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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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Threats from A&L


helencaunt
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Hi! I have reclaimed charges from HSBC and Nationwide with no problems, but A&L seem to be playing hard ball! Any advice would be great.

 

I had a current account with A&L with a £500 overdraft. I was unaware of any problems with my account until A&L wrote to me to tell me that I was £150 over my overdraft limit, so they were removing the facility. I went online to check me statement, and noticed that the whole overdraft was taken up by returned direct debit charges.

 

They called, and said that if I did not make a payment, they would enter a default notice against me. I didn't have the whole amount so paid them £150.

 

After making this payment, I immediately wrote to them saying that they had no right to enter defaults against me as I was disputing the charges, and requested copies of statements which I didn't have. 2 weeks later, they replied, saying I had no ground for disputing the charge, and no statements. I have now received a letter from a debt collector saying that if I do not pay, they will send bailiffs to my home.

 

Should I pay the outstanding amount, then take the matter up with them? Should I not pay, as to pay would be to admit that I accept the charges? I'm really not sure what to do next.

 

Any advice would be great.

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Just found you- welcome to CAG and dont panic.

 

 

No, paying them will not weaken your claim for a refund, but you dont have to pay them anything that you dont owe them.

 

Its entirely up to you, following the following process will pull the rug from under them.

 

First thing to do is get another bank account and transfer your salary and and direct debits to it.

 

Send them a S.A.R - (Subject Access Request) for all your missing statements going back as far as you like- (I got copy statements from 20 years ago, complete with charges!)

 

Then send them a request for a copy of your original credit agreement. This is known as a Cpnsumer Credit Act section 77/78 request, commonly known on CAG as a CCA-ing them.

 

(If they dont send it to you within 12 days they cant do anything and you dont have to pay them anything until they do.)

 

 

I'll be back in mo with the links for you. Just click them and you will have the CAG template letters.

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SAR template-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

(Remember to enclose the £10 fee- you would be advised to do this by means of a postal order as it is as good as cash and you will then have proof of payment in the post office reciept- which you MUST keep. Send the SAR+£10 by Special Delivery (costs a bit, but these creeps are playing hard ball, so make sure you have evidence of EVERYTHING)

 

CCA request-

 

your address

date

 

a/c no: xxxxxxxxx

 

 

Sir/Madam,

 

Under s.77 of the Consumer Credit Act you are ordered to supply me with:

 

1) a true copy of the original credit agreement relating to the above mentioned account

 

2) The current statement of account

 

 

 

 

Please find payment of the maximum fee of £1.00 ijn the form of a postal order serial number xxxxxxxxxxxx

 

This letter sent by Special Delivery, tracking number xxxxxxxxxxx

 

 

Yours

 

DO NOT SIGN THIS!!! They are known to cut and paste your sig for fake agreements.

 

 

helencaunt

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Dont forget- as well as all the unlawful charges, you are also entitled to a refund of all the interest levied on those charges from the date the charge was made until the date the unlawful charge is removed. ;)

 

They owe you a lot more than you think.

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Thanks for your responses.

I will follow your advice. My concern is:

1, it's rather intimidating being threatened by DCA.

2, I will need to get a mortgage in the next couple of months, and am worried they will screw up my credit.

3, Even if I file against them, surely I'm no better off, because it won't be dealt with because of the OFT test case?

 

I have not yet filed, as I don't have all of my statements, and they ignored my request for them. They even returned the cheque!!

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"After making this payment, I immediately wrote to them saying that they had no right to enter defaults against me as I was disputing the charges, and requested copies of statements which I didn't have. 2 weeks later, they replied, saying I had no ground for disputing the charge, and no statements. I have now received a letter from a debt collector saying that if I do not pay, they will send bailiffs to my home."

 

 

You are absolutely right.

 

What you should is do a photocopy of this letter and send it together with a covering letter to your local Trading Standards.

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DO NOT speak to the DCA.

 

NEVER, EVER SPEAK TO THEM.

 

Refuse to confirm your identity when they ring but make a note of the times.

 

As you are aware of the SAR, send the CAG template one to A&L.

 

This puts them on notice that the "debt" is disputed, therefore legally they cannot default you until the dispute is resolved.

 

Also send A&L this (modified to suit yourself:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

 

This puts them on notice that putting default on your credit record would be a breach of the DPA, and that they lay themselves wide open to a claim for damages suffered by you, if they do this.

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I agree, being hassled by a DCA can be intimidating, but the more knowlege you gain from reading this site, they more you realise they are just muppets using a lot of scary letters to try and scare you.

 

They will lie, cheat and feed you BS if they think it work in their favour.

 

What this site has taught me is, it is suprisingly easy to fight back. The law is there to protect you as well.

 

You just need to know where to get help.

 

You've found it. :)

 

Read and read this site.

 

You will find others just like yourself, wiping the floor with these bottom feeding parasites everyday.

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"3, Even if I file against them, surely I'm no better off, because it won't be dealt with because of the OFT test case?"

 

You will be better off because the "debt" will be legally in dispute, so they wont be able to do a damn thing until it is resolved, whenever that may be.

 

Let the DCA and A&L know you dispute it and carry on with getting the statements and file your small claim as soon as you can.

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