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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Reapstar
      SAR distress claim against Parking Eye

      By Reapstar · Posted

      Thank you
    • jk2054
      SAR distress claim against Parking Eye

      By jk2054 · Posted

      Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • Reapstar
      SAR distress claim against Parking Eye

      By Reapstar · Posted

      What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • lookinforinfo
      EPC ANPR PCN - St Nicholas Street, Weymouth DT4 8AD

      By lookinforinfo · Posted

      I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • dx100uk
      One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.

      By dx100uk · Posted

      please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

I think I may have annoyed Mercers a little!

jdmgraphix

By jdmgraphix
in Debt Collection Agencies

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workaholic duck

workaholic duck

Posted
Posted

This is a case of all of us naively assuming big companies work within the law.

I haven't actually got a thread of my own, jdmgraphix, joined in with gardengal, because we both had pre-1974 BC's without agreements in line with CCA1974.

Loads of advice on here and I've just read, sent appropriate letters and filed all their assortment of replies (with envelopes), threats, illegal default notice, logged all calls (never speak). Building up every bit of evidence to show the courts if I decide to take it there (or if they are stupid enough to take me).

It's only a small debt so I can afford to bide my time, waiting for them to get caught. Your discovery is priceless, though!! Wonder if more of us should complain to CH? Would it help? We have a guest arrived.....

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Seminole

Seminole

Posted
Posted
Nothing from Companies house so far....

 

Do you think i should e-mail them and ask how it is going?

 

I'd give them a week to deal with this. They will no doubt be making enquries with Barclays.

 

Does anyone have a document from Mercers or Barclays dated before 1 January 2009 asking for payments to be made to Mercers Debt Collection Limited?

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workaholic duck

workaholic duck

Posted
Posted

2 months on...Mercers, to Calders, now Westcot (at the exact time I gave them the 7 day final notice to supply SAR's in full!!). So far, I have put the a/c in dispute after CCA request/fee, refused to pay, sent them 2 CPR letters, SAR letter/fee, which only produced statements. Last week sent the LBA to which I got this (old pre 1974 a/c) passed to Westcot - who then sent me a bully boy letter threatening usual stuff.

 

In addition, a 'polite' letter from B'card relating to my new(er) a/c, with ref. to my CCA request (re-iterating why they don't have to send me one) and ref. to my CPR letter, saying they don't have to supply anything in my case!! No mention of data, which is what the letter was for....

 

I've read so much on these forums and thought I'd done everything in the right order - I have a massive file with everything kept, dates, phone logs, copies of all letters/envelopes. The DCA call every day but I just log it, NEVER answer.

 

Please can someone help with my next step?? I think it's time to act but do I tackle B'card head on or just take it to court? Should I first report them to the ICO, FSA etc. to show the courts I have done ALL I can?

 

I know they won't have an agreement for the oldest card(pre-1974) but the newer one was opened in 2003. They sent me statements from the beginning - very few charges on that one - but I am paying an agreed lower amount each month for a tiny interest charge, so don't want to upset them too much. At least that balance is reducing. I was able to negotiate because they closed that a/c without explanation, which made me cross, so I pleaded poverty and they agreed to half the min pmt + 0.25% int. But now, I suspect there is NO agreement for this one by the way they are reacting....?? Wonder if that's why they closed the a/c 'at random' (which was their explanation at the time).

 

Going back to the oldest a/c (in dispute, with DCA, no payment since last April) I did a charge schedule, with interest, which comes to pretty much the same as the 'alleged' debt. We're only talking 1k here, but over half are for £12, can I still claim these? There seems to be uncertainty here.

 

So, I feel I have several modes of ammunition but i really need someone cleverer than me to help put them in order, please!!!

 

I know B'card are the toughest. Lloyds were lambs in comparison - SAR's complete with statements, personal details, phone logs - everything, all sent by carrier within 40 days. So, why can't B'card do it??? Also, Santander (GE money) have just ignored my SAR letter, not cashed my cheque, not responded to my LBA!!! Their time is definitely up but that's another thread.

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surprise

surprise

Posted
Posted

Post #28 - I have letters in 2007 and 2008 from Mercers and they ask for payments to be made at either a Barclays Bank, visit their website or send a cheque with barclay account number on reverse doesn't say who to make the cheque out to.

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