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    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
    • Hi DX, Sorry, fell asleep as I was up all night last night writing that statement. Yes, I attached the rest of the witness statement on post 50, bottom of webpage 2. That's the important part.  It looks like the lawyer who wrote Erudio's Witness statement does not work for them any more. So, I'll have another lawyer representing instead. Not sure if I can use Andy's hearsay argument verbally if that happens.... I did not put it in writing. Apart from not sending deferral forms, my main argument is that in 2014 Erudio fixed some arrears mistake that SLC made and then in 2018 they did the same mistake, sent me confusing letters. What is the legal defence when they send you confusing material?
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AK Claimform - MBNA card 'debt'


MeeBroke
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Thanks for this Vic but not sure that legislation applies to my situation (or actually what it means)? Do you think it does or could you help me understand it a bit?

 

Thanks

MB

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Hi MB

 

I take it to mean that if a DCA demands that payment be be made to them rather than the OC then somebody (either they or the OC) needs to provide notice of assignment and in so doing they assume responsibility for consumer rights compliance (including CCA) which would extend to lawyer goons acting on their behalf; this applies whether they have bought the debt (which was always the case) or are merely collecting it.

 

Now, I have yet to encounter a collecting DCA who will comply with the European Credit Directive (which is UK law). I should state that I am in a minority of one or two (if Tingy is extant) in advocating this. I hasten to add that I would not ask such a question if I believed that said DCA had actually bought the debt because a quite different game plan would apply.

 

x

 

v

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Hi Meebroke,

 

I have only had one LBA and I knew it was not an idle threat, there is (and should be) a major difference so that you will know they mean business IMO.

 

I don't think many people scan their letters on here now because of the concerns over the identity issue so it isn't always easy to decide whether the letter is an idle threat.

 

Hopefully someone will advise that has has a similar letter

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  • 3 weeks later...

Just a quick update to say I've heard nothing again from Experto for a while. We've actually had to change our landline number, which is depressingly hard to believe.

 

So far, getting involved with Virgin (who it turned out was MBNA) has destroyed our credit rating and now caused us to change our phone number which we've had for 13 years- all because we had the nerve to ask how it was possible they could treble the interest on our account.

 

We've always been able to pay them but have chosen this path on principal. I have to say my enthusiasm is waning. It's been a few years and we are not one inch closer to the end than we were at the start.

 

In summary: MBNA did not have a valid CCA. They took almost a year to reveal this. They sent a defective DN. They sold on the debt before the DN had expired. They did not send any notification of Assignment. Experto now chasing on behalf of Verde. No contact from Verde whatsoever to even say who they are.

 

And here we are, still gainfully employed paying all of our bills on time as we always have-with the slight niggle of having a huge MBNA black mark on our credit record and some cowboys called 'Experto' harassing us to the point where we had to change our telephone number.

 

MB

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Well you've avoided paying them for a few years ,a few more years and it will be statute barred anyway. I feel your pain having been in the same predicament with my mbna cards but if they want to hike an interest rate from 9% to 34% in search of more profit without responsibility then i'm happy not to pay them anything,with or without a cca.

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Its tought dotty and the fact my credit rating is destroyed makes it a bit tougher but thank god i didn't go down the route of an IVA as id'd have been properly stuffed by now. I've had no pay rise for 2 years,wont get another one for at least 2 more and i'm trying to cope with utility prices going up by 20%,food by at least 10% and fuel by as much again....................i really dont know how people with mortages and rent to apy are getting by................and if that interest rate goes up ,which it surely will then the whole lot will collapse.Capitalism left unchecked and adminsitered by the greed at all costs mentality of business will bring this economy down,its just a matter of time.

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  • 2 months later...

Well, out of the blue...a letter from someone called Fairfax threatening to take legal action on behalf of Exp Cred. Should I bother responding? It tells me that I must ring them immediately (yeah right!) or settle the entire outstanding balance before 31 October.

 

Ignore or reply?

 

Thanks

MB

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Well, it looks like the day of reckoning may be finally drawing near. I found this in another forum about Fairfax: (post 16 document) http://www.consumeractiongroup.co.uk/forum/showthread.php?317304-Help-needed-dealing-with-a-Northampton-CCBC-CCJ-claim-from-Santander-Cards-PLEASE!&p=3576556&highlight=fairfax#post3576556

 

There are two points I pick up from Fairfax's letter. The first is that they sent the letter 3 times for before proceeding to Court. The second is that Fairfax mentions in its letter that it has noted that they received no response to any of the 3 letters that were sent and that they would be making the court aware of this.

 

So, to my thinking, I should definitely respond to this letter. My intention is to lay out my position (for the millionth time) and tell them that I am anxious to proceed to court where I will robustly defend my position. Unless anyone thinks this unwise?

 

MB

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Well, it looks like the day of reckoning may be finally drawing near. I found this in another forum about Fairfax: (post 16 document) http://www.consumeractiongroup.co.uk/forum/showthread.php?317304-Help-needed-dealing-with-a-Northampton-CCBC-CCJ-claim-from-Santander-Cards-PLEASE!&p=3576556&highlight=fairfax#post3576556

 

There are two points I pick up from Fairfax's letter. The first is that they sent the letter 3 times for before proceeding to Court. The second is that Fairfax mentions in its letter that it has noted that they received no response to any of the 3 letters that were sent and that they would be making the court aware of this.

 

So, to my thinking, I should definitely respond to this letter. My intention is to lay out my position (for the millionth time) and tell them that I am anxious to proceed to court where I will robustly defend my position. Unless anyone thinks this unwise?

 

MB

 

However, you have requested these documents prior havent you.. by way of CCA1974 and also SAR ?

 

The letter from Fairfax on the other thread is purely smoke and mirors IMHO. They are correct that by filing through NBCC they have avoided having to provide documents with the claim. However, they are obliged to actually have the documents in their possession in order to take the claim forward.. so why do they say they will now ask their client? Almost certainly a defendant will make a CPR request, apart from anything else, it is their right to have sight of the paperwork on which the claimant base their claim!!

 

Have you posted up a copy of the letter you have received?

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks CB

 

The letter is identical the the one in post 39 here http://www.consumeractiongroup.co.uk/forum/showthread.php?265706-experto-credite-default!/page2&highlight=fairfax

 

I have been agressively pursuing this since 2008. I have made a CCA request (which was fullfilled after about 6 months-believed to be faulty). MBNA then sent a faulty DN. They then UR'd. I SAR'd them and resulting Comms Log proves UR. They have sent no NOA. I have kept very accurate records and responded to all written correspondence.

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Thanks CB

 

The letter is identical the the one in post 39 here http://www.consumeractiongroup.co.uk/forum/showthread.php?265706-experto-credite-default!/page2&highlight=fairfax

 

I have been agressively pursuing this since 2008. I have made a CCA request (which was fullfilled after about 6 months-believed to be faulty). MBNA then sent a faulty DN. They then UR'd. I SAR'd them and resulting Comms Log proves UR. They have sent no NOA. I have kept very accurate records and responded to all written correspondence.

 

Then I would say, you have two choices, either ignore it and let them move forward or you could bullet point your previous communications with the masses.. You say that you have received no NOA.. I wonder if the draft letter below would be of any use to you.. suitably amended of course.

 

[ATTACH]31028[/ATTACH]

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks again CB

 

Would I send that (amended) letter to Exp Cred or Fairfax?

 

I would think send it to Fairfax and copy it to Exp Cred.. :)

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks CB and MB

 

 

Im in the same boat, but will send the standard response back so they cant get me on the you are ignoring me card.

 

What do you mean by the 'standard response' Capricorn, a template from here or one of your own?

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