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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      
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    • 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.
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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
        • Like

Payday Express - could really do with advice **


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The below was finally sent a week later, what do I do now? they just won't communicate via email I rung in and got a rude and un-cooperative witch who basically ended the call with ...you should find out your rights before contacting us...!!!Won't be making that mistake againI even sent a letter recorded deilvery to which I've had proof of being receivedIt seems they want to me to pay yet another roll over/extension fee and have closed their ears - surely there is something I can quote to them about telephones and the data protection if this is how they want to play it?What baffles me most is how us debitors are all treated differently if I'm being honest ! I'm mean it's not like they have even tried calling me far from it! just complete ignorall on the situation on their part (their my 2nd largest owed creditor to!)What do you think my next play should be? anyone?Dear Miss xxxxClient Reference: Thank you for your email communication. We are unable to discuss your account information by email due to security implications that relate to our company complying with the Data Protection Act 1998 However, we do need to discuss your account with you and ask that you call us at your earliest convenience on x and we will be happy to discuss any query you may have.Our opening times are:Monday-Thursday: 8AM to 7PMFriday: 8AM to 7PMSaturday: 9AM to 1PMWe look forward to hearing from you.Regards,Payday Express

Happy to share my experience but for your own protection, please check and double check what myself and other Caggers inform

...

“Nothing in this world can take the place of persistence.”

 

:-)

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They will work by emai if they want to , I have to admit though , when I started this, I read up on all the ones I owed and decided on a few to pay off ( was lucky, I could manage to clear a few) after reading how they were, I chose them. I do have bank details for them though if you need them. Keep making them a reasonable offer, point out how much they could have receined by now had they agreed. if they still maintain their stance, send the letter in the template section that points out that you could contest court action on the grounds of their unreasonable behaviour.(its under the title when a creditor wont accept your offer and you don't want them to go to court) it outlines their failings if they dont negotiate and points out theyy wont be able to go to court if they dont. Sorry can't find it at min, if i do will put link up

good luck

 

Found em

http://www.consumeractiongroup.co.uk/forum/content.php?590-Creditors-and-DCAs-Letter-Templates-Budget-Planner

 

I think I sent G out to CRS as they have refused to negotiate and answer any emails , adapted it a bit, but look through and see which you want to send them, recorded of course. let me know if you want their bank details .

Edited by ksmiggy
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What you can and MUST do is report them to the Office of Fair Trading and Trading Standards for not communicating. They are meant to try to help you - and if they try court the fact that they have NOT tried to communicate can be used against them.

 

http://www.tradingstandards.gov.uk

http://www.consumerdirect.gov.uk for the Office of Fair Trading

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Thanks ksmiggy and sillygirl1, this is really helpful to know.

 

Well I had a call yesterday from PDE...at work (ugh) don't think I'll ever hear from them any other way

But got a totally different person who couldn't be more understanding and says they will accept a plan ... !? it's totally jackal and hyde

 

Me thinks I was talking to someone from the great Nottingham office rather then Bromley cause the number recorded on my phone came up with 0117...interesting...

 

Not sure I trust - made the grave mistake with someone else from CFO - How you getting on with these ksmiggy? I did chuckle when I saw your comment other day re these animals!

Happy to share my experience but for your own protection, please check and double check what myself and other Caggers inform

...

“Nothing in this world can take the place of persistence.”

 

:-)

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CFO have gone silent since I pointed out their failings, I will get back to dealing with them when I have everyone else sorted, sent a recorded letter to CRS other day pointing out that their claims I hadn't been in touch were lies and that I had continually made offers to both them and Swift and that should they want to go to court I would be able to object due to their lack of cooperation( exact wording is on letter lol) Also waiting to see if A&L will go through with chargeback on 247, the guy from fraud dept seemed to think it should go through ok. ( silly people took a payment the day before the due date, oops, I'l have that one back lol) If I get it back , def no charges from A&L (waived anyway)

They all seem to be very much pot luck on who you get, wether they got laid last night or just got the hangover to show why they didn't and how much bonus they need to pay for it all as to how they deal with you.

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I am also having a dreadful time with Payday Express. I am on my own with three teenagers (one at Uni). However, I will never ever make the mistake of using a payday loan again. I have e mailed around 15 times (I have saved all emails). I am offering to repay the balance over six months. However, they refuse everything.

I am making a big effort to turn my life around again. Every non priority creditor has accepted my payment plans. However, Payday Express refuse.

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I'm now in the same situation but with Payday UK ! I hate the way these guys play jackall and hyde and why does it get to the last one who says no !!

You must go complain to Consumer Finance Association - www.cfa-uk.co.uk - Payday Express are members

Happy to share my experience but for your own protection, please check and double check what myself and other Caggers inform

...

“Nothing in this world can take the place of persistence.”

 

:-)

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Payday express are difficult. Mine is current with Castlebridge Credit Management (part of Payday Express). They dont answer to emails either. Needless to say I have complained about both companies to the relevant organisations. Just wondering now where the debt will travel to next, which DCA?

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Can't agree more, metodo09! yep keep absoutely everything

in the end I did find PDE agreed to my re-payment figure for 6 months at least before they will want to review, but I had to take it to complaint stage

 

Now having same battle with Payday UK ! AAAARRRGGHHH!

Happy to share my experience but for your own protection, please check and double check what myself and other Caggers inform

...

“Nothing in this world can take the place of persistence.”

 

:-)

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hi asmilecostsnothing,

 

could you tell me if you managed to get PDE to agree to a repayment plan in the end via email, or did you have to send them letters in the post? I'm currently emailing them with my proposal but dont want to waste my time. Also if it was via email, what address did you use?

 

Thanks for any advice you can give...

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:-) Hi Segway,

 

Happy to give any info I can and help someone else out of the payday nightmare x

 

Here goes, I hope it will help, at first PDE ignored my emails (so try not to worry to much about this) we spoke on the telephone once initially which wasn't helpful after I rcvd an email inviting me to call about my account - the argumentative lady operator said they wouldn't agree unless I was dead (!), got made redunadant, working less hours etc so I have heard it all left with the impression they wern't going to help so as well as my previous post on here I also got in touch with Consumer Finance Association which their members of so have to ahere to conduct and rules set by the CFA

www.cfa-uk.co.uk (their website address where you can contact them as I'm sure it helped in a change of situation if you get me which is where complaining really comes in)

 

Within a matter of days I had PDE on the telephone with a different attitude wanting to help they agreed to my re-payment plan with a review in 6 months) the guy I spoke to was called Stuart Syllvester) I'm not sure if he is at PDE or Castlebridge tbh - but I did get a letter confirming everything!

 

I will PM you further details of which if you would like.

 

Good luck, I am sure you will get there - gotta be persistant with these people just keep on at them and I found taking their calls (welcome or not) did help

Happy to share my experience but for your own protection, please check and double check what myself and other Caggers inform

...

“Nothing in this world can take the place of persistence.”

 

:-)

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Hi,

 

Anyone had any joy (or, preferably a response) from the CFA?

 

I submitted a complaint athrough on line form on the 2nd September 2011, nothing heard so I e-mailed "[email protected]" on 10th September 2011. Still, nothing? I note their website suggests queries are answered asap, so unsure if their busy or just slow in responding?

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Hi Toptrapper

 

Just sent you a PM with details of a contact I had there, hope it is useful to you

Happy to forward to anyone else

Happy to share my experience but for your own protection, please check and double check what myself and other Caggers inform

...

“Nothing in this world can take the place of persistence.”

 

:-)

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  • 2 weeks later...

What ho!

 

I wonder about this lot. I've emailed them three times and received only the template reply they send out, so I answered the phone to them this morning. A right little shirty p***k was on the other end explaining that due to data protection blah blah they could not discuss account info via email. Or indeed via the postal service like my bank does...

 

My question, having told him my communication preference and having the phone/headset slammed down with a huff :lol:, is whether we can still complain about non-communication if we don't take their calls?

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Hmm, I thought he might be talking out of his little perforation.

 

I have now received 3 text messages from them. So I sent 3 emails back. They're still claiming they haven't heard from me!

 

Not exactly the easiest bunch of people to deal with are they?

 

EDIT:

 

Sod it. Complained to the CFA

 

"I am finding it hard to deal with Payday Express as they will not acknowledge my emails or respect my wish to keep all communications in writing.

 

I feel that this is very obstructive and I find the constant messages stating that I have failed to contact them distressing.

 

I have emailed them 8 times to try to negotiate a repayment plan and so far they have simply ignored me.

 

Is this an acceptable practice?"

 

Sit tight...

Edited by OhMyGod-TheyAreAllZombies
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Sounds good !

 

Don't give up heart - they do like to play the jackall and hyde game first! keep at them and make token payments because I really do think this could help strengthen a case

In the end I took their call after making complaint and then afterwards, in all fairness to PDE they did actually put it in writing on their headed paper and the deal has been stuck to by both sides until review in 5 months time when I realise I could be going through this again :-(

 

I myself never received anything via email except their generated messages

 

PS. the East Street Bromley address still exists - the company secretary resides there for formal complaints, the other office also in Bromley must handle payments etc

Edited by asmilecostsnothing
Correcting

Happy to share my experience but for your own protection, please check and double check what myself and other Caggers inform

...

“Nothing in this world can take the place of persistence.”

 

:-)

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Sorry but for me personally my complaint has been sorted for the time being with PDE, I got what I wanted that was a repayment plan

 

I would post now to direct others to the services that perhaps, maybe helped me along the way

 

I just kept on at them, made them see the situation I was in by providing what they asked for, be it statements, i&e info and made token payments before they came a-calling, I wasn't comfortable with this but desperate and did eventually get heard

Edited by asmilecostsnothing
tidy up

Happy to share my experience but for your own protection, please check and double check what myself and other Caggers inform

...

“Nothing in this world can take the place of persistence.”

 

:-)

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Yeah mate, have it confirmed to in a letter! :-)

 

fixed amount for next 5 months (to make 6 months repayments gives me room to breathe and get some of the forcefall scarer ones paid) then we have to review cause it's a only a low amount but all I can afford at present, not sure what will happen at reviewal but here's hoping I'll have couple of the others will be paid by then so able to offer a larger chunk - thats my hope and plan anyhow!! think I'm doing the snowballing thingy!

 

As I say not sure if this means it is wth Castlebridge management?

How you getting on if I can ask?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

Happy to share my experience but for your own protection, please check and double check what myself and other Caggers inform

...

“Nothing in this world can take the place of persistence.”

 

:-)

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