Jump to content


  • Tweets

  • Posts

    • No, do the section 75 chargeback to your credit card provider.
    • See what dx thinks but it seems to me that sending a photo of your own pass isn't relevant to what happened. Let's wait and see what he says. HB
    • 1st letter image.pdf1st letter 2nd page.pdf
    • Many thanks for the replies and advice!   I what to send this email to the Starbucks CEO and the area manager. Your thoughts would be appreciated.   [email protected] [email protected]   Re: MET Parking PNC at your Starbucks Southgate site   Dear Ms Rayner, / Dear Heather Christie,   I have received a Notice to Keeper regarding a Parking Charge Notice of £100 for the driver parking in the Southgate Park Car Park, otherwise infamously known as the Stanstead Starbucks/McDonalds car park(s).   Issued by: MET Parking Services Ltd Parking Charge Notice Number: XXXXXXXXX Vehicle Registration Number: XXXX XXX Date of Contravention: XX.XX.XXXX Time: XX:XX - XX:XX   After a little research it apears that the driver is not alone in being caught in what is commonly described as a scam, and has featured in the national press and on the mainstream television.   It is a shame that the reputation of Starbucks is being tarnished by this, with your customers leaving the lowest possible reviews on Trustpilot and Trip Advisor at this location, and to be associated with what on the face of it appears to be a doubious and predatory car park management company.   In this instance, during the early hours of the morning the driver required a coffee and parked up outside Starbucks with the intention of purchasing one from yourselves. Unfortunately, you were closed so the driver walked to McDonalds next door and ordered a coffee, and for this I have received the Notice to Keeper.   It is claimed that the car park is two separate car parks (Starbucks/McDonalds). However, there is no barrier or road markings to identity a boundary, and the signage in the car park(s) and outside your property is ambiguous, as such the terms would most likely be deemed unfair and unenforcable under the Consumer Rights Act 2015.   I understand that Starbucks-Euro Garages neither operate or benefit from the charges imposed by MET Parking. However, MET Parking is your client.   Additionally, I understand that the charge amount of £100 had previously been upheld in court due to a ‘legitimate interest in making sure that a car park was run as efficiently as possible to benefit other drivers as well as the local stores, keeping cars from overstaying’.   However, this is not applicable when the shop or store is closed (as was the case here), as there is no legitimate interest. Therefore, the amount demanded is a penalty and is punitive, again contravening the Consumer Rights Act 2015.   As the driver’s intention of the visit was genuine, I would be grateful if you could please instruct your client to cancel this Notice to Keeper/Parking Charge Notice.   Kind regards
    • I received the promised call back from the Saga man today who informed me that the undertakers have decreed it IS a modification and they will need to recalculate a quote individually for me. However it all sounds very arbitrary. The more I think about it, and with help from forum replies, the more I am sure that it is not a modification. If for example the original seatback had become damaged by a spillage or a tear, I would be entitled to replace it with the nearest available part. The problem is when it comes to a payout after an accident, there is no telling what an individual insurer will decide when he notices the change. I am still undecided which of the two best routes to go with, either don't mention the replacement at all, or fill in the quote form without mentioning, and when it comes to buying the insurance over the phone, mention it at the time.
  • 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

Kriskros -v- Morgan Stanley / Barclaycard


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

Thread Locked

because no one has posted on it for the last 5318 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

Hi Everybody,

 

This forum is doing a fantastic job and I am personally grateful for the masses of info that I have already gleaned from here - and still learning. Thank you all

 

I have recently sent CCA requests to Barclaycard "Cashback" (old Morgan Stanley card), Egg, Citibank and RBS. I had some encouraging waffle from Barclays (but no mention of M/S) and they are now way over the twelve day deadline. I am sending a follow-up letter to them today and in the spirit of these forums, I will keep you informed of progress

 

No response from the others yet so while I'm waiting I am going for BOS, Capital One, Nationwide, MBNA and Alliance and Leicester

 

Kriskros

Link to post
Share on other sites

  • Replies 53
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Kriskros and welcome to CAG.

 

I've moved your post into your own thread which you can use to update us and discuss your case.

 

Read other threads here and you'll learn plenty. :D

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

Thanks Slick. I am just sending a CCA request to my favourite old enemy MBNA for and old account. They did some dispicable things to me over the years and finally closed it in 2007 with no good reason - and without telling me! Should be interesting. Cats amongst pigeons spring to mind.

Link to post
Share on other sites

Oh thanks for that noomill. Just in the nick of time. I haven't posted it yet so I will leave it for a few days while I do the SAR learning curve

Back to the board then

Link to post
Share on other sites

  • 1 month later...

Well...

Been lying low for a while but up and at em again now. Thanks for your recent advice guys and here is the story so far. It's shaping up very much like the tale told by Noomill060 actually

22-05-09

I wrote to Barclays asking for CCA agreement enclosing a £1.00 postal order. (The account is one of those they inherited from Morgan Stanley)

Picasa Web Albums - notintune

 

08-06-09

Received a reply from Stacey Atkinson. "We must supply you with a copy of your executed agreement and a statement of account. Below is a statement of account." It them lists the credit limit, the current balance and the next minimum payment. It also states that "a copy of your CURRENT credit agreement will be sent under separate cover" and "this completes our obligation to you."

Picasa Web Albums - notintune

Picasa Web Albums - notintune

The following letter arrived on 13th June.

13-06-09

This letter is from Elaine Mockler and it states "enclosed are your Barclaycard Terms and Conditions." This consists of three pages of a photocopied Barclaycard standard T&C document with no mention of me personally and no hint of anybody's signature.

Picasa Web Albums - notintune

Picasa Web Albums - notintune

Picasa Web Albums - notintune

Picasa Web Albums - notintune

25-06-09

I wrote to Barclaycard with more or less a standard letter from this forum stating that I have stopped the payments until they produce something a bit more realistic. etc etc.

Picasa Web Albums - notintune

Picasa Web Albums - notintune

 

02-07-09

I received a letter from Chris Brown stating that he notes my non-receipt of requested document made under s78. He went on to say that "the documents required for us to complete our obligation to you under s78 were dispatched on 03-07-09. This is strange as I have never said that I had not received any documents.

Picasa Web Albums - notintune

Since then I have been inundated with a mixture of telephone calls - both from automated machines and from people with barely understandable accents who seem to struggle with the Queen's English. I also have harassing calls and text messages on my mobile - sometimes in the early hours of the morning. I try and ignore them as much as possible.

01-08-09

This is their best one yet. I received a letter from Zara Woods today. She said that "We have exercised our legal right to set off the arrears on this account against your BARCLAYS account!" She says that they can do this as Barclays and Barclaycard are one and the same. She goes on to say that "as your account is no longer in arrears, your Credit Reference Data File will be updated accordingly!

Picasa Web Albums - notintune

 

Its time for the gloves to come off. I think I know the way ahead but any advice or pearls of wisdom from our more experienced caggers would be appreciated

Link to post
Share on other sites

They are not only saying it noomill - they had already done exactly that BEFORE they wrote to me! I'm speechless with amazement. The "good news" is that I am not in arrears any more and my CRA records have been updated accordingly! What a bunch of lowdown crooks. I will write to them tomorrow but not quite sure what to tell them

Link to post
Share on other sites

Thanks for help. Couple of things I am confused about.

(a) We are advised by CAG not to sign a CCA request and send a postal order but a SAR on the other hand should be signed and a cheque enclosed

 

(b) I have four accounts with Barclaycard, incuding one ex-Goldfish which is zero and not used since BC took it over. I am assuming that the SAR should cover all of them in one letter. Does the one £10.00 fee cover all accounts do I need to send £10.00 for each account?

Link to post
Share on other sites

Hi, One SAR for all personal data they hold is enough. The SAR is not specific to any one account- it is a request for ALL the info they hold on you, so only one SAR and one tenner is required.

 

Sign it, but not in your usual way. I write it in my left hand, backwards last letter of my surname first, then work backwards from right to left!

Edited by noomill060
Link to post
Share on other sites

A SAR to Barclaycard is on its way. In the meantime, should I should report them to somebody for blatantly helping themselves to money from my Barclays bank account?

Link to post
Share on other sites

Oh bugger!

I have had similar results AFTER I requested CCA for another Barclaycard account - including a 3 page photocopy of what seems to be their standard T&C - with one page blank exept for a rubber stamp "AUGUST TO DECEMBER 1999 BARCLAYS T/C"

I am about to stop the standing order on this account and send a standard follow up letter stating that they are in breach... etc.

I'm now wondering if I should just wait for the results of the SAR instead

All the correspondence regarding this account is here:

Picasa Web Albums - notintune - BAR499002

 

I would be grateful if you would take a peek

Link to post
Share on other sites

I have had all sorts of problems obtaining a signed agreement. BC and Mercers claim that this is all they have to send in order to enforce their agreement. They refuse to send a copy of the cca.

 

It would appear that this is the standard response (just terms and conditions from anything to do with Barclaycard. I have been told by a number of people, including a debt charity that they are in breach, but Barclays being Barclays, do not appear to follow the rules and act outside the law.

 

I can get the courts to order an agreement but it would be better as a collective to force the oft to do something about it.

 

Are there any action groups against Barclays.

Link to post
Share on other sites

I have had all sorts of problems obtaining a signed agreement. BC and Mercers claim that this is all they have to send in order to enforce their agreement. They refuse to send a copy of the cca.

 

It would appear that this is the standard response (just terms and conditions from anything to do with Barclaycard. I have been told by a number of people, including a debt charity that they are in breach, but Barclays being Barclays, do not appear to follow the rules and act outside the law.

 

I can get the courts to order an agreement but it would be better as a collective to force the oft to do something about it.

 

Are there any action groups against Barclays.

 

I beleive there was one CAGGEr who got his agreement after a complaint to the FOS, perhaps if you word the complaint right they might intervene. Some FOS cases take as little;) as 3 months to be concluded.

 

S.

Link to post
Share on other sites

The user was Bradley and the thread is here - http://www.consumeractiongroup.co.uk/forum/barclaycard/201069-barclaycard-bradley68.html

 

However, despite the FOS intevention, BC has so far continued to stall.

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 TS,

 

When Bradley first posted about the success with this through the FOS, I suggested to other users that this could be a viable route to get their credit agreements.

 

It certainly looked like it had worked for Bradley at the time. However, when further details emerged, we saw that BC continue to frustrate peoples' efforts.

 

I'm sure some will have complained and, in time, we'll see how they get on.

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 TS,

 

When Bradley first posted about the success with this through the FOS, I suggested to other users that this could be a viable route to get their credit agreements.

 

It certainly looked like it had worked for Bradley at the time. However, when further details emerged, we saw that BC continue to frustrate peoples' efforts.

 

I'm sure some will have complained and, in time, we'll see how they get on.

 

Hmm I see :-( not good.

 

Well after having personal experience of an FOS adjudicator with my MBNA account she ignored the actual complaint and attempted to work the differences of the two parties to a mutual conclusion.

 

For me in that instance this worked but if it was to get sight of the agreement and Barclaycard are digging there heels in I feel it will be a "why do you need it kind of question" to anybody who complains. Fingers crossed I'm massively wrong tho.

 

S.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...