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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • lookinforinfo
      ECP ANPR PCN - Sainsburys, Whitechapel, London

      By lookinforinfo · Posted

      It is an interesting Final Notice. Firstly because there is usually a reminder Notice before the final Notice. Secondly because it contains some of the wording that should be in the original PCN [aka Notice to keeper]. It could be that the necessary wording in the NTK is missing so they put it in the Reminder Notice to cover their error. If they have it hasn't worked. But the only wat we will know if you post up the back page of the Notice to keeper along with the other details asked for on Post 8 .  If they have got it wrong it means that they are unable to transfer the liability to pay the PCN from the driver to the keeper . I take it that you are the keeper and not the hirer? And do you know how long you are supposed to stay in that car park? In the past I have found Sainsbury's pretty good at cancelling PCNs for their customers. Take both PCNs in to the store and point out if you are a regular customer and that the driver spent a lot of money in their store and see if they could please do something with the ticket for you. if the manager can't help, then come back and we will give you their Head office and write to them. It is the easiest and quickest way to get the ticket cancelled. No point in appealing since that would mean they lose the chance to make any money out of you which is their whole reason for running the car park. If you cannot get Sainsbury to cancel then we rely on ECP getting things wrong so that you don't have to pay  on a technicality or technicalities. For example if the PCN does not comply with the Act and the keeper is not then liable it makes it difficult for ECP to win should it go to court as so many people are legally able to drive your car and Courts do not accept that the driver and the keeper are the same person. Which is why we do need to see the questionnaire filled in and the rest of the NTK. Also it would be helpful to get photos of the signs in the car park. Ones that can be read by us, and the sign at the entrance as well as the inside ones especially those that are worded differently. Poor signage is another defence that works well and you will  need a good defence should they decide to go to Court.
    • gigglemal
      Ird/J&P - Letter Of Claim - old Emirates NBD debt

      By gigglemal · Posted

      Thanks for answer ref address/bank. Thought it wise to double-check.   When I reply to them as per post #5, what should my reason for dispute be?   " dispute this debt because..recommended reason as advised from your thread and add the debt purchaser has yet to provide any or all of the required documentation."
    • MrChips69
      31J Entering and stopping in a box junction when prohibited - Putney High Street Jct. Norroy Road SW15 1 RR

      By MrChips69 · Posted

      Alternative is to access the video yourself, upload to YouTube or similar and link back here.  Video will be accessible once you input your details into Wandsworth website: https://parking.wandsworth.gov.uk/pcn  
    • ffc1991_
      Driving disqualification through x2 MS90 was unaware of - failure to identify but not the org speeding? sent Statutory Declaration to the court? - help

      By ffc1991_ · Posted

      Yeah only £10 so may as well just get it done. When it comes to liaising with the police and bargaining before it hopefully goes to court. How does that happen? Via email? Phone call etc
    • dx100uk
      Idr/J&P Emirates NBD - credit card in Dubai

      By dx100uk · Posted

      J&P are solicitors not a diff DCA.

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

HFC/Weightmans Advice

mazel01

By mazel01
in General Debt Issues

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rory32

rory32

Posted
Posted

Weightmans have wrote to me and asked me to sign a voluntary charge letter for the outstanding debt I have with HFC. I don't know what to do about it.

Can you please give us some background information on this debt. If they are asking that you sign a voluntary charge on your property then on no accounts should you do this.

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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bladeboy

bladeboy

Posted
Posted

Not been on here long and don't know too much but there's no way you should do that EVER!

 

In the templates section I'm sure there's a letter regarding a specific reply to that, there's some civil procedures rules stuff in there too.

 

Matt

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mazel01

mazel01

Posted
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Posted

Took out a personal loan with HFC. All was going ok until last year when I couldn't afford to pay the monthly instalment. Weightmans wrote to me and agreed that I could pay a reduced amount for 6 months then they would review it. I paid the reduced payments for 5 months then couldn't continue to do it. Things have been really bad, I have been ill & one of my parents seriously ill. I hadn't heard anything from Weightmans for months until yesterday. I have already sent HFC a CCA request and recieved a photocopy of my agreement which appears to have all the prescribed terms. I haven't sent a SAR as yet. The amount they are asking for is £19k however if I would have paid all the payments it would only of been paying back £15k. The payment also included £75 month for PPI which I never wanted. If I calculate the payments without PPI cover minus what I have already paid it comes to approx 12k.

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rory32

rory32

Posted
Posted

Okay first of all forget about the voluntary charge. If they were to go for a charging order themselves they would need to get a CCJ first and then you would need to fall behind with any repayment order the court made on the CCJ for them to be able to go for a charging order. Get that SAR sent off and inform Weightmans in writing that the account is currently in dispute (we've got a template for that - I'll have a look for it). Start the process of reclaiming the PPI if missold and any charges on the account (have a look in the PPI forum for additional information on reclaiming PPI). Have you made any repayment proposal on this account in line with your ability to pay?

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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rory32

rory32

Posted
Posted

Here we are

ACCOUNT NUMBER: XXXXXXX

 

Dear Sir/Madam,

I refer to your letter of **/**/**, in which you advise of your intention to issue court proceedings with regard to the outstanding balance of my current account overdraft.

As you are aware, this account and the balance thereof is currently subject of a dispute. I can only assume your letter has been sent in error, as you must surely be aware that action such as that you propose would constitute breaches of the banking code. This matter has been discussed in correspondence with your clients ********* department and on **/**/** I received a letter from ********, which acknowledged no such action should be taken on a disputed account and did in fact apologise for previously suggesting otherwise. A copy of the correspondence to which I refer is enclosed for your reference.

Additionally, this action you propose is clearly quantifiable as retaliatory due to my own claim against your client to recover unlawfully levied penalty charges. To proceed as you have indicated would therefore be contrary to the statement of the Financial Services Authority of 6th July 2006 in which it ruled such action to be discriminatory. I also believe this action to be tantamount to a sanction imposed merely for pursuing my legitimate right of seeking a judgement from a court.

I trust your client is committed to upholding the standards of the Banking Code to which it subscribes, and would not hold its regulator, the FSA, in such contempt as to ignore its 6th July statement.

I will allow you 7 days to reply to me, in writing or by Fax only, withdrawing the threat of action imposed in your letter of **/**/**. If you do not do so, I will draw your client’s transgressions to the attention of the Financial Services Authority and the banking code standards committee, by making formal complaints and enclosing copies of all recent correspondence.

I look forward to your prompt response.

 

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.

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mazel01

mazel01

Posted
  • Author
Posted

Do I send the SAR request to Weightmans or HFC? Also they mention a deadline in the letter to sign the voluntary charge, what happens to that?. Finally once I send the SAR in to them can they still continue with there legal action or do they have to answer me first?

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rory32

rory32

Posted
Posted

Do I send the S.A.R - (Subject Access Request) request to Weightmans or HFC?

HFC.
Also they mention a deadline in the letter to sign the voluntary charge, what happens to that?.
Forget about it.
Finally once I send the SAR in to them can they still continue with there legal action or do they have to answer me first?
They could continue (although they shouldn't) but as I stated earlier it would be for a CCJ which you can defend on the grounds of missold PPI and charges. Even if they got a CCJ against you you can apply for a time to pay order where the judge will make on order to pay based on your disposable income.

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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rory32

rory32

Posted
Posted

Once again I'll ask you, have you made any repayment proposal on this account in line with your ability to pay?

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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mazel01

mazel01

Posted
  • Author
Posted

Thanks Rory. You mention disposable income. Well I lost my job last year and am now in the process of starting my own business. At this moment in time I don't have any disposable income. What would happen there?

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rory32

rory32

Posted
Posted

Basically if you have made a repayment proposal in line with your ability to pay and provided a list of your incomings and outgoings to support this then they are not going to prosper by getting a CCJ against you. First of all a judge wouldn't be overly impressed at them doing this and secondly they would receive no more than you are currently offering - in some cases the amount that you would pay monthly would actually be reduced as the court may view that your payments were too high.

Thanks Rory. You mention disposable income. Well I lost my job last year and am now in the process of starting my own business. At this moment in time I don't have any disposable income. What would happen there?

I would suggest that you try and make some sort of payment. Even if it is only one pound per month, this shows a willingness to repay the debt.

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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mazel01

mazel01

Posted
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Ok, just to recap.... I send the SAR first thing tomorrow to HFC to see what charges have been added to the account & ignore Weightmans letter regarding the voluntary charge for the time being. I presume that Weightmans have added on huge fees and thats why this balance is so high. Can those fees be removed when I receive the SAR?

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rory32

rory32

Posted
Posted

I would also ask for a statement of account from Weightmans (this is free and should show their charges). The only charges they can add are court costs. They can not add any collection charges apart from this. As they have not been to court they can not add any charges at all. Initially ask them to remove the charges in writing, if they don't you can file at court against them.

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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rory32

rory32

Posted
Posted

Not really. You just need to ask them for a statement of account.

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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rory32

rory32

Posted
Posted

Have a read through the stickies in this forum http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/

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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  • 1 month later...
mazel01

mazel01

Posted
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I sent off my SAR to HFC but haven't had a response yet. Weightmans have sent me a statement of account.....really strange though! Balance outstanding shows £8000 but there letter refers to £18000 and that is the figure they say I need to pay

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mazel01

mazel01

Posted
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I have spoken to Weightmans and simply asked the question of why does the statement show £8k but they are asking me to pay £18k.....there response was, we will get back to you!!!

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