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    • That is a big improvement Dave and I do agree that it s best to leave it till the last moment to prevent VCS from countering your WS. [usually using doubtful logic that can't be easily argued against in a Court atmosphere] However my first post [no. 32] about the contract is the one that really exposes Jake's flummery and calls into  question jost how close he comes to committing perjury. And that is what hopefully VCS will not want questioned by a Judge. 
    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
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Barclays overdraft


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I have a cash card account with Barclays which is overdrawn to the tune of £687.

I have tried a few times to set up a repayment plan and agreed repayments.

I have found these repayments hard due to Barclays' rigid repayment schedule which they state that the overdraft has to be paid back within 6 months.

I agreed the repayment plan with the best intentions but have found it hard to keep up with their repayment schedule.

The original overdrawn amount was £711.

Talking to Barclays on the phone is a frustrating affair so I've decided to communicate with them via letter.

I want to repay back what I owe but I am finding it hard to deal with Barclays even after explaining my difficulties.

The "unauthorized" overdraft came about due to Guaranteed Card Payments to various Payday loan lenders which have now all been paid off

bar one final repayment at the end of this month.

 

I am in full time employment at the moment and working to pay off all my debts.

I currently have £3258.28 of debt to pay off of varying amounts to Woolworths, Littlewoods, Very, Barclays, Capital One, Vanquis and Natwest.

I have made headway with Natwest who agreed to let me pay £25.00/month over a year and with Vanquis.

The others are being a bit more difficult to deal with at present.

 

Could anyone advise with how to deal with Barclays?

I will tackle the other ones after.

Many thanks

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Have Barclays frozen the interest and charges on your overdraft?

 

If not, a polite letter mentioning Section 9 of the Lending Code may be in order.

 

Work out what you can afford to pay them.

 

At the end of the day, if you can't pay within 6 months, you can't, so you need longer.

 

Once you've worked out what you can pay them, pay them every month on the same date so they can see you're doing what you can.

 

If you feel in control of your other debts, that's fine, but if you have concerns contact one of the free help organisations like CCCS or Payplan.

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Hi Spinned,

 

If you're in Financial Difficulty, the bank must take positive steps to help you. This could be reducing or freezing interest for 6 months, stopping the addition of all default charges or agreeing to accept reduced payments.

 

See the FD Article and letter here - http://www.consumeractiongroup.co.uk/forum/content.php?557-Letter-for-an-application-for-consideration-for-hardship

 

As suggested above, CCCS, National Debt Line, etc can be useful in getting advice and/or help in getting the bank to accept payments that you can afford - http://www.consumerwiki.co.uk/index.php/Debt:_Where_to_Get_Help

 

:-)

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Thanks to you both for your help.

 

I sent Barclays a letter today detailing that I'm in financial difficulty at the moment and to place further action on hold for 28 days while I arrange my affairs. I will send them a income/expenditure form in the next week to show them whats what. No charges/interest has been added so far so i am "lucky" in that respect but that wont stop them from doing so in the future.

 

In the future, if I continue to have trouble with them I will see if CCCS can help budget them along a bit. I have had mostly successes with the other companies in setting up a payment plan etc but you never know for the future.

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Let us know how it goes.

 

You may need 3rd party help as Barclays, for some inexplicable reason, can be more reticent than other banks to recognise when folk are having a hard time. Consequently, they are slow to make suitable arrangements to help folk get back on their feet.

 

:wink:

We could do with some help from you

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  • 2 weeks later...

Got a letter back today from them (I sent my letter 22nd October) saying they are going to hold all action on my account for 28 days and wait for a letter from the debt advice service helping me with my debt.. Thing is, i dont have any one helping me. All i said in my letter was that I was asking for 28 days hold on the account while i explore my options as my financial situation has changed.

 

I plan to write back and offer what I can afford in the next few days (Why bother rushing if they take nearly 2 weeks to respond eh? :razz:) and go from there.

 

The other companies I deal with are being helpful except from Shop Direct but that is a story for another thread.

 

The fight continues!!

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  • 4 months later...

Afternoon

 

To cut a long story short, at the end of May last year I went overdrawn due to some mix ups on both

my end and Barclays. Currently the balance is at £670. I called up to arrange a repayment plan with them

but found their terms not in keeping with my financial status at the time. I offered £50 a month which was refused

because they can only set up plans on a 6 month basis which would have doubled the time so i agreed to stupid

amounts to repay per month which were unaffordable but to get them off my back for a little while.

 

If they'd agreed

£50 a month then it'd be well on it's way to be repayed but that's an arguement for another day.

Anyway, they have set up three repayment plans and I've only paid the 1 installment out of all those. I've sent three

letters asking to set up an AFFORDABLE payment plan but they've just asked me to call them which I don't really want

to do.

 

I've got a bit of a short temper with most of these places.

They've sent me a letter saying the account has been sent to collections (Not sure what department it was in before

but I'm pretty sure it was in collections) and that they are closing the account and I have to deal with them.

 

 

I offered £40 a

month to get it paid and I've got an Income and Expenditure form back in the post

which is extremely complicated and not very well laid out.

 

 

Any ideas how to proceed? I've just sent them another letter saying I'm going over the I+E form and I'll be get

back to them soon. They keep ringing me twice a day which I've noted in my letter and asked them to stop.

Any advice for this would be greatful recieved as I'd just like to get it over and done with, set up a standing order

and forget about it.

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Hi Spinned,

 

If you haven't yet contacted one of the Debt Advice services, maybe now is the time to do it.

 

As I said ages back, Barclays are more likely to reach an installment agreement with a third party agency than they are with you alone.

 

Although the I&E form is a pain, you need to work through it to have a decent chance of showing what you can realistically afford in repayments. Once this is done, you would have something on which to base your repayment offer.

 

You should send Barclays a letter stating that their constant calls amount to harassment and they must stop. See the Library for a suitable letter.

 

Also, keep a note of the time and date of each call, in case you need to make a formal complaint later.

 

:-)

We could do with some help from you

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