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    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
    • A sinister tactic known as shoulder surfing is on the rise in the UK. Fraudsters are watching unwitting people log in to their mobile banking apps over their shoulder.View the full article
    • My understanding is that they won't provide the name to me whether the investigation is Live or Closed, & I have no legal rep as I didn't have P.I. Cover on my policy, & am intending to claim using OIC.org.uk, but remain completely stuck as they 100% cannot open a claim on the portal without both the Reg. No. & Name of the other driver.  
    • thanks again ftmdave, your words are verey encouraging and i do appreciate them. i have taken about 2 hours to think of a letter to write to the ceo...i will paste it below...also how would i address a ceo? do i just put his name? or put dear sir? do you think its ok?  i would appreciate feedback/input from anybody if anything needs to be added/taken away, removed if incorrect etc. i am writing it on behalf of my friend..she is the named driver  - im the one with the blue badge and owner of the car - just for clarification. thanks in adavance to everyone.       My friend and I are both disabled and have been a victim of disability discrimination on the part of your agents.   I have been incorrectly 'charged' by your agent 'excel parking' for overstaying in your car park, but there was no overstay. The letter I recieved said the duration of stay was 15 minutes but there is a 10 minute grace period and also 5 minutes consideration time, hence there was no duration of stay of 15 minutes.   I would like to take this oppertunity to clarify what happend at your Gravesend store. We are struggling finacially due to the 'cost of living crisis' and not being able to work because we are both disabled, we was attracted to your store for the 10 items for £10 offer. I suffer dyslexia and depression and my friend who I take shopping has a mobility disability. We went to buy some shopping at your Gravesend branch of Iceland on 28th of December 2023, we entered your car park, tried to read and understand the parking signs and realised we had to pay for parking. We then realised we didnt have any change for the parking machine so went back to look for coins in the car and when we couldnt find any we left. As my friend has mobility issues it takes some time for me to help him out of the car, as you probably understand this takes more time than it would a normal able bodied person. As I suffer dyslexia I am sure you'll agree that it took me more time than a normal person to read and understand the large amount of information at the pay & display machine. After this, it took more time than an able bodied person to leave the car park especially as I have to help my friend on his crutches etc get back into the car due to his mobility disability. All this took us 15 minutes.   I was the driver of my friends car and he has a blue badge. He then received a 'notice to keeper' for a 'failure to purchase a parking tariff'. On the letter it asked to name the driver if you wasnt the driver at the time, so as he wasnt the driver he named me. I appealed the charge and told them we are disabled and explained the situation as above. The appeal was denied, and even more so was totally ignored regarding our disabilities and that we take longer than an able bodied person to access the car and read the signs and understand them. As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us. I cannot afford any unfair charges of this kind as I am severely struggling financially. I cannot work and am a carer for my disabled Son who also has a mental and mobility disability. I obviously do not have any disposable income and am in debt with my bills. So its an absolute impossibility for me to pay this incorrect charge.     After being discriminated by your agent my friend decided to contact 'iceland customer care team' on my behalf and again explained the situation and also sent photos of his disabled blue badge and proof of disability. He asked the care team to cancel the charge as ultimately its Iceland's land/property and you have the power over excel parking to cancel it. Again we was met with no mention or consideration for our disability and no direct response regarding the cancellation, all we was told was to contact excel parking. He has replied over 20 times to try to get the 'care team' to understand and cancel this but its pointless as we are just ignored every time. I believe that Ignoring our disability is discrimination which is why I am now contacting you.     I have noticed on your website that you are 'acting' to ease the 'cost of living crisis' : https://about.iceland.co.uk/2022/04/05/iceland-acts-to-ease-the-cost-of-living-crisis/   If you really are commited to helping people in this time of crisis ..and especially two struggling disabled people, can you please cancel this charge as it will only cause more damage to our mental health if you do not.  
    • I've also been in touch via the online portal to the Police's GDPR team, to request the name of the other Driver. Got this response:   Dear Mr. ---------   Our Ref: ----------   Thank you for your request which has been forwarded to the Data Protection Team for consideration.   The data you are requesting is third party, we would not give this information directly to you.   Your solicitor or legal team acting on our behalf would approach us directly with your signed (wet) consent allowing us to consider the request further.   I note the investigation is showing as ‘live’ at this time, we would not considered sharing data for suggested injury until the investigation has been closed.   If you wish to pursue a claim once the investigation has been closed please signpost your legal team to [email protected]   Kind regards   ----------------- Data Protection Assistant    
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      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.  

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    • 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
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Laura Cooke -v- Citicard


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Ok give me 5 minutes to make some space.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Nick20045 are you meant to give them an extention to the 40 days read somewhere that you supposed to then give them another chance to send it? I`ve read that much your head spins with it thatnks for the above will use it if that`s what you normally do?:)

Court procedure rules state that before you can issue proceedings you have to tell the other party "also known as banks/DCAs in this case" that UNLESS THEY DO WHAT YOU ARE ASKING THEM TO DO you reserve the right to issue a court claim.

 

The law states they have 40 days to reply. So you have to allow 40 days. After day 41 you then send a letter (I prefer by recorded mail so cannot be contested.............. do not forget IF they do not comply you can now start claiming costs) giving them notice of a Letter before Action and allowing them 7 days to comply.

 

After that.......... just sue the sods. :p:p

 

I have had two DCAs (on behalf of my son who seems to love to cancel mobile agreements before time) and one got my son £300 compensation and one £240 compensation. Got one ongoing (just filed today against (believe it or not) a firm of solicitors).

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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Once a company becomes "involved" in your life. They become the Data Controller and you become the Data Subject.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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Signing a letter............

 

 

xxxxxxxxxx (Signed by Millie Bitter)

for and behalf of

Mr John Smith

 

 

 

xxxxxxxxxxxxx (Signed by Tom Brown)

Mr John Jones

p.p.

 

 

Where xxxxxxxxxxx is the hand written signature

 

 

Both of those are legally accepted. So if your husband is John Jones and on top of his typed name you sign Tom Brown as long as under John Jones you write the words p.p. IT IS A VALID letter and a valid signature.

 

To be honest, all these "latest technologies" and this and that, simple letter writing and known and accepted manners seem to have "gone out of the window".

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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Laura,

 

If they've failed to respond to a SAR, see Articles 18, 19 and 20 here - The Consumer Forums - Bank charges templates (consumer)

 

If they haven't replied at all to a CCA request, send them an a/c in dispute letter. See posts 2 and 4 here - http://www.consumeractiongroup.co.uk/forum/barclaycard/167584-barclaycard-no-cca.html

 

:)

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Did you get my pm ?

 

Just to remind everyone in these forums-Citi are monitoring closely.be aware !

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ah I didnt realise you have 2 threads here.

Can you confirm you got the Pm ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Nick I trust you are familiar with the tactics and methods of Citi financial ?

 

Also I noticed your letter addressed to Data Controller Customer Services.

 

A letter which puts a Data Controller on notice should be addressed to them and not Customer Services.

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Is just printing letter ok

No it is NOT.

 

Reading and understanding and if not understanding questioning and then once understood is ok.

 

Otherwise............ you are non the wiser.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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Nick I trust you are familiar with the tactics and methods of Citi financial ? Why? Are they like as bookworm (who I personally think is one heck of a clever member) once said (not exact wording) "The banks and DCAs do infilterate the forum to see what is going on????????" So what is new?

 

Also I noticed your letter addressed to Data Controller Customer Services.

 

A letter which puts a Data Controller on notice should be addressed to them and not Customer Services.

You may have a capture of the English language and also I believe quite a fair few do as well. But............ remember the law should really be in the LiP side because if for example I was to quote you from my son (geordie mentality)............

 

Q: Can I lend £400?

A: You can lend whatever you want just make sure you protect yourself to get it back.

 

So he answers "So when can you get it to me?"

 

Oops. It is not "lend". It is "borrow". What you mean is really "Can I borrow £400".

 

And as to sending a letter addressed to the Data Controller or to Customer services or to the Director or to the Chief Executive Officer is immaterial.

 

I sent you a letter. It is up to you to transfer it to the appropriate department.

 

Same as IF I was to send a complaint letter to the CEO of a company. Should I accept a reply from a manager????????

 

It is LiP. Pending on your knowledge, understanding, education (oops!!!!!!!! Half the British population will fail on that one. Actually......... something that surprises me........ How can a person do a computer program but cannot put a decent sentence in a letter!!!!!!!!!!).

 

My opinion (feel free to challenge it if you want) is that too many people believe they want to challenge the technicalities whereas they should ask the Court to assist.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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Anyway...........

 

I see there are two site team members involved in this thread so guess.......... all info will be passed on.

 

So, unsubscribing from this thread.

 

Wish the member all the best.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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I will merge your two threads it will be much easier for others following.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I pm you Martin Friday but you couldn`t have got it just wondered if I should send any letter? to DC if you get a letter off a DC and you have never had a termination off the creditor and their DN isn`t quite right isn`t that unlawful rescission? if so would that be right to send that letter Martin?

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If Citi have assigned the debt,then its likely that the default would be re-registered by the assignee in their name.

Ico guidance says that credit reporting can either be done by the OC or the assignee but that the lender should be informed.

 

Citi should not have passed the debt on,by assignment or for third party collection,whilst being aware of your applications.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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If Citi have assigned the debt,then its likely that the default would be re-registered by the assignee in their name.

Ico guidance says that credit reporting can either be done by the OC or the assignee but that the lender should be informed.

 

Citi should not have passed the debt on,by assignment or for third party collection,whilst being aware of your applications.

Hence now start reading RICHARD DURKIN v. DGS RETAIL LIMITED+HFC BANK PLC, 26 March 2008, Sheriff J K Tierney

 

Especially from no 19 onwards.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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Martin should I still send that letter? my heads spinning with all the different things sorry to be a pain will read up these things Chris in a while when I`ve done umnpteen chores lol thanks for the help

I am not going to suggest what to send or not send except sometimes, showing your cards can backfire on you. In short, if it was to say go to Court then you have exposed what you will be using as a defence. Suggest you have a quick read of this thread. The member has been issued with a court claim. See how it can "pan out" IF you have certain things that have happened and you do not ask for them to be rectified but expose them in Court. http://www.consumeractiongroup.co.uk/forum/legal-issues/204622-halifax-mikeeb-help-defense.html (Also suggest you download and read the draft defence attached).

 

Re umpteen chores and loads of different things, just open a file for each problem. Then take a piece of paper and mark a short note of what has been done or what is pending. That way, when it comes to recapping re that file, you just look at the notes and you can then recall instead of having to read a lot of papers to remember. (Well that is how solicitors do it anyway).:D

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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If Either Citi or the DCA issues proceedings,or suggests that they are about to,then they know that this will be followed by pre action disclosure requests,and its something that they would not want to be doing.

For that reason,its my opinion that there is no question of them forcing the Court route at this point.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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My sars from CITI came back this weekend about 3 weeks early my cca is due back this week that sars was a waste of time as apart from 6 years statements and a a comms log that doesn`t even mention the default notice I had come it had nothing in it so a waste of £10 so I`ll send the letter is what I understand as I don`t know what consequences are of me not sending it? as I have no idea of the laws etc don`t know if i`d doing right or wrong unless told otherwise

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