Jump to content


  • Tweets

  • Posts

    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Advice paying several debts


Hachi
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5825 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

Dave, I'm sorry - I would not agree for the Barclays one

 

No clear connection is shown between the first "application form" style doc and the others prescribed terms part

 

To cap it all, the state the level of APR (note that there are 3 different types listed) will be decided by the type of card they give!

 

This hammers the nail in for the S59, agreement to enter a future agreement void - how can you be expected to make an informed decision if you dont know what APR you will end up with?

 

This type of agreement is an utter farce and they darn well know it

 

I have taken them on with an identical agreement and won

 

Hachi, if I can help, PM me

 

 

Dave - no offence meant to you as you come up with some very good posts, just that I've been there and done it with Barclaycard with an identical agreement"

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

Link to post
Share on other sites

Hi,

 

Dave, I'm sorry - I would not agree for the Barclays one

 

No clear connection is shown between the first "application form" style doc and the others prescribed terms part

 

To cap it all, the state the level of APR (note that there are 3 different types listed) will be decided by the type of card they give!

 

This hammers the nail in for the S59, agreement to enter a future agreement void

 

I have taken them on with an identical agreement and won

 

Hachi, if I can help, PM me

 

Hi NCF

 

I didnt pass an opinion on the barclays one......(I dont think) the halifax one looks pretty ok though, but it always depends on the day, you might get lucky.

 

I'll try have a look at the barclays one now, my computer wasnt showing any links to it.....

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

Still cant seem to open the barclays one...will try later

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

Agree with NCF on the Barclaycard one - the "this is a credit agreement" title isn't even in the right place, is it?

 

Also agree with Dave re: the Halifax one. Prescribed terms are there, so enforceable even if it's with a Court Order, IMO.

 

What are you hoping to achieve with this, Hachi?

 

Link to post
Share on other sites

My main reason is to get my monthly payments down, over the past few years I've paid hundreds of pounds a month to so many different companies and never actually seen any evidence of my debts coming down (apart from one which I can track online)

 

When I discovered this site I see what was really going with all this DCA nonsense, and after sending serveral CCA's off I actually had some money for the first time in three Xmas's.

 

Now I know how to go about things, I intend to find out exactly who I owe and how much, this has bought me some time to save a bit of money and if these agreements are correct then I can start my next part of sending SAR's and getting payments down.

 

I don't mind the fact I owe the money and am not trying to get out of it, but these companies have practically dictated my life for the last three years and enough is enough, it's my turn.

Link to post
Share on other sites

In that case set out your budget as rory mentions top of this page and prioritise those creditors that have enforceable agreements knowing that you have defences for the others if you need them.

 

The technicalities over the agreement never effects the actual debt anyway.

 

Link to post
Share on other sites

  • 2 weeks later...

Hi,

 

I sent a CCA letter off to ARC Europe regarding my Egg debt last week, and today I got a letter from their "Solicitors" (Bryan Carter) telling me they have put my account on hold for 15 days while I contact their client (0800 9524914 was the number I've been told to ring)

 

Should I actually ring them up?, I've sent the CCA it's up to the to provide it now is it not?, I hate talking to these people on the phone as they get all high and mighty.

 

What should I do?

 

Thanks.

Link to post
Share on other sites

NO

 

Do not ring them

 

Write back to BC and tell them the responsibility is on them

 

If they wish to collect on the debt it is their responsibility to supply the evidence (CCA)

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

Link to post
Share on other sites

  • 1 month later...

Hi,

 

I sent Fredrickson International (on behalf of Mint) a CCA request back in January, the 30 day countdown expired on the 1st of March (and still no CCA) and today I got a letter from Fredrickson demanding full payment, ring them now or further action will be taken ect ect,

 

Since they never sent me my CCA shall I just ignore them, or send them a letter of some sort? (and if so could someone be kind enough to draft a response)

 

Are they just getting desperate now.

 

Thanks.

Link to post
Share on other sites

Edit this letter as required and send to Fred. Also report the matter to Trading Standards. Account In Dispute

Letter Before Action

Dear Sir/Madam,

I refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.

As **DCA** have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

 

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 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(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.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

If **DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

Failure to respond favourably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice.

I also require a copy of your internal complaints procedure as further action may be necessary.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours Faithfully

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.

Link to post
Share on other sites

I've just noticed something (after reading all my letters, gets confusing)

 

The letter sent to me by Fredrickson is actually not for the card they have been after me about previosuly which was for Capital One (CCA sent and never got back, heard nothing since)

 

The new letter is actually about Mint which Allied Internation Credit were originally in charge of, I sent AIC a CCA request and they never sent me it, so it now seems Mint have given this account also to Fredrickson to try again (or play for time)

 

Should I CCA these lot again and see what they come up with?

 

Thanks

Link to post
Share on other sites

Should I CCA these lot again and see what they come up with?

 

No. Send them the following letter (from Curlyben's library :) )

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

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.

Link to post
Share on other sites

Hi again,

 

I sent a letter with offer of payment to Blair, Oliver and Scot (Halifax) last week and today they sent me a letter stating they intend court action, if I don't contact them today ect ect, with no mention of the offer I made them.

 

What would be the best thing to do, I really don't want to get involved with them on the phone.

 

Thanks

Link to post
Share on other sites

What would be the best thing to do

Stick to your offer of payment. Keep everything in writing, there is no need to talk to them on the phone. This is a template letter churned out by the computer. It may well be that your offer of payment was not processed before their standard threatomatic was sent.

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.

Link to post
Share on other sites

Should I send the same letter of offer of payment, and send it recorded delivery this time, or just let things stand and see what they send next.

 

The last letter I sent was posted on the 29th of Februay, their letter is dated the 7th of March and only got here today.

 

Thanks.

Link to post
Share on other sites

  • 2 months later...

Hi all, trouble at mill again,

 

Today I recieved a letter from Credit Solutions Limited (on behalf of Barclays) demanding full payment, for the last god knows how many months I have been trying to come to an arrangement with Barclays, I've sent numerous offers of payment and asked them to stop interest which have all been refused.

 

They have still been sending me card statements with all the interest they have added on (the interest makes up about 45% of the debt)

 

They say payment must be made in the next 7 days or the usual doorstep collection/court action will commence.

 

I'm really at a loss as to what to do, everyone else has aggreed repayments and have had no hassle from anyone, but Barclays just point blank refuse to accept anything I offer, they seem to think they are an exception to everyone else.

 

Any ideas as to what I can do.

 

thanks.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...