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    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
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Cap1 & Debitas/Fredricksons/AIC


taylorit
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Hi

I have fallen into arrears with my Capital 1 Card and account has been defaulted etcc.... I have submitted numerous complaints also to Capital One regarding poor customer service and charges etc.... ALL BEEN IGNORED NO RESPONSE yet they have sent letters acknowledging my letter.

 

My account has been passed pillar to post.... first Fredricksons then back to Cap 1 now with Allied International Credit (AIC), yet when you telephone Cap1 they say talk to Debitas.

 

I have attempted to setup repayment arrangements and they get refused. Have sent them harrassment letter which got ignored, I send a 2nd letter informing them I am reporting them and they then replied and immediately removed my telephone numbers. Now when I ring up I cannot complete security as they do not hold any telephone numbers on my record.

 

I rang up Cap1 this evening to request an account statement as my online access has been blocked since xmas, and they passed me onto AIC who said contact Debitas (Cap1 inhouse DCA), Debitas say speak to Cap1 accounts, Cap1 accounts say speak to Debitas or AIC.

 

Any Ideas? all I want is an account statement....they have frozen all charges and interest but I want to get £400 worth of interest and charges removed reason for account statement but not having one since xmas is also poor.

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Hi there

 

First, forget all the other losers who have got involved.

 

Also, stop trying to do this on the phone...do everything in writing.

 

As you fell in arrears etc, you will have late fees on the account which you can claim back.

 

Do you have all of your statements? If so we can proceed.

 

We are now going to deal with Cap1 only. So, the statements....do you have them?

 

ims

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I have no paper statements they all online for which I do not have access as cap 1 have blocked me, and I am trying to get hold of paper statements but they just keep passing me pilla to post... :/

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Hi there

 

Ok this is what you do.

 

You send a Subject Access Request to Cap1. There is a template in the CAG library and the link is at the top of every CAG page. This will cost you a statutory fee of £10 and they will have 40 days to comply. Amongst the paperwork you receive back will be a full transaction history and this will enable you to establish what the unlawful charges are that have been added to the account.

 

These charges can be claimed back with interest at the rate they were charging you on the account. We will help you with that but get the SAR off first.

 

Has this account been sold to a dca or are the dcas just trying to colect on behalf of Cap1? If the account has been sold you should have received a notice of assignment saying his is the case. Have you received one?

 

What is the value of the debt and how much are you considering paying them with this arrangement you want to make?

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

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3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

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5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

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Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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Hi

DCAs collecting on behalf of and no notice of assignment from Cap1 only from a DCA..... Cap1 not supplied me with any statements in the first place though :/ does it really need a SAR to get these?

 

And its roughly £1170 with £250-£300 of that just charges & interest.

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Hi

DCAs collecting on behalf of and no notice of assignment from Cap1 only from a DCA..... Cap1 not supplied me with any statements in the first place though :/ does it really need a SAR to get these?

 

And its roughly £1170 with £250-£300 of that just charges & interest.

 

If you can't get the statements on line then I can't see any other way of the getting the full picture. Especially as they don't seem to want to communicate with you using normal courtesies.

 

Knowing Cap1 you may well have to sue to get those charges back and for that you will need an accurate claim including interest on those charges.

 

So you had a NoA from the dca saying that they had bought the debt from Cap1?

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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i would suspect it is a lot more than that

 

you will get hit with £24 every month + int on those charges

 

but i'm in the same boat

 

they wont tell me online either

 

have you had the crapquest CCJ letter yet [as if they can as they are only collecting!!]

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So you had a NoA from the dca saying that they had bought the debt from Cap1?

 

I have yes initially from Fredricksons and it got passed back to Cap1 as I told them to bugger off as Cap1 are not talking to me and unwilling to supply statements and Fredricksons said fair shout and left me alone for a couple months. Now AIC have sent a NoA this week......

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Hi there. there is a debt attributed to me that has been passed on many times. I sent a cheque about 3 years ago and it was sent back as sold on again. There is no record of this I beleive. The provider of the loan or Credit Card (I cna't remember what it is) is Arrow Global Limited and the debt is owned by Mackenzie Hall. I have written to them with a template letter to advise of statute barred. And this is where I am really really hoping for some help please folks.

They have written back to me saying call them it is not barred. I am not calling and told them I would only write. Anyway the account on credit file shows no payment from 2004 (shows all defaults for that year) but the default on that credit history shows 15/12/2005. So is it statute barred or not. If not am I right in saying that it may be in December? They have only contacted me recently. I have heard from anyone regarding this for as long as I remember. I found this when I applied to rent a flat when I had to move with my little girl and wouldn't be accepted. I have had to pay 12mths rent nearly £9k to get somewhere to live. Unbelievable. Can anyone help me. I am unsure how to proceed.

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  • 4 weeks later...
Cap1 have now replied after submitting a compaint to the FOS with copies of statements and AIC are collecting on behalf of but Cap1 stil wont talk to me.

 

Hi

 

Ok so the statements have finally arrived. From those it will be possible to prepare your statement showing how much they owe you for charges and interest on those charges.

 

I've attached a spreadsheet you can use for this purpose. Change the APR in the blue section to reflect the APR being charged on your card. In the list section (under the coloured bits), enter the date of the charge, the description and the amount. You only need to complete the three items I have mentioned i.e columns A, B and C.

 

The rest of the calcs are done for you.

 

Then just change your personal data in the blue section and this is your schedule of claim.

 

Send a copy of this sheet together with the preliminary letter demanding refund of the amount shown on the spreadsheet. There is a letter template in the CAG library, the link to which is at the top of every CAG page. Put in the letter that they have 14 days to respond.

 

Regards

 

ims

 

CISheet.xls

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • 1 month later...

Cap1 have taken the case back in house and only included statements upto and including the 25th March but no period after. Cap 1 state that after a default has been issued they are not obliged to send any statements.They also state they cannot unblock my online access until account has been paid off due to it being in a default status.

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  • 4 weeks later...
Ok so the statements have finally arrived. From those it will be possible to prepare your statement showing how much they owe you for charges and interest on those charges.

 

I've attached a spreadsheet you can use for this purpose. Change the APR in the blue section to reflect the APR being charged on your card. In the list section (under the coloured bits), enter the date of the charge, the description and the amount. You only need to complete the three items I have mentioned i.e columns A, B and C.

 

Do I add the interest charged into this spreadsheet aswell? ie X amount of interest charged on this date. Can this also be used again Cataloge Companies?

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Do I add the interest charged into this spreadsheet aswell? ie X amount of interest charged on this date. Can this also be used again Cataloge Companies?

 

Hi

 

You don't need to enter any interest charges on the sheet....only the late payment/over limit fees. The sheet calculates the amount of interest you can claim back from them.

 

Yes it can be used for catalogue company charges/ppi claims

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • 3 months later...
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