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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
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BT refuse my offer of payment: Help needed please


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I received a letter from BT on Saturday informing me that as I had failed to pay my bill they were passing it onto a debt collection agency unless I paid in full.

 

The bill was first sent to me back in February, and because I am on benefits, I explained that I could not repay it in full. They replied that I had 28 days to do so. This was still impossible for me and so I asked if they could extend the repayment term. They failed to reply.

 

I therefore asked them today if I could repay it at the rate of £5 per month (the bill is for £95 - they have added interest and other costs, most of which I do not understand). They replied that they cannot accept my offer and the matter will be passed to a debt collection agent, but then added that if I repay it in full within 28 days they won't pass it on.

 

Is there anything I can do? I am on Incapacity Benefit as I suffer with agoraphobia and anxiety and am under my doctors care. Thank you.

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They are obliged to deal with cases of hardship in a sympathetic manner. However they are under no obligation to accept your offer:

 

If the bill (per quarter?) was £95 and due since February, you're asking to discharge a bill for three months service over 19 months. If you were BT, you would question the customer's capabilty to meet future bills on time if that is the limit of affordability.

 

What you don't say however is how much the original bill was for. Late payment charges of say £7.50 may well be unlawful and you may be able to argue that you do not need to pay them. However and regardless, you have defaulted on the agreement you had.

 

It may well be better for you to mutually agree to cancel the line (depending on the length of the contract remaining, if any, and charges for that) and get a PAYG mobile instead.

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The original bill was for £60 for a quarter. As I have already explained, I contacted them at the time and asked for more time to repay the sum but they weren't interested. I then heard nothing more from them until last weekend, even though I had contacted them myself in the mean time.

 

I understand what you are saying, but I still think it unfair that they won't even consider the offer I have made and would rather send it to a dca instead.

 

It is my understanding that by law the dca and even the courts if it got that far, could only expect me to pay around £1 per month as I am on benefits, so my offer to BT would save them a lot of time and money.

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If you are on benefits, you should be on BT's Basic tariff, however the issue of what BT or a DCA is prepared to accept is a non-starter. These days, the debt itself becomes a commodity, and it is sold on to third parties who will pay BT perhaps 50% of the debt, and pursue you for the rest, whilst wrecking your credit file in the process. The prospect of going to court is slim to negligible.

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  • 3 years later...

In May of this year I signed up for BT Vision. I had nothing but problems with it and after a series of emails between me and their offices, they agreed to close my account in August with no cancellation fee. However, I decided to keep my phone and broadband as at this point they were okay. Shortly after this the broadband itself started playing up and there were also some minor issues with my monthly bill.

 

I have now asked if I could cancel and switch to another provider as I am not happy, but they have replied (in a snooty email) that as they have dealt with my earlier complaint, if I cancel and switch they will charge me £190 as a cancellation fee.

 

What I want to know is if I have any redress against them over this as my experience on the whole since May has not been a good one?

 

Could I for example, take them to the small claims court and claim my monthly payments back for the time when I had BT Vision?

 

Thanks in advance.

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1st step is to follow their complaints procedure to it's completion (as if it reaches this far it will actually cost BT for the ADR (alternative dispute resolution) to look into things.

 

Their complaints code of practice is located here

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

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