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    • OK thanks for that.   I have no prior correspondence with EXCEL and therefore have not admitted being the driver. As it happens, I wasn't.   They have not responded to my initial request for documents and therefore I have no details on planning permission. I guess I'll assume and assert that they haven't in the absence of them providing proof to the contrary.   Meanwhile, I've had a letter from EXCEL offering a reduced payment. I will attach this.   I'm wondering whether I should ignore the letter or respond. I will not accept the offer.   
    • Thanks for all responses I’ve been looking at other threads and now feel totally confused as I’m scared of actually having to go to court as I have no idea how to defend this! Torn between just setting up a payment plan and not wanting them to win! 
    • Thanks so much!    1. on planning permission my WS says: The signs did not have planning permission under the Town and County planning.  I have an email stating there was no planning permission from the council. The signs do not fall under deemed consent.  * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the  county court to determine planning permission.   2. Excel are trying to say I’m dishonest.  Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   This is Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge    Q Any comments?      Their WS states that I alleged I received no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside and part of why it was granted. Evidence was provided at that time. Q Is this going to come up again?    *Also they question how I would be able to comment on the signs if I’m not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous.    I state that photos will be provided in my bundle. I actually haven’t submitted any but I do also know somebody who had PCN from the same carpark,   He gave me all his evidence etc, Mr Booth and he won his case. I linked to the parking pranksters article on it.  Q So is it ok to use such websites and to use photos from someone else?    Thanks    I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply   This is the link to Mr Booth case who won on the signage  Also the PCN is completely blurred and illegible in their WS evidence  Is this another point?    I have his his email regarding planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent     http://parking-prankster.blogspot.com/2017/01/excel-parking-v-booth.html?m=1   He had a number of lines of defence, but focussed on the poor signage in the car park. Excel Parking used BW Legal who hired a local solicitor to turn up. She wasn't that well prepared and had not bothered to bring printed copies of the case. When the Judge asked her to refer to defence photographs provided of poor signage she used her phone. Mr Booth admitted that he never bought a ticket - but this was because he never saw the signage signage in the first place and so no contract was entered into. Excel provided pictures of the signage, date stamped for August 2015, but the event was in March 2015. They also provided at the last minute a witness statement from the landowner stating he gave authority, date stamped September 2015. The PCN they sent in their Witness statement was a photocopy and completely blurred and illegible. Mr Booth's arguments were that; 1. Poor signage - there were "staff only" parking signs on the building wall next to where he parked - he questioned the claimant's right to sue someone parked against these bays 2. He questioned their authority to act on behalf of the landlord 3. He questioned whether the signage had planning consent. The Judge followed this through with Excel's representative: "Did they have a contract which said these bays were exempt or not exempt from Excel issuing tickets on the vehicles parked? As Excel had not bothered to supply a copy of the actual contract, the solicitor could not confirm either way. Regarding. planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent, and that there was no planning application on file. The judge said if Mr Booth had only brought this point up he may have found differently. The judge clearly had doubts about the signs where any reasonable person would think the same and that the "staff only" signs would not lead them to think there was a requirement to buy a ticket. He took a recess for 10 mins then made his judgment. Claim refused - the parking signs cause confusion , and there was prof there was a contract which allowed the charges claimed. He went on to state that he was staggered that serial claims companies like Excel do not take a photo of the signs at the time of erection. Why do they wait until litigation to take photos. There was no evidence that the signs were there at all on the date.    
    • Not anymore now that the right have manipulated voters into voting for a conservative dictatorship.   All of what you've said is just another worrying aspect of what the future holds 
    • Just like all the rubbish spouted over the past 4 years, would, would, would.  What you really mean is COULD.    
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Gaznkaz08

Are overdrafts covered by cca's

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Hope ok to join the gang on the this one ...

I have a odraft with Nwide for quite a few pennies ... they have now decided that they are cutting the authorised od by half ... and gave me 3 weeks to repay the required balance, which isn't a small amount ..

The od limit has increased steadily by them over the years, never by my signing of anything, but it is only in the last year I have had to use it (long story), my account is over 20 yrs old.

They have reduced it as they say I have exceeded my limit, which was only temporary and wholly down to their charges for bounced ddms .. and then because it took me over my official od limit, then added more fees for exceeding it ..

I have stopped my salary from this month going into this account, as otherwise I would have nothing to pay mge etc, so no doubt they will now want the lot back ... already receiving numerous phone calls a day, starting a 8am and finishing at 9pm ... I don't answer, and they dont leave a msg but I know its their number.

Have read this fab thread, but wondered it I could ask how you guys would play this one .... ? :confused:

 

Hi Abby,

Sounds interesting, have a few ideas for you already, nothing miracle like but good all the same :D.

 

Do you have a seperate thread for this?


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Hi Gaznkaz,

Quick question. What year is this Barclaycard agreement from...if you can even recall?!

 

 

erm this is our overdaraft thread, you sure got the right thread??:)

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Hi ...

Thanks Em ... will do one now .... ;)

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erm this is our overdaraft thread, you sure got the right thread??:)

 

Oops, just re-read the whole thread! Too much going round my head. You have a good thread going on here, looks as if you've got a lot going for you at the moment. Will be watching this to see how you get on :)


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Hi all ....

Having had a good read through this one, is it generally agreed that you can CCA the bank for the od part of your account?

I started my own thread on this as not to hijack, but the couple of responses I have had say that the CCA legislation doesn't cover bank accounts full stop, and I would be best to try and arrange a repayment plan with the bank.

Any thoughts or help?:confused:

Thanks .... Abs xxox

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just reading the OFT guidelines and noticed this

 

2.6 Examples of unfair practices are as follows:

 

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

 

is this a clear breach then, DLC are the DCA we have CCA'd and hillesdean securites are the ones who have replied so far?

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You're quite right but getting anyone to act on such complaints is another matter. Seems that such practices are so common that the regulatory bodies just roll over and play ignorant to such complaints. No law for the banks, lot's of laws for the rest of us.


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should we write to hillesden asking why they have replied to a CCA request that wasn't sent to them??

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sorry to be dumb :rolleyes: but is there a template to cca the banks re overdrafts?? thanks x

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should we write to hillesden asking why they have replied to a CCA request that wasn't sent to them??

 

It's probably been mentioned before, Faccenda Poultry farmers own both Hilleseden & DLC. They seem to get some what confused as to who they work for as i've got email addresses for the same staff members at all three domains!!

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It's probably been mentioned before, Faccenda Poultry farmers own both Hilleseden & DLC. They seem to get some what confused as to who they work for as i've got email addresses for the same staff members at all three domains!!

 

 

i gathered they were the same firm, thats why i was gonna play dumb and ask why they sent me the letter instead of dlc, if i can get them both dealing with the same thing thats a breach of OFT guidelines i can mention :D

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i gathered they were the same firm, thats why i was gonna play dumb and ask why they sent me the letter instead of dlc, if i can get them both dealing with the same thing thats a breach of OFT guidelines i can mention :D

 

I think Pretending to be different companies when they are clearly the same company is also against OFT guidelines. So complain about it different companies first then complain about them pretending to be different companies when they aren't.

Really they are wrong whatever way you look at it!!!

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anybody....please...wanna get Abbey off my back.Sooooo are overdrafts covered by a cca request and if so where can i please find the template :p

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anybody....please...wanna get Abbey off my back.Sooooo are overdrafts covered by a cca request and if so where can i please find the template :p

 

 

i used letter N from here

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

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thanks :D

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hello, there follows an extract of the post #64

 

Section 65 in Part V of the Act provides that an "improperly executed" regulated agreement is unenforceable by the creditor without a court order. It is common ground that a regulated agreement is "improperly executed" for this purpose if the requirements of sections 57 to 63 have not been complied with.

 

to me ' unenforceable without a court action' (extracted from the above) means that even if a written agreeement does not exist the court can still make an order to enforce the od.

 

Please forgive me if i am being thick, but, if the above is correct, why are we bothering the banks with cca's and dn's when we clearly wont be able force the od's into an unenforceabloe poisiton.

 

i hope to be corrected on my view as i have a very large overdraft which is now with RMA, and i need to get it under my control . BAB

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i had a reply from hillesdean today the same as the wife's saying they are contacting barclays for the CCA

 

i thought sod it and phoned them to ask why i was getting mail from hillesdean when i CCA'd DLC, apparently DLC trade as hillesdean or visa versa she seemd confused, but either way i shouldn't have got anything from hillesdean and when i asked why one letter from DLC had hillesdean as the client and that it was against OFT guidelines to use to different names for the same debt she said she couldn't comment and got a bit flustered

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we've had an undated "arrears letter" from DLC on one of the accounts, so i called to ask why are they chasing arrears on an account thats in dispute, she said she could see on the screen that the accounts on hold and that the letters must've crossed, i pointed out that was unlikley as they signed for the dispute letter over a month ago.

 

anyway the only news is that the "loan" account according to them is on hold:-D

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It's probably been mentioned before, Faccenda Poultry farmers own both Hilleseden & DLC. They seem to get some what confused as to who they work for as i've got email addresses for the same staff members at all three domains!!

 

You'll probably receive the standard cut & paste "Pay up or else" threatagrams from DLC and any other bumf that actually addresses your letters from

Hillesden (usually signed A E Locke - Director & Data Controller).

 

When corresponding to these people we address it to: Hillesden Securities T/A DLC. I think they should stick to what they do best; stuffing chickens :-)

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Well I sent a CCA to Abbey 17 days ago and have had nothing,please remind me what template letter I send next :D

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Well I sent a CCA to Abbey 17 days ago and have had nothing,please remind me what template letter I send next :D

 

have a look for an account in dispute or failure to comply with a cca request letter

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we've had another letter again from HILLESDEN SECURITIES

 

img051.jpg

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I've just had the same letter from Hillesden.

 

It seems they are trying to confuse people into believing that they can do something.

 

I am going to write to them and inform them of my current situation first (which has changed dramatically) and then point out why this letter means sod all - ie I have made a cca request that they have not complied with and without the said agreement it is unenforceable (which they acknowledge) and therefore they are wasting their time and mine. Their collections team have already heard everything I want to say because I said it at the start and I'm not repeating myself. No agreement is no payment.

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I've just had the same letter from Hillesden.

 

It seems they are trying to confuse people into believing that they can do something.

 

I am going to write to them and inform them of my current situation first (which has changed dramatically) and then point out why this letter means sod all - ie I have made a cca request that they have not complied with and without the said agreement it is unenforceable (which they acknowledge) and therefore they are wasting their time and mine. Their collections team have already heard everything I want to say because I said it at the start and I'm not repeating myself. No agreement is no payment.

 

 

yeah to be honest the mcguffick case was based around a debtor taking on a bank about reporting to credit ref agencies, not really being able to make you pay if there's no paperwork

 

just confusing tactics

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