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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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    • FTMDave
      Excel/DCBL ANPR PCN - Appealed - 5minutes overstay - iceland gravesend

      By FTMDave · Posted

      I do disagree with you regarding one thing - we are not very good with letters or these situations and are slow on the uptake. So far you have stood up to Excel and their threats, immediately given us the information in the sticky, done loads of reading up to educate yourselves, learnt from the mistake of outing the driver so you'll know not to do so in the future, got on to the organ grinder to try to get them to call off their dogs, etc., etc.  Good grief - we wish everyone who came here would do this!!! Most people who get these invoices sadly think they have been fined and if they don't pay a drone from Ukraine will be diverted and will fall on their home (or some such vague grand apocalyptic threat) and they fold and give in.  You haven't.  Well done. Don't worry - you won't be paying a penny.  Although it will take some time to see off this vile company.
    • FTMDave
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By FTMDave · Posted

      Spot on!  You learn quickly. Who cares if the case gets sent to debt collectors?  They have no powers.  All the effort you will have to put in will be to open envelopes - and then spend time laughing at their daft "threats".  No stress at all!
    • AllianceParkingHater
      Alliance Parking ANPR PCN (NTK now LOC) - Appeal Refused - 17min Overstay - Harlyn Bay

      By AllianceParkingHater · Posted

      I did ask them why, but seems they have more spare cash than we do .. ;-( .. I doubt their bank would even support a chargeback after a year has passed. Anyway I've constructed my first DRAFT Snotty Letter .. so here goes ..   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you had added. Shall we raise that related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding the ANPR entry / exit periods compared with actual valid parking periods. Especially with no consideration of the legally allowed grace periods and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the issues with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture more useless ANPR photos. We will of course be requesting “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Legal Counsel on behalf of the Vehicle Keeper.  
    • sprouting
      Moorgroup (Moorcroft?) on behalf of eBay

      By sprouting · Posted

      Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!
    • leighb3ta
      Problem with The Sims on Macbook

      By leighb3ta · Posted

      Hi, I have the Sims 4 on Macbook. Over the last year I have paid for multiple add on packs spending a lot of money on them. I bought them all in good faith as my Mac met all the minimum requirements to play them. I have been playing happily for about a year and bought my latest pack just over a week ago. The games were all working fine yesterday. Then suddenly today EA released a new app to launch the games and this new app requires a MAC OS that my computer cannot use. Now suddenly none of my games are accessible and I am unable to play anything. They did not warn us about this change in requirements and if I had known they would be doing this I wouldn't have bought all these add ons as they are now all totally unusable. The games themselves have not changed, only their app to launch them and I can't afford to buy a brand new mac just to play. So my question is how can they change the minimum requirements after I have paid for a game? I agreed to pay for them based on the fact my mac met their requirements and was not informed when purchasing that this would be an issue in the future. I understand new games (like Sims 5 which is to be released next year) might not be compatible but this is a 10yr old game that they have suddenly made inaccessible due to their new launch app. Does anybody know if I can do anything or anyway to get a partial refund from them? Thanks   Here are their T&C... I can't find anything in there about them being able to do this so not sure what to do https://tos.ea.com/legalapp/WEBTERMS/US/en/PC/

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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.

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

Need urgent advice on a 7 year old debt with hfo services ltd

mwf1982

By mwf1982
in Debt Collection Agencies

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dadofholly

dadofholly

Posted
Posted
And I think an SAR to Barclaycard is absolutely essential now. In fact, I’d say it’s urgent. But within the SAR you need to specifically ask for certain items:

 

1. Full statements

2. When was the DN issued?

3. Copy of DN

4. When was account terminated?

5. Copy of termination notice

6. When was the account sold, exactly?

7. To whom, exactly, was the account sold?

8. Copy of Notice of Assignment

9. Copy of consumer credit agreement as signed by me

10. Call logs and correspondence re this account with regard to HFO/TR since the account was sold

 

... and anything else you may hold.

 

This will cost a tenner – please send it tomorrow. Get the rest of the SAR letter from the templates library.

 

Of course on point 9. Donkey means signed by you mwf1982 not by him - or anyone else who fancies signing it at the time :-)

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Posted
Posted
i was told by another cagger not to send a sar at this time,i guess i do need to now.

 

I read that post and the cagger implied not to SAR HFO but Barclaycard, The first thing I advocate is to SAR the OC.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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coledog

coledog

Posted
Posted

MWF this is the letter to send to Barclaycard (the OC) with a Postal Order for £10: Send recorded delivery

 

[your address]

BARCLAYCARD

Data Protection Team

Dept LRC

Northampton

NN4 7SG

 

[DATE]

 

Dear Sir/Madam

 

ACCOUNTNUMBER XXXXXXXXXXXXXXX

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

 

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you. The Subject Access is not limited to my transaction history and it is not limited merely to 6 years of historical information.

 

The data I require must include but is not limited to:

 

Original Credit Agreement

Full Statement of Accounts for the entire period

Copy of any Default Notice issued

Date of Default

Copy of any Termination Notice issue

Date of Termination

Copy of any Notice of Assignment

Exact date of assignment

Details of to whom the account was sold

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

[signature] put crosses through it

 

[name]

Please support CAG and they will support you.

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coledog

coledog

Posted
Posted

Excellent VJ - I have made a copy of it. MWF Are you OK with sending this? I think that the problem is you were told previously not to send a SAR to HFO as this must go to Barclays.

Please support CAG and they will support you.

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mwf1982

mwf1982

Posted
  • Author
Posted (edited)

sorry havent been online for afew days due to me recently started a new job a month ago and i work nights, just checked to see when i am off work ive got 2 days off tuesday and wednesday,this week so i will send an sar to barclaycard on either of one of those days.and i will let you know when i get a reply.

 

 

I need to also check my letter from FOS cant remeber when there sent hfo a letter,has there had to reply in writeing to me within 8 weeks reguarding my compliant which has gone to the owner of hfo.

Edited by mwf1982
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coledog

coledog

Posted
Posted

Hi MWF

 

Just sort this out when you have the time - the sooner the better. You need to send off the SAR request. Also, can you tell me what HFO put in the letter that they sent with the application form and did they send anything else?

 

In your CCA request you asked them for information regarding the payments made in 2007 - did they mention this at all?

 

If we know exactly what they have sent you - we can advise on what you should write back to them.

Please support CAG and they will support you.

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Posted
sorry havent been online for afew days due to me recently started a new job a month ago and i work nights, just checked to see when i am off work ive got 2 days off tuesday and wednesday,this week so i will send an sar to barclaycard on either of one of those days.and i will let you know when i get a reply.

I need to also check my letter from FOS cant remeber when there sent hfo a letter,has there had to reply in writeing to me within 8 weeks reguarding my compliant which has gone to the owner of hfo.

 

The sooner the better M, it will take up to 40 days, the SAR is of high importance.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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PriorityOne

PriorityOne

Posted
Posted

I haven't read past pg. 3 of this thread so apologise for missing anything... but... have HFO ever sent you an enforceable CCA on this account?

 

If not, then you're not legally onbliged to pay them anything at all. Don't think that a SAR will flush out a CCA because it doesn't always, so if that's the only clarification that you're after.... save yourself £10 and just write to HFO (by rec. delivery) and ASK if they hold have ever held an enforceable CCA pertaining to this account and if they do, to kindly confirm that fact in their response (CPUTR, 1988).

 

You may never hear from them again or, they'll huff and puff and try to pass off a re-construction as the real deal.... but they'd need to be very careful in their reponse in order not to fall foul of CPUTR 1988.

 

:-)

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Posted
I haven't read past pg. 3 of this thread so apologise for missing anything... but... have HFO ever sent you an enforceable CCA on this account?

 

If not, then you're not legally onbliged to pay them anything at all. Don't think that a SAR will flush out a CCA because it doesn't always, so if that's the only clarification that you're after.... save yourself £10 and just write to HFO (by rec. delivery) and ASK if they hold have ever held an enforceable CCA pertaining to this account and if they do, to kindly confirm that fact in their response (CPUTR, 1988).

 

You may never hear from them again or, they'll huff and puff and try to pass off a re-construction as the real deal.... but they'd need to be very careful in their reponse in order not to fall foul of CPUTR 1988.

 

:-)

 

Where do you think HFO will get the agreement from.

With HFO there are other issues, like assignment, this is why the SAR is a priority.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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PriorityOne

PriorityOne

Posted
Posted
Where do you think HFO will get the agreement from.

With HFO there are other issues, like assignment, this is why the SAR is a priority.

 

They might not get the Agreement and until they do, they can't enforce it.... and if they can't enforce it because they haven't got one, it doesn't matter what type of assignment it was.

 

For the record, if they are saying that they can take legal action themselves, then the account's been sold by Absolute Assignment. This means that it will have nothing to do with Barclaycard anymore..... so if they've bought an account without the paperwork to enforce it.... that's their problem and not yours....

 

By the sound of it, they're hoping you won't realise.

 

:-)

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coledog

coledog

Posted
Posted

Thanks PriorityOne useful advice and we will help MWF send an appropriate response to HFO. MWF has an alleged debt here that should be Stat Barred but is getting unbelievable hassle from HFO which is not only distressing but is the subject of official complaints.

 

The reason for requesting the SAR is so that MWF has enough evidence to defend any more actions by HFO, you find that documents suddenly 'turn up' and also to actually find out if HFO have any legal right for the appalling behaviour they have displayed over the last few months in this case, which as I have said are the subject of complaint.

Please support CAG and they will support you.

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PriorityOne

PriorityOne

Posted
Posted
Thanks PriorityOne useful advice and we will help MWF send an appropriate response to HFO. MWF has an alleged debt here that should be Stat Barred but is getting unbelievable hassle from HFO which is not only distressing but is the subject of official complaints.

 

The reason for requesting the SAR is so that MWF has enough evidence to defend any more actions by HFO, you find that documents suddenly 'turn up' and also to actually find out if HFO have any legal right for the appalling behaviour they have displayed over the last few months in this case, which as I have said are the subject of complaint.

 

He will get unbelievable hassle if it's close to being stat. barred because they want to flush money out before it's too late for them to do it.

 

As for complaining, the official bodies are unlikely to help you in the way that you think. Basically HFO either have a CCA or they don't... that's all a court will be interested in. If you put the onus of proof onto HFO by quoting CUPTR 1988, they may well back off.

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Posted (edited)
They might not get the Agreement and until they do, they can't enforce it.... and if they can't enforce it because they haven't got one, it doesn't matter what type of assignment it was.

 

For the record, if they are saying that they can take legal action themselves, then the account's been sold by Absolute Assignment. This means that it will have nothing to do with Barclaycard anymore..... so if they've bought an account without the paperwork to enforce it.... that's their problem and not yours....

 

By the sound of it, they're hoping you won't realise.

 

:-)

HFO never have the paperwork, but the OC is always willing to help out, they will even start action without the paperwork, they did against me.

My SAR to the OC revealed interesting info which helped me to win in the end.

MWF has already been informed the account was sold to someone other than HFO, but needs written proof, the SAR should reveal this.

Edited by broken arrow

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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PriorityOne

PriorityOne

Posted
Posted
HFO never have the paperwork, but the OC is alwaws willing to help out, they will even start action without the paperwork, they did against me.

My SAR to the OC revealed interesting info which helped me to win in the end.

MWF has already been informed the account was sold to someone other than HFO, but needs written proof, the SAR should reveal this.

 

"HFO never have the paperwork".... enough said :-)

 

Creditors/DCAs can and will start legal action if they think there's any chance of getting Judgement by default. I'm glad that a SAR helped in your case but had they been aware that you knew your legal rights before they took it to court, it might never have got there in the first place.

 

That's one of the points I'm trying to make.... each to their own though.

 

:-)

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So, mwf the consensus of the HFO fan club will be the SAR to Barclaycard and as a minimum, confirmation in writing of who and when the account was sold to.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Posted
Here is an SAR I knocked up which is the same as above... however, I have used a home-made signature guard which I print off on all docs these days.

 

Fill in your details and then send it off TOMORROW!

 

If you use VJ,s SAR template post 309 it has a signature guard.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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mwf1982

mwf1982

Posted
  • Author
Posted
hi mwf

 

just sort this out when you have the time - the sooner the better. You need to send off the sar request. Also, can you tell me what hfo put in the letter that they sent with the application form and did they send anything else?

 

In your cca request you asked them for information regarding the payments made in 2007 - did they mention this at all?

 

If we know exactly what they have sent you - we can advise on what you should write back to them.

 

hi again coledog

 

i requested a cca about 2 and half months ago from hfo and there just sent me a copy of a appication form,with not my hand writeing on and it has the wrong date of birth on the appication.and its also not my signature.

 

On the letter it just says heres the documents you requested please contact your debt manager .there never sent any infomation on these payments there said there received in january 2007.i did ask for the evidence but never received anything reguard this.

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