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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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Barclays Letter Template


Kerrie78
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Hi,

I am about to send CCA requests out to Barclays and MBNA for my husband but whether its because I've got the kids racing round me like lunatics or its just because I'm having a blonde moment I just cannot find the template letter in the CAG library!!!

 

Would someone please link me to it before I need to go and buy hair extensions!

 

Thanks in advance

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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hi there , i was in a similar situatiom to yourself and some nice person posted this for me to use hope this is the right one for you , just thought would pass it on for you ...

 

Hope you get it sorted

:)

 

 

 

 

 

 

 

(Your home address)

 

Date:

 

To:

 

Dear Sir/Madam

 

Account No:

 

With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied. I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request. I/we enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

 

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

 

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

I/we look forward to hearing from you.

 

Yours faithfully

 

(Your signature)

 

 

Remember not to sign your letter, as the agreement has to have your signature to be enforceable and the creditor may try and use what you send them if they do not have it...initial it or use a different signature. And send a postal order for the £1.00 fee. Send request recorded mail!

 

 

I sent requests to the address on the back of my statements which is:

Barclaycard

Customer Services

Barclaycard House

PO BOx 5592

Northampton

NN4 1ZY

 

You can see how Slick has been helping me on my thread. They have 12+2 days to comply with the request, and you could stop paying after this if they have not complied, as they would be in default, although expect a lot of calls, threats and letters if you do this. Again see my thread for what happens after 12+2 days have expired, or post up your agreement if they send you something which you are not sure is enforceable.

 

Hope this helps!

__________________

[email protected]

 

Morgan & Stanley/ Goldfish / Barclaycard : F & F Offer accepted , appealing Default on CRA's-ongoing:!:

HSBC : Managed Loan .F & F Offer accepted , appealing Default on CRA's-ongoing:!:

Littlewoods: No CCA , PPI INsurance claim. Took to court. Charges refunded. WON :D appealing Default on CRA's- ongoing :|

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Thanks very much Bones, I have printed the letters out to Barclaycard and MBNA now and will be posting tomorrow. I didn't sign them, I printed the name and I have enclosed the PO and sent REC Del.

 

I have used the Pavilion Drive, Northampton address though so do I need to change it before posting???

 

I will let you know the outcome. And I will read up on your post just now.

 

Thanks again

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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Hi Kerrie,

 

The address is fine but I'm afraid it'll be a waste of a good stamp as BC wil simply send you a set of T&C's in response.

 

Read here for an alternative strategy - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

:)

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 !:-)

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hi there , sorry to but it , i was given the other letter by a member of the site to send to barclaycard myself i have recently sent this off .

Was this a waste of time for my self too ???..

Will i not get what i need to see if the agreemnet is unenforcable or not excecuted properly ?

 

Sorry am really confused now :)

 

thanks

[email protected]

 

Morgan & Stanley/ Goldfish / Barclaycard : F & F Offer accepted , appealing Default on CRA's-ongoing:!:

HSBC : Managed Loan .F & F Offer accepted , appealing Default on CRA's-ongoing:!:

Littlewoods: No CCA , PPI INsurance claim. Took to court. Charges refunded. WON :D appealing Default on CRA's- ongoing :|

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Hi Bones,

 

Your thread is now here in the BC forum.

 

The CCA request was being used all the time with BC but they've changed the way they respond to it - now they just reply with a set of T&C's.

 

Which why we are now advising users to use the CPR route.

 

Sorry for the hijack Kerry. :)

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 !:-)

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