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    • Hi,   I sent the email to both my local councillor and the leader of my local council yesterday evening. I didn't receive an acknowledgement email. Do you know if I should have, as I know that if you ever email an MP you always receive a acknowledgement email?   Walshy
    • Can I ask how your taking him to court with just his a trade name ?  Yes I notice hes still trading on ebay.   
    • Very good finds indeed which help to undermine their case.. And to strengthen your case take a look  look at a thread by Tom Price also at Southend airport which is several threads below yours and you will see that he won his case on the fact that he was stopped rather than parked. On top of that he had the Airports Act  1986 to quote. The relevant section is no 63 " Byelaws are covered at S.63  (2)Any such byelaws may, in particular, include byelaws— (d)for regulating vehicular traffic anywhere within the airport, except on roads within the airport to which the road traffic enactments apply, and in particular (with that exception) for imposing speed limits on vehicles within the airport and for restricting or regulating the parking of vehicles or their use for any purpose or in any manner specified in the byelaws;" That confirms that the roads at the airport are either covered by the Road Traffic Act or Byelaws neither of which is relevant land therefore  PoFA cannot apply. And  VCS should be aware of that. Another thing is that when you posted their WS you didn't include their contract which I missed at the time. However Tom Price included it in his. And guess what-the  alleged offence they are pursuing you for, No Stopping, is not included in their contract. If you look at the end of their Service Agreement [aka contract] you will a list of contravention on Scedule 1 [7] (46) PARKING/WAITING ON A ROADWAY WHERE STOPPING IS PROHIBITTED That is the nearest to what you did. But you were not parking nor waiting -you were stopped so there was no reason to issue you with a PCN as you never broke any of their contraventions. Looks like they breached your GDPR and you should include that as it carries a hefty charge £750 is not unheard of.   Have a read of his WS too which may give you further ideas even possibly to rebut some of the points VCS  make.
    • Lawrence Stroll, executive chairman of Aston Martin, told the BBC he wants to build a firm with a "luxury profile". View the full article
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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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Cap1 & CCA return


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No it's Equidebt. The debt is from Abbey 10 years ago.

Thanks

 

What is the debt for and when did you last pay?

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Sorry to jump into this discussion guys and gals, but when you get a chance once you've finished can anyone make sense of this and the 40% rule?

 

Schedule 1 items 1-4

 

http://www.opsi.gov.uk/si/si2008/pdf/uksi_20080831_en.pdf

 

Could make a lot of secured lending be viewed quite differently in my opinion...seems odd though..

 

 

Sarah

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Sorry to jump into this discussion guys and gals, but when you get a chance once you've finished can anyone make sense of this and the 40% rule?

 

Schedule 1 items 1-4

 

http://www.opsi.gov.uk/si/si2008/pdf/uksi_20080831_en.pdf

 

Could make a lot of secured lending be viewed quite differently in my opinion...seems odd though..

 

 

Sarah

 

I am just getting a blank page with this link ? :-(

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:D Thanks, I thought it might be me. I will put that text into the browser and see what happens. Thanks Jax :)

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Uploading documents to CAG ** Instructions **

 

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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2: Does your Bank play fair - You can force your Bank to play Fair with you

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi, can someone please tell me wher in the CCA 1974 or relavant regs does it day all prescribed information must be in the same document as I can't find it anywhere

 

Many thanks

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it is contained within the judgment of Lord Justice Tuckey in Wilson and Hurstanger, and also you need to look at the Consumer Credit Agreements Regulations 1983 SI 1983 / 1553

 

and further more S60 & 61 of the CCA 1974;)

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Hi, just a quick query. Hope someone can help. When an account initially falls into default, a default is normally issued by the OC. If that debt is then sold on, is a new default issued by the DCA? The reason I am asking this is because I have requested (under CPR) all of the info relating to several accounts, including a copy of the default notice, so just wanted to be clear on what they should be sending me. Should it be the original defaults (which would be dated around 2003/04) or can they simply provide a 'new' default notice, which they have issued (the DCA). Many thanks, Magda

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Regarding the signature document issue.

 

I've had a CA which when the DCA originally sent it to me was photocopied and had T&C's on the back. However, since then, they have sent me two more copies with no T&C's on the back. I have SAR the OC and await to see what occurs there.

 

They have sent me an SD which will be set aside, but I am really concerned they may have faked the first copy.

 

Anyone got any thoughts?

Egg/CapQuest 2 - CCA sent 12/04/07 ****RESULT****

Barclays Bank/Lowell 1 - CCA sent 12/04/07 ****RESULT****

 

Halifax/CapQuest 1 - CCA sent 12/04/07 SD issued ****WON with COSTS****

 

Barclaycard/Cabot - CCA Sent 12/04/07 Unenforcable Application Form

Smile/Lowell 2 - CCA sent 12/04/07 Unenforcable Application Form

NatWest/Fredrickson International - CCA sent 12/04/07 No Reply

 

Halifax/1st Credit - CCA sent 17/04/07 No CA but Threats from 1st Credit & Connaught! - Still Nothing but still chasing!

 

Student Loans Company/CapQuest 3 - CCA sent 11/06/08 - No Reply.

Lowell 3 - Ignored them went over their heads to Capital One

 

Halifax - S.A.R - sent 17/04/07 Completely incomplete!

Halifax 2 - S.A.R - sent 11/06/08 - Scant Info

Capital One - S.A.R - sent 11/06/08 - Scant Info

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no, the same default remains, i.e. 2003/4 and the name of the creditor changes to the DCA.

 

Hi tifo, so if the name changes to the DCA, does that mean that it wouldn't be the original document as sent by the OC, but a document from the DCA, based on the details of the 2003/04 default, as the original would have the name of the OC on it and not the DCA? Also, if this is the case, should a default be issued as soon as the debt is purchased, or can they do it anytime down the line. thanks Magda

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no, the same default remains as tifo says they cannot default the same debt twice but a warning they do i have four defaults for the same debt and have yet to take all this to task but i am not under any pressure or threats from anyone it is the DCAs AND THE Banks and Credit card companies who were chasing but all of them stopped and that was only through cvag and the advice i received a few years ago now it is my turn to start going after the DCAs and get the defaults removed or sue for damages as we have been refused loans on four occasion in the last three months and all refusals have come from halifax all because of the DCAs defualts that are not true defaults so i gotta start....anyway that dose nt help you magda but as tifo has put the default remains and the DCA should not be defaulting you

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Could someone please take a look at animal lover's agreement for her . Thank you. :)

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/147639-welcome-finance-investigation.html#post1559170

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Uploading documents to CAG ** Instructions **

 

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Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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they cannot default the same debt twice but a warning they do i have four defaults for the same debt

 

They make mistakes sometimes, due to 'computer error'. If the debt has been sold, the DCA will need to change the default in their own name. A new notice is not required, as the same default from the previous notice remains, only the creditor name is changed. If you want to argue on the default notice itself, that is a different thing.

 

Therefore, the bank should not have a default for the same account in its name, as it's changed to the DCA, but sometimes errors occur and they keep processing as well as the DCA. Sometimes, even the debt administrator (as opposed to the debt purchaser) may process a default, by mistake.

 

Any other default other than the one from the DCA is unlawful, therefore you would be entitled to compensation under s.13 Data Protection Act 1998. If you play it right and it is the DCA's fault and they have bought the account, they may close the account in exchange of the compensation. I've done this last year for a few £200 defaults and got £1000 written off instead of compensation. Use case law "Kpohraror vs Woolwich 1996" which set £1000 + value of default as due compensation, or at least £1000.

 

Or, you can take it to the FOS, which is an easier option, and you will get around £200-£300 compensation per extra default. But this may take some months, as will you chasing the DCA yourself.

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thanks Patrick and Tifo for the replies You'll have to get going on your claims then Patrick, sounds as though you have a good case for compensation. It is amazing what these companies think they can get away with. Magda

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hi tifo i am jjust in the proccess of the removal of my defaults just counted them 6 in all all through MORGAN STANLEY all for the same debt they even defaulted me twice during the PPI insurance payment because the insurance company was less than a week late so i have sent it all to the FOS they actually got the MS balance to zero when they intervened last time so they are helpful when they see blatant abuse and act quite quickly i have found well this is my experiance with the fos

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Could someone spare a few moments to please give Mr Zeus some advice on his Amex e - application form. Circa 2005. Many thanks. :)

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/139428-help-please-re-cca.html#post1576441

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi all,

 

I'm new on here and this is my first post, so I apologise in advance if I am going over old ground.

 

I have recently submitted CCA requests for credit agreements from 5 credit card providers, and I received the first response today, from HFC for my Marbles card.

 

They have sent me what appears to be my application, which is headed:

 

Your prioroty application for the marbles card

Credit Agreement regulated by the Consumer Credit Act 1974

It has sections with my personal details, somewhere to include details of an additional cardholder and a long section of terms relating to the use of my personal information. It is signed by me and HFC, but there is no mention anywhere of interest rate, amount of credit etc.

 

Accompanying this document are a set of Ts & Cs for the credit card, but again there is no mention anywhere of interest rates, amount of credit etc.

 

I have 2 questions as follows:

 

1. Is it likely that they have just sent the wrong document, or is it more likely that the proper CCA does not exist?

 

2. If a proper CCA does not exist, can I challenge them myself to have the balance cleared, or would I need to do so through a lawyer?

 

Many thanks

drewsters

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I have recently tried to repay a Welcome finance personal loan balance early. I was told that the settlement figure would be calculated based on the Rule 78. I just read through what this means and found that the settlement value will be much higher than expected. What options do i have?

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I have spent ages reading through all 601 posts in this fascinating thread!

To be honest it's hard to take it all on board, but one thing that stuck out like a sore thumb to me was that a DCA cannot place a default on a CRA file as they are not the original creditor?

Without trawling through all 601 pages again, can someone confirm this for me please?

I have a default on my CRA file placed by Westcot when they took over a credit card debt in 2004 and another one from Lowell on a CapOne in 2002. Also they have continued to maintain these defaults every month since then. If I understand this correctly they should not have place those defaults?

Can anyone refer me to the part of the act which refers to this please?

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Hi hme.4x4

 

There is no part of any act that says what the CRA's can or cant do....apart from the Data Protection Act.

 

The CRA's are just a business, and the only right they have to your data is if it is in the public domain, or you have given permission to a bank or other institutuion to share your data with them.

 

if the loan or credit card company have sold the rights to the debt then they will in all probability have also transferred any permissions to continue to process your data, with the proviso that you cant have two defaults for the same debt (ie they usually change the creditors name to their own)

 

when they get a dca involved three things can happen...

 

1 the dca is just an agent chasing the debt for them

2 the dca has bought the debt (but not the whole rights)

3 the DCA has taken over the debt completely including any rights

 

2+3 can get a bit complicated, usually 2 applies they have only bought the debt, the rights still lie with the original creditor.

 

suffice it to say that if 2 or 3 apply the dca can default you as long as the original default is removed or changed.

 

(in my understanding)

 

if I'm wrong I'm sure that someone will be along to shoot me down in flames

 

hope this helps

 

rgds

 

Dave

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Follow your spirit; and, upon this charge

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Thanks Dave!

it gets curiouser and curiouser!

So following on from what you say, if the DCA have bought the debt then there should be a letter of assignment...(which they have not produced)and if that is the case, then I never gave them (the DCA) permission to process my data.

If they have not bought the rights and the original rights remain with the OC and if there is no CCA with the OC then from what I've read here then there is no enforceable debt?

So with no enforceable debt defaults have been filed against me by the DCA's for which I have not received any default notices.

And, (sorry if I am prattling on here but I'm just following a train of thought) if the DCA's do not own the debt and are just chasing it, what autority do they have to process my information?

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  • dx100uk changed the title to Cap1 & CCA return

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