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    • Hi All, newbie here, hope I'm doing this correctly.   Two years ago the wife was using my car and bought a ticket in a train station car park and displayed it on the dashboard. She returned to find a parking charge notice from Excel. It was a very windy day and it had evidently been blown on the the floor of the car as she left. It did not have a self adhesive part to stick to the window. I subsequently followed their online claim procedure and sent a copy of the ticket but the claim was refused. A couple of days ago I received the County Court Business Centre claim form in the post after presuming it would go away after not hearing from them for about a year (the usual threatening letters from debt recovery companies etc).   I wish I had paid the original £20 as this has been a big worry and hassle, but I just ignored most of the letters after reading stuff online. Obviously I want to dispute the whole of the claim but do I have a decent defence? I would cite the fact that the only reason the ticket was not displayed was that it could not be stuck to the window.   Any help and advice would be greatly appreciated.   Name of the Claimant : Excel Parking Services   Claimants Solicitors: Unknown   Date of issue – 08 July 2020   Date for AOS - 27 July 2020?   Date to submit Defence - 10 August?       What is the claim for – Breach of contract - parked without clearly displaying a valid parking ticket in Brewery St car park, Chesterfield on 02.07. 2018. Defendant has failed to settle the outstanding liability and Claimant seeks recovery of of the parking charge notice, costs and interest       What is the value of the claim? £185.00
    • I have had a letter from RBOS saying they have assigned my debt of £3600 to Cabot however it must be at least 6 years since i did anything with this debt, the letter was sent to my old address.   i have had a look around on the site but cant see a FAQ to do with these issues ( probably me not looking the right area)  .   can anyone advise me on what the next steps are as i assume this debt may be statute barred ? but im loath to ring Cabot and go through any details with them and would rather do it via letter.   as back ground i have other debts with other banks and currently have CCJ obtained via backdoor so im obligated to pay that debt. also did a stepchange thing that showed i have no other available funds to pay these other debts off.   any help appreciated
    • Hi all   It's been a long time since I've used this site, I used to be a frequent poster, mainly in the parking subforums.    I'll try and keep this as concise as possible, although it may get a bit confusing, so apologies in advance.  Also I hope this is the right subforum for such a matter, but I couldn't see anything more specific for divorces/family law.  So here goes..   My now ex-wife and I divorced last year, after our relationship broke down due to irreconcilable differences.  She initiated the divorce proceedings so was the petitioner, I was the respondent.  We informally agreed early on that she would stay at the family home (I moved out), and buy me out of my share of the house and contents.   We went to family mediation and hashed out an agreed settlement figure that we were mostly happy with.  A lump sum for the house and contents, plus she would give me the money to pay off several loans for goods on hire purchase that remained in the house, as the debts were solely in my name at the time.    I did not contest the divorce on any point, except she wanted me to pay the court costs of the divorce (£850) since she blamed me for the breakdown of the marriage.  I objected to this on the financial paperwork, stating that I was not the petitioner, plus the cause of the breakdown of the marriage were not due to adultery or domestic abuse.    The financial court ruled against me, meaning the £850 would be deducted from the final settlement figure.  I was looking to appeal against this decision which would have delayed the proceedings by several months, however in the meantime I was able to make an agreement with her solicitors to split the court costs 50:50, so we would in fact be paying £425 each.  They sent this offer in a letter headed "Without Prejudice", stating that if I was agreeable, they would submit an amended financial order to the courts with the amounts amended so I would only be paying £425 instead of £850 towards the costs.  I responded to this in writing and signed the form they sent me, initialling where the amount was changed on the financial order.   This is where it gets a bit tricky.  They then resubmitted the ORIGINAL financial order to the family with the £850 deduction still on it and promptly stopped responding to my calls and emails.  My ex wife has now paid the settlement figure, with the £850 deducted rather than the agreed upon £425.  It's a bit of an odd situation as my ex paid me basically exactly what it says on the court form, even though I made a different agreement with her solicitors.  I feel they've been dishonest in this case, whether intentionally or not but it's still left me over £400 out of pocket.    My question basically is this?  Do I have any legal recourse options available to me against the solicitor?  Does the fact that they headed the offer letter "Without Prejudice" mean that they can basically go back against their word and not honour an agreement that was made in good faith?  I've been doing my own research into this subject and it's a bit of a minefield, but I'm wondering whether I've got grounds for a complaint to the Solicitors Regulatory Authority, or possibly even pursuing them via the Small Claims Court?   Any thoughts?  If you need any more information or need me to clarify any particular points, please let me know.   Thanks in advance CD
    • That IS the question HB.   My literal quote isn't surrounded by additional perspective I commonly add and was shown as is.       "64% of the UK’s trade with all the countries with which the UK is seeking continuity,"   * It seems a given that Johnson is not seeking continuity with the EU HB   * Undoubtedly the reality is they just mean 64% of continuity with the handful of African nations that the reference was in despite it implying something else   In which case, a more accurate statement than that presented by Johnson the Liars representatives would be:   We've managed 64% continuity with a small group containing a small handful of African nations which are a small part of Africa as a whole and an utterly tiny part of world trade   and presumably, as they have singled that out for special mention to give their chosen implied perspective ... - that 64% continuity (a little over half we have as part of the European Union) the best 'continuity' deal they've managed so far with any county or block.   It certainly isn't 64% continuity of even JUST the external to the EU beneficial trade we have as part of the European Union let alone replicate the benefits with the rest of the EU   and Don't forget thats just continuity - carrying on what we currently have - and not any new or additional/improved deals  
    • Can I just ask only because I do panic about stuff like this.  More because of the affect it has on my husband.   In 2014 when my husband was at his worst and NatWest got the charging order on our house (which was then repossessed) we had to stop using our NatWest bank account which we did.  When we signed up for credit reports in January we noticed our NatWest bank account was being reported on a monthly basis so we decided to close it.  My husband and I went into a branch and closed it.  We had 4 accounts, 1 for everyday banking and 2 savings and 1 was the loan.  She said she could close the 3 accounts but obviously not the loan.  She said she’d transfer the money from the 2 savings into the main bank account and give us the money then shut all 3.  We were gobsmacked when she gave us over £1000.  We never thought we had money in the accounts.  Can this be used against us?  The 3 accounts are now shut and marked as settled on our credit file.
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Rycord

Rycord -v- Barclaycard

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Hi All,

 

Just watched Dispatches. Why didn't anyone say "just ignore the calls" ? There was also no mention of valid agreements etc? Maybe thats for another show.

 

Anyway, I'm in the same boat here, having had no agreement from them and now receiving calls from Mercers, which have so far been successfully avoided. I have read that BC will not produce agreement even if you SAR them so is there any point in doing that? I'm in Scotland so can't use CPR.

 

Also read something about Mercers being listed as a Dormant, Non Trading company. Could this be mentioned in a letter to them or will the standard "bemused" letter do the trick?

 

Thanks

R

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Hi Rycord,

 

I've moved your post into your own BC thread to avoid hijacking. :)

 

I don't think the Dormant Co angle is a useful one to work with personally.

 

Ignoring the CCard Co's, when the refuse to produce credit agreements, is a good tactic but may end up with a Default Notice and a court claim against you.

 

But at least then they would HAVE to produce the agreement. And ofter they do not.

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Thanks Slick,

 

So in the meantime is a SAR to Barclaycard and a "bemused" to Mercers appropriate or do I just leave the ball in their court?

 

There is usually 1 or 2 attempted calls per day from Mercers.

 

R

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I assume you have already sent BC a CCA request, and received the usual rubbish in response.

 

A SAR may be useful if there are any penalty charges on the a/c, which you can reclaim in full.

 

Send the "bemused" ltr to Mercers and remind them that all calls are now being recorded and logged with time and date for possible further action against them for pursuing while the a/c is In Dispute.

 

You could also incorporate the content of the phone harassment ltr but adapt ot so it all makes sense. :)


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Yes, you are right. I have received the same rubbish as everyone else in response to my CCA request.

 

Will send SAR and "bemused" and post back with any updates.

 

Should I make sure SAR specifies that I want a copy of agreement?

 

Thanks

R

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You can specifically mention the Agreement.

 

The SAR should include this anyway, as you're entitled to sight of all documents and info they have for you.

 

They won't send it though. :mad:


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Hi All,

 

Slick, you were right, they did not send the agreement in response to my SAR. They have just sent a bunch of copy statements.

 

Any advice on my next move is much appreciated.

 

Thanks

R

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Write back and tell them you're concerned that they've failed to include a copy of the credit agreement, to which you are entitled.

 

Give them 14 days to supply it. (They still won't but then you can complain to ICO or take court action for non-compliance under DP Act)

 

:)


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Hiya,

 

Before I reply to them, I've just noticed that the letter with the statements says "The information we have enclosed relating to this account is all that we hold".

 

Should I ask them to confirm that they do not hold the agreement?

 

Thanks

R

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Sure, you could say :-

 

I refer to your reply dated xxdate in response to my SAR of xxdate.

 

I note that you have not included a copy of the executed Credit Agreement which is an important document and one which you are obliged to supply along with all other data held about me.

 

Please send the agreement to me within 14 days, or confirm that you do not have this document.

 

If you fail to respond within 14 days, I will refer the matter to the ICO and may also take court action regarding your refusal to comply with the responsibilities placed upon you by the Data Protection Act.


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