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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • clou00
      Alliance Parking Letter of Claim - snotty letter help?

      By clou00 · Posted

      Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • lookinforinfo
      Alliance Parking Letter of Claim - snotty letter help?

      By lookinforinfo · Posted

      They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • lookinforinfo
      Excel/DCBL ANPR PCN - Appealed - 5minutes overstay - iceland gravesend

      By lookinforinfo · Posted

      Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • clou00
      Alliance Parking Letter of Claim - snotty letter help?

      By clou00 · Posted

      Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • lookinforinfo
      Alliance Parking Letter of Claim - snotty letter help?

      By lookinforinfo · Posted

      Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Can some please explain Defaults

NotPPIsavy
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NotPPIsavy

NotPPIsavy

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Posted (edited)

Hi there – I have a question re Defaults. I have a Default put on my Capital One card as I have missed some payments in 2011. Until then I have been paying regularly and at times twice a month to keep the payments up to-date. Then why have I got this Default when I have been making regular payments? Is this legal? As per below I have missed payments in May/June and then August. Since then regular payments of £10.00 every month was paid.

Payments made -Feb/April/July/Sep/Oct/Nov/Dec.

Thanks

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BRIGADIER2JCS

BRIGADIER2JCS

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Posted

Hello just a quick reply: Yes this reporting is correct, if there are late or missed payments even if these are 'made up' a later date the creditor will have in the Ts & Cs a section showing why and when a they consider a default has occurred.

 

Reduced payments levels agreed or not are technically a default on the original contractually required payment levels.

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NotPPIsavy

NotPPIsavy

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Oh Ok thank you. I am waiting for the Statements and all other documents to arrive from Capital One. As soon as I get these I will know if I have overpaid the account. If the account is paid off then will this still remain ad D or will it be shown as Satisfied?

 

Thanks for your help.

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NotPPIsavy

NotPPIsavy

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Hi there - having received all SAR docs from Capital One - the Default notice is unlawful as I never received the DN in the first place, and secondly one of the statements did not include my payment of £50.oo that along with the charges incurred led to going over the limit. So taken all these into account do you think I can get them to remove this as it is not lawfully enforced. thanks

sorry - i already asked this in my previous post - but found this one which is the correct post.

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BRIGADIER2JCS

BRIGADIER2JCS

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Posted

There is nothing to stop Cap 1 issuing a new DN, and the alleged £50-00 missing payment from a statement is not a reason for removing the default.

 

A default notice is totally different to the actual default on the account.

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NotPPIsavy

NotPPIsavy

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Thanks - but the Default note should not be on my CR file because I have not exceeded 8 or more. Only 2 months and the balance is also wrong. So in actual fact the account is in dispute when they put the default note. Does this not make it unlawful to put a DN when there is a dispute on the account?

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Exceeded what? 8 or more missed / late payments?

 

Creditors can and will default on as few a 3 missed payments there is no number fixed in legislation or guidance.

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NotPPIsavy

NotPPIsavy

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Thanks - My understanding is that after 8 late payments the creditors can put your account into default. However, in my case, if the missing £50 had been entered correctly the account would have been up to-date. Also now I know the account was up to-date and I am in credit so they had not put the correct information.

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ims21

ims21

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Posted
Thanks - My understanding is that after 8 late payments the creditors can put your account into default. However, in my case, if the missing £50 had been entered correctly the account would have been up to-date. Also now I know the account was up to-date and I am in credit so they had not put the correct information.

 

You might like to have a read of this which explains about defaults....

 

http://www.ico.org.uk/~/media/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

 

Have you advised the lender of any dispute at all either recently or at the time? If not then they don't know of any dispute.

 

Have you started off the process of finding out what happened to that £50 payment which has not appeared on the account?

 

To stand a chance of getting the default removed you would need to show that the account was operated correctly at the time. That would mean getting this £50 payment traced and applied to the account properly. If that has the impact of putting the account into a properly managed state and then you successfully reclaim any resultant penalty charges then you stand a chance of getting the default removed as part of the deal.

 

Having said that, you have indicated that you had missed some payments so that could make it more difficult.

 

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NotPPIsavy

NotPPIsavy

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Thanks ims21 - when I did receive all my statements after a SAR request - I went through all the documents and when I realised the discrepancies I wrote to them and waiting to hear from them. So my PPI offer is also on hold at the moment as I need to sort out the discrepancies first and then will accept the offer subject to they send me the cheque to me. Trying to get all sorted step by step. I thought if I get the account sorted and then ask them to get the default sorted and then will ask them to send the PPI refund.

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BRIGADIER2JCS

BRIGADIER2JCS

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Posted
sorry - yes I missed the payments two months but I always paid 3 times more to make it up and to bring it up to-date.

 

That I'm afraid makes no difference at all the cumulative effect of late or missed payments will usually result in a default the figure of

8 is irrelevant the creditor will have their own system for deciding when a default is placed.

 

If the amount of £50 was received after the date a payment was due it results in an LPM when 'extra payments' are received to remedy previous late or missed payments they are not allocated to the months in which the LP or MPs occurred.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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NotPPIsavy

NotPPIsavy

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Thanks - my problem was I was paying by Direct Debit and debit card, and never had a look at my statements until now. Now I am learning to take control of everything, and noted the ones that I have over paid etc. Since PPI and going on this site I have learnt so much. Thanks to you all. Still learning and its a long way from getting things right. I will work through the cards and PPI and get back to you soon. I am very busy with work etc and cannot find the time sort out my finance. Getting there slowly.

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