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    • Thanks London  if I’ve read correctly the questionaire wants me to post his actual name on a public forum… is that correct.  I’ve only had a quick read so far
    • Plenty of success stories, also bear in mind not everyone updates the forum.  Overdale's want you to roll over and pay, without using your enshrined legal right to defend. make you wet yourself in fear that a solicitor will Take you to court, so you will pay up without question. Most people do just that,  but you are lucky that you have found this place and can help you put together a good defence. You should get reading on some other Capital One and Overdale's cases on the forum to get an idea of how it works.  
    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
    • Here's a suggested modified version for consideration by the team. (Not sure whether it still gives too much away?)   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you added. Shall we raise the related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding parking periods. Especially with no consideration of section 13 in your own trade association's code of practice and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked, unmanaged over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the above issues and more, with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture a couple of useless ANPR photos. If you insist on continuing this stupid, money grabbing quest, after having all of the above pointed out, we will of course show this letter to the Judge and request “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Signed, "Spot". (Vehicle Keeper's pet Dalmation).
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Where do I start?!


cupcake68
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Might be worth reading this thread re. dealing with Creditor phone calls

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131475-dealing-dcas-phone-calls.html

 

Also, to help compile your harrassment log, dial 1471, make a note of the number and then google it or search on this site to find out who the phone call has originated from.

 

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That's a good idea!

 

I have the list of numbers and time that they called (only since monday) but I didn't want to phone them to find out which one they were.

 

I'm kind of getting used to the phone ringing and not answering it now! I have been dreading them calling me constantly and knocking on my door and raiding my house for a year now. It's not as bad as all that (YET!)

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Hi esile172

Offering my support too.

Sounds like you have had a horrible time of it lately.

I too was in a terrible mess with debt espcially when made redundant some yrs ago. Happy to say things are better today, despite RBS taking me to court.

With the help of this site I am finding my way through the maze.

 

With regard to creditors phoning you, I too have had persistent calls over several yrs.

I no longer answer my landline and family and friends know to leave a message on the answer phone before I will pick up the receiver.

I had years of dealing with DCAs before finding the CAG site and wish I had found them sooner it would have saved me so much stress.

 

I have found they will try anything and everything to get you pay whether by fair or foul means.

 

Be strong, know you have lots of people routing for you, even those that dont leave a message, I'm sure there are quite a few that are silently wishing you well.

 

I'm subscribing to your thread too.

 

good luck

Poppay

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Thanks guys for the support!

 

I feel like I am on some fast track learning course. Each day I get these little hints and tips and things get a little clearer.

 

I hope in writing this it might help someone else when they find themselves in difficulty. I'm sure if had found this site a year ago it would have saved me a lot of anguish (and grey hairs!)

 

I'm now going to look up my list of numbers to find out who is chasing me but I will not know which one of us they are chasing for without answering?!

 

xx

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[quote=esile172;2068466

 

I'm now going to look up my list of numbers to find out who is chasing me but I will not know which one of us they are chasing for without answering?!

 

xx

 

 

Sorry but I can't help with this problem !

 

One day, probably very soon, you will feel so empowered that you will take on any of the creditors phone calls and wrap them up in knots with the knowledge you have found - meanwhile the creditors will be wearing brown trousers as they realise they have a formidable opponent facing them.

 

Keep reading and Keep learning

 

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Have now put second one on, still can't work out how to link thread but will keep trying!

 

Ps Supasnooper, I do already feel a lot more positive about all this, not yet brave enough to answer phone but also am telling myself I have no need to stress over answering it (it is helping!) Thanks again for your continued support.

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To insert a link to a thread -

 

1/ Open up the thread and click into the address bar at the top, it should turn blue, then right click on this and select "copy". Go to the thread you wish to insert the link, go to the reply box , click into to it and then right click and select "paste".

 

or

 

2/ Find the thread in the relevant forum, right click on the thread title and select "copy shortcut".

Go to the thread you wish to insert the link, go to the reply box, click into it and then right click and select "paste".

 

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HIi Guys!

 

Feeling low today! Didn't sleep last night, beginning to think I've just made everything worse!

 

Today my Dad has heard from HSBC (one we CCA'd) saying the letter wasn't signed so they couldn't supply, please send another request with signature.

 

What should he do? He has a bank account with them also so thinks if they really wanted his signature they could get it anyway.

 

Should he sign?

 

Any advice greatly appreciated.

 

x

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One thing you may need to do is to look at getting set up with bank accounts away from your creditors very shortly.

 

If your Dad gets in a positon where he is unable to make a payment on his credit card then HSBC may decide to take the payment from his current account - This is called offsetting and is done by most banks.

 

HSBC are being stupid - There is no legal requirement for a Credit Card Agreement to be signed.

 

There is a response letter on the forum somewhere ( think it was done by pt2537) - I'll post it up if I can find it or someone else may post it up.

 

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Thanks supasnooper.

 

He doesn't have any spare money in the account but he does have his benefit payed into it. Can they take that when they can see he has gas and electricity etc taken out each month? There is no spare cash.

 

Also had to take phone off hook again today. Have been making a note of calls each day. Yesterday there were so many my phone didn't keep them all! This means more than 15. This morning while we were out we had 5 calls from Barclaycard. The problem is we have 4 barclaycards between us so I don't know if they are calling for one continually or several. Is this reasonable or should I be complaining to someone?

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Another point!

 

Do we need to worry about banks being part of other banks? For instance First Direct being pat of HSBC. Can banks from the same group take money from other accounts?

 

Also our mortgage is with N/wide, another one we have CCA'd?

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HIi Guys!

 

Feeling low today! Didn't sleep last night, beginning to think I've just made everything worse!

 

Today my Dad has heard from HSBC (one we CCA'd) saying the letter wasn't signed so they couldn't supply, please send another request with signature.

 

What should he do? He has a bank account with them also so thinks if they really wanted his signature they could get it anyway.

 

Should he sign?

 

Any advice greatly appreciated.

 

x

Hi Esile172

Are you saying that the bank did not send the CCA as the letter requesting the CCA was not signed?

 

If so, I think that it would not be prudent to sign any letters to any DCAs or Banks.

 

I tend to print my initials and do so in a way that is not my normal way of writing my initials on any letters that may require a signature.

 

Other advice given would be to disguise your signature in some way, but still best not to sign ANYTHING.

 

As it is not unknown for a signature to copied and pasted into a 'reconstructed' document.

 

I suspect they do not have a signed CCA and by requesting a 'signed' letter of request, they will then have a signature to hand.

 

This whole journey of taking control of your finances is one of constant ups and downs.

Personally I just want to bury my head in the sand until it all goes away!

However, I know to my cost that taking NO action just makes things much much worse.

It is a nightmare having the phone ring constantly all day! I know, as mine never stopped for such a long time.

Now it hardly rings and this weekend not once at all!

My finances are in pretty bad shape too, and I dont enjoy having to take action either, but its either that or let them take everything! And I have worked too hard to get myself out of a bad place to let them take everything without putting up a fight.

 

Remember they will try just about anything to get money out of you, they wouldn't even care if you ended up destitute, just as long as they get what they want.

 

I have started to think of it this way....

I am just a reference number to them, Its not really personal they want to show a profit (RBS) and they dont much care how they do it! Hence I am trying to take my emotions out of my fight and trying to deal with it that way, its hard as I still feel sick about it all, but it is helping and of course CAG is a great place to find help and support.

 

And the DCAs are just as bad, as they now see that their profit margins are looking less healthier than they did last year!

 

Anyway that's enough of my rambling on.

 

I think you are doing brilliantly, better than me, I do still have my head in the sand concerning my other creditors.... lol

 

All the best

P.

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Hi Poppay

 

Thanks so much for the support. I know it's something I have to do it just feels like such a big fight, we have 30 credit cards between us and I am really dealing with them all as I am the one that found this wonderful site and decided it was worth a try.

 

The hard thing is all this is on top of the already hectic life we lead, trying to get a flat, that was ruined in just 3 months by non paying tenant, ready so that we can get some money back, trying to move things around here in order for Dad to move in, so we can try and get his place redecorated and ready for holiday lets to try and get some more money in. It all needs doing now, it can't wait but neither can this!

 

I did get some sleep last night (due to sheer exhaustion!) so I do feel slightly better today.

 

I think the other thing that is so frustrating is you read all this information on here and you learn what they can and can't do but they just go and do it anyway! I've never been one to give in so I will find the fight somewhere but somedays it just all gets too much!

 

I am also recording all this on here hoping it will help someone else who comes across this site. I'm not yet able to give anyone useful advice because I'm not knowledgeable enough (yet) but if someone can get some confidence to give it a go from reading about the mess I am in all to the good.

 

Good luck to you, you are right we are just a reference number to them. They are not worth losing sleep over. Let's give em everything we've got!!!!!!

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Hi Esile, I'm with HSBC and they will definitely have a record of your father's signature so I would fight that. I've read quite a bit about 'parachute accounts' (opening new bank account when having a fight with existing bank) and it looks to me as if Citibank are quite good for those with less than perfect credit histories. Nat West too.

 

Also have you thought about putting in a claim for bank charges now anyway, because those who can claim hardship are not put on hold. The CAB could advise you, but there's good advice reclaiming on this site. Meanwhile, I sympathise with you. I honestly believe that the darkest hour is before dawn, you know. Not strictly debt related but I had tenants in my flat who moved out in November. I struggled to find new ones and over the Christmas period a nasty neighbour put superglue in my Ingersoll lock; cost £200 for new barrel and locksmith - and they only did it again almost immediately. However I thought they might so I left the French windows locked but unbolted so was not completely unable to get in. Sorting this out made getting a tenant a severe trial and we were living on student fare withut the vital rental income until the beginning of this month. It was grim, and I was very low about it, but now our luck seems to have changed, and I won a PPI case too. I must say 15 phone calls is ludicrous; they really are not allowed to harrass you like this; quote section 40 at them! Hugs, MG

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Thanks MG! I can always rely on you for support!

 

I have not really had many bank charges unless I go back to my old A&L account- can I do that? If so what would I have to do?

 

I am getting lots of letters from the credit cards now, all charging me for late payment and over limit charges because I have not made their minimum payment. Are they allowed to do this whilst I am waiting on their CCA? I have only had the two back that I have posted on here. Sky which would appear ok and Barclaycard which was just a copy of their t and c's from 1997.

 

So, can I write to each one saying stop calling me and you cannot charge me until you have complied with my request? If so, is there a template?

 

Thanks

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Hi Esile, sorry but I don't know anything about the CCA process; someone else will be along I'm sure.

 

It would be worth going for a claim with A & L yes; there are template letters elsewhere on the site and you'll also need to read about hardship claims. If I find anything particularly useful for you I will forward the link. Might not be until tomorrow though as I'm working today! MG

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Thanks MG! I can always rely on you for support!

 

I have not really had many bank charges unless I go back to my old A&L account- can I do that? If so what would I have to do?

 

I am getting lots of letters from the credit cards now, all charging me for late payment and over limit charges because I have not made their minimum payment. Are they allowed to do this whilst I am waiting on their CCA? I have only had the two back that I have posted on here. Sky which would appear ok and Barclaycard which was just a copy of their t and c's from 1997.

 

So, can I write to each one saying stop calling me and you cannot charge me until you have complied with my request? If so, is there a template?

 

Thanks

 

Hi esile,

 

They will apply charges despite the CCA request, I'm afraid. They're not supposed to, but they do - it's against the OFT guidelines on debt collection, but they are just guidelines.

 

With regards to the loss of rent (in your earlier post), are you aware that you can insure against this? Homelet are one such company that offer this guarantee.

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Hi Underdog

 

Thanks for your post.

 

So I cannot write to them and ask them not to apply charges? I am going to write anyway because the phonecalls are getting ridiculous now.

 

I wasn't aware of the insurance for loss of rent in time to take it out on that tenant but I since have done with all my other tenants.

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Hi

 

I have received my nationwide statement today and they have taken my £1 postal order and put it on as payment to my account although my letter made it clear that it wasn't to be used for anything else!

 

What do I do now? Should I wait to see what happens about my CCA or should I contact them now about it?

 

Thanks

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