to the FOS once they have sent me their final response (oops!).

Also they have written through to say that they have assigned my debt to 1st credit and that I should pay them directly. Well no, BC, I will not! I am not going to pay some bully boy DCA who cannot comply with a simple CCA request, and in honesty , i am not too sure other than moral high ground and honesty to own up to my debts as to why I am paying BC at all!

Nothing from FOS re this one, since my original complaint, so if my photocopier has decided to work, then i will send the FOS copies of their letters, which will back up my complaint of passing on the debt to a DCA without taking my I&E into account, and the insistent charges and interest. BC have said that following default by me, that they are within their right to pass the debt on. I do not dispute this, but why tell me now, after the 5h!t has started to hit the fan?!

Oh well, carry on reagrdless! (Beautiful South)

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Hi Red, sounds as if they have thrown in the towel if they have passed it to a DCA. Sad. LTSB have done same to me.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Hi Gold lady, lovely to hear from you again, hope that you are well! I think that often BC throw in the towel early, but only after they have added loads of charges and interest!. I honestly can't be dealing with a DCA who cannot legally comply with my requests. Who are you paying now? LTSB, or DCA or neither?;)

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neither of them :p

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Next! BC have written through twice, firstly to say that they are sorry that they have not dealt with my complaint (which I made to FOS and not to BC), and that I can go to the FOS once they have sent me their final response (oops!).

Also they have written through to say that they have assigned my debt to 1st credit and that I should pay them directly. Well no, BC, I will not! I am not going to pay some bully boy DCA who cannot comply with a simple CCA request, and in honesty , i am not too sure other than moral high ground and honesty to own up to my debts as to why I am paying BC at all!

Nothing from FOS re this one, since my original complaint, so if my photocopier has decided to work, then i will send the FOS copies of their letters, which will back up my complaint of passing on the debt to a DCA without taking my I&E into account, and the insistent charges and interest. BC have said that following default by me, that they are within their right to pass the debt on. I do not dispute this, but why tell me now, after the 5h!t has started to hit the fan?!

Oh well, carry on reagrdless! (Beautiful South)

 

 

Good on you Red for refusing to pay DCA. As i put on my thread, i think i am gaining a small amount of compliance from Barclays. This is down to FOS and a refusal to lie down. Like you, i forward all correspondence to FOS which shows Barclays we mean what we say!! I also take great pleasure in responding to all their correspondence and highlighting their wrong doings!!

 

Keep at 'em!! :)

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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  • 5 months later...

Hello all! Gosh haven't been on CAG for aaaagggesssss, but my situation still seems the same! LOL Like lots of debts, 1st Credit still trying it on, BC ignoring me.

Must admit to being a bit tardy. Have just carried on paying £10 p/m to BC, and am about to get back in touch with the FOS about BC.

1st Credit sent me something which they thought was a CCA agreement, but it failed on a number of issues.

Lucky me, 1st Credit also sent one print out of something which is all abbreviated and makes no sense, other than opening balance and outstanding balance! Do they think that they have complied with my SAR request?!

Told them in no uncertain terms that they have not, and to leave me alone (letter was better worded!).

So now I will send BC a letter (again), asking for PPI refund/account charges and interest refund, and that they have not followed OFT guidelines by appointing DCAs without notifying me first.

So you all will probably have to put up with me again!

Nice to be back!

Red :)

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Hello all! Gosh haven't been on CAG for aaaagggesssss, but my situation still seems the same! LOL Like lots of debts, 1st Credit still trying it on, BC ignoring me.

Must admit to being a bit tardy. Have just carried on paying £10 p/m to BC, and am about to get back in touch with the FOS about BC.

1st Credit sent me something which they thought was a CCA agreement, but it failed on a number of issues.

Lucky me, 1st Credit also sent one print out of something which is all abbreviated and makes no sense, other than opening balance and outstanding balance! Do they think that they have complied with my S.A.R - (Subject Access Request) request?!

Told them in no uncertain terms that they have not, and to leave me alone (letter was better worded!).

So now I will send BC a letter (again), asking for PPI refund/account charges and interest refund, and that they have not followed OFT guidelines by appointing DCAs without notifying me first.

So you all will probably have to put up with me again!

Nice to be back!

Red :)

 

Hey hey!! How ya doin? It's really good to see you back :)

 

I knew you said you were having a break, but i didn't think it'd be for this long!!! :p

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...

Thx Hopeful1, so glad that you are still here!

I sent off my complaint form direct to BC, and have had the standard reply, of we are sorry to hear of your disatisfaction....looking into it...etc.

I have probably opened another can of worms here, by contacting BC direct, but was so fed up of 1st credit that I wanted to make my voice heard to BC.

I feel a little like the walls are closing in on me at the moment, as none of my creditors appear to be playing fair, maybe due to the credit crunch, however I am sure that all them will still be reporting large annual profits.

Will let you know of any developments...

Red

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Hey CB!!!!! Lovely to hear from you, last time I was on here you had gone AWOL ;)

Yes its still going on...I will probably die before this gets resolved.

The way my luck is currently going I will have to change my identity and move abroad LOL

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You can't keep a good ape down ;)

 

 

This is very true! And don't the OC/DCA's know it too! :D,

maybe I should change my identity into an ape (no smart comments please!!!), and achieve more sucess in fending off any further harrassment.

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This is very true! And don't the OC/DCA's know it too! :D,

maybe I should change my identity into an ape (no smart comments please!!!), and achieve more sucess in fending off any further harrassment.

 

Can we see the pictures when you do this :p

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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  • 1 month later...

BC have written to me today in response to my complaint letter of charges, passing my account to a DCA without notifying me, mis-selling PPI, and all they have said is that 1st C are legal owners of my account (and have been for nearly a year apparently), and that BC have basically washed their hands of my complaint. I have, as previously mentioned been paying BC.

So why do the DCA not take further action if they are the legal owners, BC say that my account was passed on to (not sold to) DCA. I have written through to DCA to say that my account is in dispute with BC? :confused:

If the debt now belongs to 1st C, then why are they not jumping up and down at me, and accepting that I have raised a complaint against the OC?

I am really confused (and not happy with BC!)

Any suggestions/help appreciated!

Red

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  • 2 months later...

Here we go again!

1st C's "solicitors" are applying the scare tactics of court action but they still can't provide me with CCA. They like my application form though, think I have been sent it three times now. :D

Trading Standards have been very very helpful, and have advised that all phone calls that I have made regarding this complaint (about 18 months worth) can be used as evidence in court, OFT have also been very good, I have someone assigned to this complaint, along with a direct line tel no! And FOS are also very good, and patient bearing in mind that I just keep adding to my complaint!

Lots of paperwork to do, but I am sure that it will be worth it - on a satisfaction level rather than financial!

Red

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