Jump to content


  • Tweets

  • Posts

    • You will probably get a couple more reminders followed by further demands fro unregulated debt collectors with even increasing amounts to pay. They are all designed to scare you into paying.  Don't. It's a scam site and they do not know who was driving and they know the keeper is not liable to pay the PCN. Also the shop was closed so they have no legitimate interest in keeping the car park clear. So to charge £100 is a penalty as there is no legitimate interest which means that the case would be thrown out if it went to Court.  Keep your money in your wallet and be prepared to ignore all their letters and threats. Doubtful they would go to Court since a lot more people would not pay when they heard  MET lost in Court. However they may just send you a Letter of Claim to test your resolve.  If yoy get one of those, come back to us and we will advise a snotty letter to send them.  You probably already have, but take a look through some of our past Met PCNs to see how they are doing.
    • Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
    • hi all just got the reminder letter, I have attached it and also the 2nd side of the original 1st pcn (i just saw the edit above) Look forward to your advice Thanks   PCN final reminder.pdf pcn original side 2.pdf
    • The airline said it was offering to pay $10,000 to those who sustained minor injuries.View the full article
    • The Senate Finance Committee wants answers from BMW over its use of banned Chinese components by 21 June.View the full article
  • 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

Jaxo_uk vs barclaycard ... is this CCA enforcable


Jaxo_uk
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5115 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

Following on from my previous post http://www.consumeractiongroup.co.uk/forum/barclaycard/177784-barclays-took-700-my.html.

 

I CCA`d barclaycard and received no reply,...well i received a phone call from a DCA, (strange that i hadn`t heard from them in 2 years) however I stated to the DCA that barclaycard was in default as I had CCA`d them and had no responce within the statutory time limit. They said that they would see what they could do and low and behold 2 days later this arrived with a demand for all the monies owed.

I`m just looking some advice as to wheter or not this is actually enforcable..

 

Thanks

 

P.s this isn`t my dodgy scanner from the 80`s,..Its what the agreement actually looks like.Untitled.png

Edited by Jaxo_uk
Link to post
Share on other sites

Hi Jaxo,

 

No need to BUMP - there're less peeps around during the day and sometimes a reply will take a while. :)

 

If there are limited views with the above link, use Photobucket. It's mentioned here - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

I'll ask for this to be checked over, but you may not get a reply until this evening. ;)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Following on from my previous post http://www.consumeractiongroup.co.uk/forum/barclaycard/177784-barclays-took-700-my.html.

 

I CCA`d barclaycard and received no reply,...well i received a phone call from a DCA, (strange that i hadn`t heard from them in 2 years) however I stated to the DCA that barclaycard was in default as I had CCA`d them and had no responce within the statutory time limit. They said that they would see what they could do and low and behold 2 days later this arrived with a demand for all the monies owed.

I`m just looking some advice as to wheter or not this is actually enforcable..

 

Thanks

 

P.s this isn`t my dodgy scanner from the 80`s,..Its what the agreement actually looks like.

 

PPs could somebody be so kind and let me know how i post an image in my post. Its asking me for a web address where the image is located. Here`s a temp link to it anyway. RapidShare: Easy Filehosting It can only be viewed 10 times. Thanks

 

can't see any agreement...................

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

Link to post
Share on other sites

Hi Jaxo,

 

No need to BUMP - there're less peeps around during the day and sometimes a reply will take a while. :)

 

If there are limited views with the above link, use Photobucket. It's mentioned here - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

I'll ask for this to be checked over, but you may not get a reply until this evening. ;)

 

 

Sorry for the late reply, I have been working all weekend and haven`t had the chance to use the computer.

 

here`s the photobucket picture

 

Untitled.png

Link to post
Share on other sites

Thats a nice "APPLICATION FORM" they've sent you there Jaxo...

 

It doesnt contain any of the prescribed terms.. i.e. repayment details or credit limit and it doesnt contain a signature from the company either as far as I can make out.

 

unenforceable I reckon

Link to post
Share on other sites

Thats a nice "APPLICATION FORM" they've sent you there Jaxo...

 

It doesnt contain any of the prescribed terms.. i.e. repayment details or credit limit and it doesnt contain a signature from the company either as far as I can make out.

 

unenforceable I reckon

 

Hi pmw1971, I was thinking unenforcable myself. Don`t really know tbh. But it seems more loike an applicartion form to me. However there is terms and conditions at the bottom left. I cant make them out but if they got a better photocopy would it then become enforcable??

 

What is the next course of action I should take? Is there any templates of what to send them next?

 

thanks

Link to post
Share on other sites

Hi pmw1971, I was thinking unenforcable myself. Don`t really know tbh. But it seems more loike an applicartion form to me. However there is terms and conditions at the bottom left. I cant make them out but if they got a better photocopy would it then become enforcable??

 

What is the next course of action I should take? Is there any templates of what to send them next?

 

thanks

 

Could ask for a copy that you can actually read the Terms&conditions you mention on it... its your right to have a document thats legible.

 

I notice it looks like a photocopy of a fax so its going to be a bad copy, they may have asked it for speediness and now have the actual document in front of them in which case you should get a better copy next time.

Link to post
Share on other sites

Hi Jax,

 

I'll flag this up and see if it can be checked for you.

 

:)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi Jax,

 

I'll flag this up and see if it can be checked for you.

 

:)

 

 

Thanks. What is my next cource of action? Is there any letter templates I could send them to try and get them to remove the default?

Link to post
Share on other sites

There is no template AFAIK - just write to them in plain English and tell them that they haven't sent an enforceable agreement (and why) and therefore they have no right to be communicating personal data about you to third parties, namely CRAs. Tell them that you want them to get the adverse credit markers removed ro you will commence proceedings under s14 of the Data Protection Act 1998

 

 

Link to post
Share on other sites

Just an update:......

 

I lodged a complaint with equifax about unsubstaned data on my credit files that had no credit agreement to back it up. Two weeks have passed and today i got an email saying, Please log into equifax as 3rd party has responded to complaint.

 

This is what i wrote to them (Equifax) : The company in question has registered data against me on this credit file & with experian that is incorrect. I want the data removed from both CRA`s as unsubstanciated as barclaycard cannot provide me with an original signed credit agreement as required by the consumer credit act 1974. I have now requested this document from them (along with the £1 statutory fee)& given them the required time limit to respond on 2 seperate occasions and have not had a single reply. If they are able to produce above mentioned document I want to see physical proof and not an email from yourselfs saying you`s have seen it etc."

 

This is the reply from barclaycard:

 

"We will delete the entry on line"

 

Thats it, A one liner. Hopefully they will remove the data from experian to as this complaint was only with equifax. Experian don`t have the same online dispute features as equifax. This reply was received today a 3pm, however the data still remains on both credit files, However I pulled both files this morning and cannot pull new ones until tomorrow so fingers crossed.

 

Whats the odds they`ll be gone tomorrow?

Edited by Jaxo_uk
Link to post
Share on other sites

Don't bet your breakfast on it !!

 

;)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • 2 weeks later...

Hi slick and daniella, Sorry for taking so long getting back to you but it has only been today that this has come of my credit file. So it took a while but I got a result in the end,...Well I sort of got a result (it came off my equifax file but not my experian) The dispute was lodged with equifax but afaik experian don`t have this facility (If they do a link could somebody post a link). So what can I do next to get it of my experian file as they don`t have this option. ? If I wrote to experian explaining the situation to them showing them documents and proof do you think they`d remove it?...(me neither)....so what options do I have? or should I just be happy its removed from equifax?

 

Daniella it was £2800.

Link to post
Share on other sites

I'd write to Experian now and demand they remove any entry for this a/c or you'll take further action against the. Tell them Equifax have already complied.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Have you posted seeking help in the Default and DP Issues forum.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • 1 year later...

Hi all, this is my old thread b ut I need to revive it as im as a standstill with barclays. The original default was removed by barclays on equifax only. A few months later it reappeared under the name of aktiv capital. I have send countless letters to them explaining that no credit agreement exists and the debt is unenforcable (they have also admitted this on the phone) but they wont remove the default from my credit files. I have also wrote tho the information comissioner and they have said that there is nothing they can do. Can I get this removed in court if they have no credit agreement? and if so how do I go about it?

Link to post
Share on other sites

Hi all, this is my old thread b ut I need to revive it as im as a standstill with barclays. The original default was removed by barclays on equifax only. A few months later it reappeared under the name of aktiv capital. I have send countless letters to them explaining that no credit agreement exists and the debt is unenforcable (they have also admitted this on the phone) but they wont remove the default from my credit files. I have also wrote tho the information comissioner and they have said that there is nothing they can do. Can I get this removed in court if they have no credit agreement? and if so how do I go about it?

 

was it your debt?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

i've not seen anyone in the last years or so getting any joy on default removals just because the CCA is un-en when the debt is actually theirs.

both the OFT & the FOS take the view that co's can continue to inform cra's even if the cca is un-en.

i also suapect BC has one too

what you have is the typical response from BC...their own garbage!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...