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    • Hi all.  i received a PCN notice to keeper from euro parking services and the appeal deadline is 10/03/21. i had intentions of dealing with this sooner but the sudden death of a close family member side swiped me and i have only just got to a position where i am able to spend time on this.   i wish to appeal this charge and i am looking for some guidance on what should be stated in my initial appeal to the issuer. I have completed the questions below in the hope that some one can offer some guidance   thanks in advance.    For PCN's received through the post [ANPR camera capture]     1 Date of the infringement 18/02/21     2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 23/02/21   [scan up BOTHSIDES as ONE PDF- follow the upload guide] please do not put JPG Picture files into your post   3 Date received 25/02/21   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] yes   5 Is there any photographic evidence of the event? yes, two pictures supplied, one entry and one exit timed at 29 seconds apart   6 Have you appealed? [Y/N?] post up your appeal] not yet , deadline is 10/03.21 , not been able to attend to this sooner due the bereavement of a close family memeber   Have you had a response? [Y/N?] post it up Give answer here   7 Who is the parking company? Euro Parking services   8. Where exactly [carpark name and town] Shoulder of Mutton , Birmingham   For either option, does it say which appeals body they operate under. IAS      
    • Do you think  I have anywhere to go on this please?   Should RBS have told me to cancel the policy when I stopped using them as a provider?   Should Aviva have checked the mortgage was in place when it transferred to them in 2011?   Does it make any difference RBS knew I wasn't living in the property 2003-2009?   Many thanks    
    • its a clever scam i bet you've never used dividebuy bet its not from them either...   dx
    • so i see you are back  what happened here...   dx  
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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Monument PBP refunded to DCA ***WON*** Repaid direct !!


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As the title suggests, I claimed back ppi off a monument account and they have offset it against my debt with Arrow Global who bought the debt about four years ago.

 

I have had no contact with Arrow Global for about four years, but is there any legislation that I can use to force them to pay me by cheque instead of trying to offset against a sold debt to which they are no longer a party to?

 

I have previously claimed credit card charges through court and I got those paid to my bank account so there is previous history there.

If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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barclays actually LOST in court over that recently.

 

have a look in the won section on barclays or barclaycard

 

in a nutshell, they CANNOT do that

 

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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Going to have a look now. Thanks DX victory is within my grasp.

If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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dx do you mind pointing me to the right thread getting lost trying to find it

If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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ping slick132

 

he will know

 

i cant find it either.

 

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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Hi Nutter,

 

Barclaycard **WON** cases are here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes I don't recall a case where we argued for a refund to be paid to the customer direct, when there was an outstanding balance but no court action. :|

 

If you took court action to reclaim the PPI, the settlement amount should be paid to you direct.

 

If a refund was agreed by negotiation or through the FOS, you may have no right to demand a direct refund and the refund may be used to offset any outstanding balance, even if that is now being handled by a DCA.

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ok, the account has been sold to the dca and i thought this would have made a difference. Would it be possible for me to commence court action to get the refund paid to me?

If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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na i'm gonna have to find it then

 

there is a case where it quoted the judges ruling that the refunded money could not be used to clear the outstanding balance and the judge also said that about the arrears too

none of went off the old debt as it had been sold.

 

i'm sure it was barclays.

 

off to find it .

 

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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Hi Nutter,

 

If the refund of PPI has been agreed between you and Monument, you have no cause of action to make a court claim now.

 

So, if you started a court claim, Monument would say they've already agreed to refund the amount and it has been set off against the outstanding debt. You could then be held liable for the bank's costs in defending your claim.

 

That's my view of your situation but, if anyone disagrees, please jump in and comment.

 

:wink:

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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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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Interesting thread DX. A BC case but not one I'd seen before as it was on the Debt Forums.

 

I've asked VJohn for the source of the text regarding the banks right to Set-Off.

 

:wink:

We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Hi Slick

 

Havent seen the recent activity on here. but I have found the source of off-set information on the financial ombudsman website. Link is as follows:

 

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm

If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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an agreement no longer exists, they closed the account and sold it

anyhow - BC sold the debt... not the insurance policy

the money goes to you, endof

 

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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I received a letter from the Royal Bank stating they were going to pay £1700 to the DCA to resolve my claim and they wanted me to sign a letter and return it to them. I did not do this, I phoned them and also wrote to them asking for a cheque to be sent to me. They were very good, no problem or argument and recently I received the cheque a couple of days ago.

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  • 2 weeks later...

I could be wrong but wouldn't the bank be in breach of the DPA if they did this?

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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  • 2 months later...

Just to update wrote to Monument stating about rights of set off etc and today a cheque arrived for 861.00. Result. Thanks once again caggers!

If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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thats great news

 

how does this fair against your claim calc?

 

dx

 

The Consumer Action Group needs help to cover itsexpenses.

You could help by making a money contribution to http://www.consumeractiongroup.co.uk/paypal.php?go=donate

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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Share on other sites

Great News Nutter !! :whoo:

 

Thread title changed to reflect your win !!

 

This will encourage others who are in the same predicament with the bank trying to misappropriate their refunds.

 

:wink:

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Just to update wrote to Monument stating about rights of set off etc and today a cheque arrived for 861.00. Result. Thanks once again caggers!

 

Hi Nutter192,

I am in the very same situation so I wondered whether you would be willing to post a copy of the letter you sent to Monument?

I know the text you refer to. Did you quote this within your letter or just refer to it?

Would appreciate your input.

Regards

Shelley

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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donation made to site.

 

will post letter up shortly, moument are usually quite easy to overcome. cant guarantee with other firms but youre welcome to try.

 

Thank you for your recent letter in which you stated that the refund on the above account has been issued to a third party debt collection agency in respect of a debt sold to them by yourselves.

 

I would like to take this opportunity to remind you of the certain conditions that must be met before you can exercise the right of ‘set off’. Firstly the account from which the firm transfers the money and the account from which the money would otherwise have come from must be both held by the same firm. This is indeed not the case as the debt has been sold to Arrow Global and as this is not the same firm as yourselves, you are unable to release the money to this third party.

 

Secondly, I have very good reason to believe that the debt itself is statute barred and as such this cannot be reset by any payment after six years has passed since the last payment or acknowledgement of the debt.

 

I trust that I have made my position clear and look forward to receiving the settlement monies by return. Should you not do so, then I will complain to the Financial Ombudsman about your unreasonable conduct.

 

Not the longest letter in the world. BUt straight to the point.

 

Many thanks for all your help. Trust this information will help others in future.

 

In hindsight I should have referred more directly to where the information for the rights of set off were aquired in the letter and quote the financial ombudsman, so theres a further tip.

 

 

Also the link earlier in the thread to the financial ombudsman is where the right of set off information was found.

If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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Hi Nutter192,

That's a great help thank you so much.

 

I didn't know that your case was SB but I believe it will do the trick if I quote where the information came from. Failing that, I still have another back up plan which I can use but not my best option personally.

 

We also have a Monument case to deal with at some point but the value isn't big but it's worth knowing how they work.

 

Good work on your part. Well done.

 

Thanks again for your letter.

 

Shelley

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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I would advise that if you are going after ppi. go through court, you are more likely to get a refund straight to you and it avoids the hassle I had in trying to get them to refund me personally.

 

Dont forget to add interest compounded at the rate that you were charged the card at. This is where the high interest comes from on mine.

If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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