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    • What you've just written complicates things. No, the snotty letter now needs to be changed so don't rush and send something off just yet. We see you've done your reading up - well done - so you'll have seen we have several cases with our mate Kev.  His MO is to hide signs in the undergrowth where no-one will see them, and ignore consideration & grace periods, so he can issue his invoices.  His antics mean that motorists are legally in the right not to pay his invoices.  And so far he hasn't had the bottle to do court. However, your case is different.  As much as we despise Kev, you didn't pay for the private car park that Kev "manages" but instead gave the money to a completely different car park run by the council.  In that case Kev does have the right to be miffed.  I've just a mock booking for Sea View car park on JustPark and it works no problem. I think you have two decisions to make. 1.  Do you want to do a chargeback with your bank to get back the £60 you paid?  I did a chargeback about a year ago for the first time, i didn't have a clue what to do, but the regulars here guided me and everything was painless. 2.  Although you are probably legally in the wrong and may have outed yourself as the driver do you want to refuse to pay Kev for the other two?  If Kev won't do court then after all his bluster you'll be in the clear. However, as there are two tickets involved (potentially three if you go for chargeback) Kev's geed might win over his lack of backbone and he may go for court. There's no easy solution.  Your choice.  We will of course support you all the way with what you decide.
    • Ok thanx  I keeping coming across this term “ holding defence”. Can someone explain what this is. Thanx. 
    • Thank you @lookinforinfo and @FTMDave.  The car park I paid for by mistake instead of this one was Cornwall council, not Alliance. Will the letter still be ok in this instance? Thank you so much again for your help. When you open the Just Park app in the  Alliance car park (Sea View) the first car park that comes up is Polzeath Beach. Both car parks are on the beach. The signs do not give a code for 'Sea View' anywhere. I also have not been able to find the landowner to complain. (not on land registry.) Please confirm whether above letter is ok to send, thanks again.
    • OK thanks, I noted them down when I checked the report - 3 have already expired, although if I'm adding the 14 days on then it'll be another week or so for those. The others are; end of July (so into August is that right?), end of August (these two are the big ones) and a couple of grand on Shop Direct at the end of November but seeing as this furthest one is Lowell and they have already missed those first 3 then I feel pretty safe with that one. Are these DN dates on the credit report that dates I should be looking at +14 days when their anniversaries come up this year as the time when I can be sure the debts are SB?  I won't be rushing to send the SB letters anyway until the final one has passed and I can just do them in one fell swoop.
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Claim on stay - being chased for payment


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I made a claim against Abbey earlier in the year and my case is currently on hold.

 

My claim is for £838 but my total overdrawn (student overdraft) was £1590.

 

The debt collection company that were chasing me stopped, but the debt has since been passed on to bcwgroup.com

They contact me today asking for payment. They said that they were willing to accept £700 to clear the debt and that i need to set up a payment plan immediatedly for amount i am over my claim figure.

 

Is this correct? Do you have any advise at all?

 

Thanks,

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i have had dealings with bcw in the past and they are a bunch of bullies! The best thing is to refuse to speak to them on the phone and just write to them explaining that your case is on hold, if you can afford to make a nominal payment of say, £10 per month that should keep them off your backs, you may need to be seen to be paying something as obviously your overdraft is not covered by your charges claim. Hope this helps - they also threatened me with a house visit but as they are based in Glasgow I thought this would be highly unlikely and ignored them - they never turned up! Good luck and keep posting if you have any more problems.

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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They called my mobile and work today. I have never given them my work number.

 

Here are the facts:

 

My charges claim is for around £800 minus a GOGW

This does not cover the all of the amount of my overdraft £1500

BCW have said abbey will accept £700

 

My question is, if i only have to pay £700 and the rest of the debt is written off, How will that effect my bank claim? Is the judge then likely to say, well they have already written off around £700-800 so are not entitled to anything?

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Hi, no it wont affect your claim at all and to stop them phoning you and to get everything in writing only, send them this letter

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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They called my mobile and work today. I have never given them my work number.

 

Here are the facts:

 

My charges claim is for around £800 minus a GOGW

This does not cover the all of the amount of my overdraft £1500

BCW have said abbey will accept £700

 

My question is, if i only have to pay £700 and the rest of the debt is written off, How will that effect my bank claim? Is the judge then likely to say, well they have already written off around £700-800 so are not entitled to anything?

 

 

I made an application to have a stay lifted, although the stay wasn't lifted the judge got rather narked by the fact that Abbey were proceeding with chasing a debt that was primarily made up on charges and that was in dispute. She went as far as making an interim order to tell Abbey to stop debt collection. If they don't comply then she has agreed the stay can be lifted. Might be worth considering if the have put you through debt collection / harrassment via phone calls etc.

 

She said that any legal action brought by Abbey in regard to the debt would have no legal basis and you could simply ask any action to be stayed too.

 

Hope this helps

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  • 1 month later...
Hi, no it wont affect your claim at all and to stop them phoning you and to get everything in writing only, send them this letter

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

 

I send the letter above via recorded delivery. Since then I have not had a single phone call or letter from them. This includes the fact they have not sent me a CCA.

 

What are my next steps or do I just wait?

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  • 2 months later...

Had a call from APEX today. I refused to give my details and said I will only communicate by post. He said that is rubbish as I have ignored letters from them. I told them I have no idea who APEX are (I didn't at the time), he basically called me a liar and said he was going to record the fact I refused to speak to them.

 

I had previous sent BCW a letter to stop harrassing me by telephone at home and work.

 

The debt is related to an overdraft do these not have CCAs?

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two more calls today and a letter from them.

 

The letter states that my account has been look at and they want me take advantage a special deal.

 

What should my reply be?

 

I imagine they will call my work phone later today

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