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    • Thanks, that's clear Andy! Just to check - what does hearsay mean? Is it that a layer is representing Eruidio instead of them being there themselves?
    • Your points are fine but as I am late to this topic I am not aware of the finer details. Sums in Arrears Notices must be provided if the claimant wishes to enforce an agreement and claim any interest. The relevant section of the CCA1974 is sec 86B  https://www.legislation.gov.uk/ukpga/1974/39/part/VI/crossheading/sums-in-arrears-and-default-sums (2)The creditor or owner— (a)shall, within the period of 14 days beginning with the day on which the conditions mentioned in subsection (1) are satisfied, give the debtor or hirer a notice under this section; and (b)after the giving of that notice, shall give him further notices under this section at intervals of not more than six months. Regards Andy     .  
    • Hi All, PRA Group are chasing an old Barclaycard unpaid from 4 years ago. They are threatening court action - CCJ unless I respond before last Saturday. Which I did not. I'm unsure but reckon the Barclaycard was applied for about 30 years ago. What's the best next step approach ? Best, P.       
    • Can you please also have a look at points 20-27? The sent me a remediation pack with not only statements but sums of arrears they haven't sent for 2 years, so I didn't know I was in arrears. Then they defaulted me after they apologised for their cca breach. I truly didn't understand what that pack was about. I thought it was some kind of a mistake they will make right later as SLC used to do this. Genuinely I thought that but I don't know if that's an OK defence?  
    • Thank you for posting the full sar.  So they definitely did place the PCN on your vehicle only to remove it 10 minutes later apparently because of a possible problem with the driver which seems highly unlikely [the reason for the PCN removal ]. Did the driver even see the warden at all while they were photographing the car . They did take several pictures spread over 12 minutes or so using a flash so the driver would have seen the car being photographed had they been there.   Very strange. You said that you had an onboard camera -are you able to go back and see what happened? Was the warden wearing UKPC clothing? In any event that PCN has not complied with the Protection of Freedoms Act 2012 Schedule 4.  That should be a Notice to Driver and the follow up PCN should not be sent until 28 days AFTER the day the first PCN  was given were it a postal PCN. Instead the knuckleheads have issued the follow up PCN on the 28th day of their dodgy first PCN and so totally blowing all their machinations to get over the fact that  the windscreen ticket wasn't a windscreen ticket. In neither case, even if they had been sent properly, they were non compliant. neither of them showed the period of parking which is specified in the Act. Both just show a time of issue at 20.02 but no end period. Their  "mistake" in not giving 29 days  before issuing their keeper Liability notice, makes the PCN more than just non compliant. It means that the PCN was unlawful and probably deliberate as had UKPC waited until the correct time to send that Notice, it would have delayed it until the Monday. And as they probably knew that had not received the original windscreen PCN perhaps they thought it better to rewrite the Law. Part of that is conjecture but the basic fact is correct-the Notice was unlawful. And for that there should be repercussions. My first thought was the ICO but  as it isn't really a breach of data protection it goes higher than that. Perhaps the Site Team would know. I did look at the Legal Ombudsman but they are for complaints against lawyers.  I cannot imagine a decent lawyer even countenancing such a thing though were are dealing with third rate ones when involved with some parking companies.   For reference PoFA Schedule 4 S8 and S9 [2][f] f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given— Their PCN dated 12/04/24 states "as 28 days have now elapsed since the Notice to Keeper was given, Parking Control management [UK] Ltd. [the creditor] are now able ...........to recover the unpaid parking charge from......... the registered keeper. The original PCN was marked by them as being deemed delivered 15/03/2024 so 28 days +1 =13/04/24. Their letter was sent one day early which means they altered or ignored the law . I have never seen that "error" on any other Notice from any of the parking companies. As the Member did not receive the original PCN which was originally a Windscreen ticket but they then changed it to a postal one for some fanciful reason the whole scenario reeks of skullduggery. I am going to ask again from Hamz why their warden might have felt scared about a confrontation with the driver but even if there was a chance the PCN was placed on the windscreen and not removed for around a minute but pictures had already been taken so why remove it? And then why produce a brand new keeper Liability Notice the like of which I have not seen before.  
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I am starting a mission against Shop Direct all customers please read


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I make it £40.87, primarily because they average 13 compound rest periods annually....... Shop Direct calculate averages at 28 days for accounting rather than monthly so the figures tend to round slightly higher.

 

Gez

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Hi Loops,

 

You could just ignore them as your agreement is from 93 wont come under the online agreements dates, but they will reflect this on your credit file, alternatively get a letter before action sent out for the charges from the template in the library on this site but be prepared for the long run as they will force you into legal action before they settle.

Let us know how you are ggetting on

 

Thanks Madcap

I'm having trouble finding the template letter you suggest, could you point me in the right direction?

Many Thanks.

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If you have all the costs showing I wouldnt really worry about the non compliance, if it ever got to court you could raise the point then but I would personally concentrate on the charges claim rather than getting bogged down in court procedures.

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  • 4 weeks later...

Hi Madcap

 

Just thought I'd give you an update. I have written the attached to Littlewoods:

 

'I now understand that the regime of fees which you have been applying to my account in relation to late fees, are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I have been a loyal customer since 1993 and this is the first time I have ever been late with payments. I would have thought that I would have been given credit for my customer loyalty (18 years worth!)

I calculate that you have charged me a total of £84 over recent months of late payment fees and appear to be charging £12 at random. I have already paid £32 in charges and am not prepared to pay any more. I suggest you write off the £52 remaining as a gesture of goodwill.

Additionally, you have suggested that you may enter a default notice against my credit record. This default would be merely in respect of unlawful charges levied by you and in addition to writing off the £52 I require that you do not follow this course of action.'

 

I sent the above 2 weeks ago and have not received a response. Today I have recived a statement and they have added a further £24 in charges. For a month! £12 for the debt collection letter they send me every fortnight and £12 for not making a payment. If they keep adding at this rate the account will be in the hundreds all in charges!

 

What would you advise next? I was thinking about re sending the letter by email (I didnt send the letter recorded delivery) and see what happens.

 

I'd be intrested to know how they think that the charges of £24 a month on a balance of £52 is 'reasonable and fair'. Its absolutley shocking that they think this is acceptable.

 

Be grateful for any advice.

 

Thanks

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Take them to court, don't let them have the charges you have already paid, they will ignore you for ages and then say no to your request, sue them for all charges plus statutory interest l, its the only thing S/D understand, they are the lowest of all the rats around

Hi Madcap

 

Just thought I'd give you an update. I have written the attached to Littlewoods:

 

'I now understand that the regime of fees which you have been applying to my account in relation to late fees, are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I have been a loyal customer since 1993 and this is the first time I have ever been late with payments. I would have thought that I would have been given credit for my customer loyalty (18 years worth!)

I calculate that you have charged me a total of £84 over recent months of late payment fees and appear to be charging £12 at random. I have already paid £32 in charges and am not prepared to pay any more. I suggest you write off the £52 remaining as a gesture of goodwill.

Additionally, you have suggested that you may enter a default notice against my credit record. This default would be merely in respect of unlawful charges levied by you and in addition to writing off the £52 I require that you do not follow this course of action.'

 

I sent the above 2 weeks ago and have not received a response. Today I have recived a statement and they have added a further £24 in charges. For a month! £12 for the debt collection letter they send me every fortnight and £12 for not making a payment. If they keep adding at this rate the account will be in the hundreds all in charges!

 

What would you advise next? I was thinking about re sending the letter by email (I didnt send the letter recorded delivery) and see what happens.

 

I'd be intrested to know how they think that the charges of £24 a month on a balance of £52 is 'reasonable and fair'. Its absolutley shocking that they think this is acceptable.

 

Be grateful for any advice.

 

Thanks

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Thanks Madcap.

Have this morning received another arrears collection letter stating that if I do not pay £26.36 immediately they will transfer my account to a Debt Collection Agency.

Think I'll be taking you advice and will take them to court. Will have to get reading up on what to do next. Thanks again. :-)

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  • 1 month later...

An update to my claim - advice needed. I sent a letter to Shop Direct (re Littlewoods) requesting the refund of £214 in charges. They responded 3 weeks later saying:

 

"It is made clear in the credit information in the back of the catalogue and the terms and conditions of your credit agreement that a charge is applied should you fail to make your miimum payment on time and as such I am satsifed that the charges applied to your account are fair and reasonable.

 

We are aware of the statement of the Office of Fair Trading's position regarding fair charges. As charges were applied to your account due to insufficient or missed payments, we are satisfied that the charges are justifiable in accordance with the views of the OFT and are fair within the Unfair Terms in Consumer Contracts Regulations."

 

What should I do next - shall I send an LBA or do I admit defeat with no chance of getting these charges back? Any advice appreciated.

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  • 4 months later...

Hi Madcap

I am also about to start a claim against them littlewoods and very about to send my sar request I have never done anything like this before so any help would be well appreciated as I really don’t know what I am doing just trying to gather as much info from this site as possible

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  • 2 years later...

Heres part of their bundle for court, they did an "independent" calculation of the actual costs of a default fee, according to them they are losing £7 per default fee, it really is quite laughable, they also say the cost for their staff @ £10.71 per hour (mmm think not) goes towards SAR costs, strange one that as we actually have to pay £10 to get one!

Apparently its Legally privileged and confidential - not any more!

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By the way, this has gone to Court as they would not refund the only charge ever made on this account totaling £12 this is an account operated for 3 years default free even the banks and the C/C's would haver paid back one charge in 3 years.

Hideous people

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By the way, this has gone to Court as they would not refund the only charge ever made on this account totaling £12 this is an account operated for 3 years default free even the banks and the C/C's would haver paid back one charge in 3 years.

Hideous people

 

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I love the way they double account for risk. Thats what the interest rate covers no?

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  • 1 month later...
In court in January, they argue the actual cost is £19, if that were true you would charge £19 as you could prove in court thats what it costs rather than take a £7 loss on every charge.

Idiots

Is there any updates on this please?

 

I've just sent my 1st letter to LW's asking for charges back.

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