Jump to content


  • Tweets

  • Posts

    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
  • Recommended Topics

lowell chasing barclaycard debt - Now Freds and Carter


matty2303
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3580 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

could anyone help with this ,

 

i have lowell chasing a debt that they purchased from barclaycard some years ago ,

 

im fairly certain that this is SB ,

 

on my credit file there is no reference to barclaycard

 

there is reference however to the debt by lowell who have been reporting it since 2008.

 

The account was actually opened in 2004

but as there is nothing under barclaycard

 

i believe it to be SB as

 

lowell only started reporting it when they bought the account ,

 

have i made the correct assumption on this?

Link to post
Share on other sites

When was the absolute last time you made a payment to it, and made written acknowledgement to the debt?

 

If it wasnt on your credit file , and lowells have added it after they bought it, then you can issue a complaint against it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Not at all sure when i last made a payment

 

certainly not in the years lowell have been reporting it ,

 

thats what i can't work out it

 

was reported as in default in aug 2009 (not 5 years as stated earlier)

 

but there is no reference to this debt before then but it states the account was opened in 2004

Link to post
Share on other sites

You need to find out when the last payment was made and the last absolute written acknowledgement to the debt was. SB depends on that. Your CRA file is a completely separate matter.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

cca

 

try noddle they usually have passed payment info

 

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... 

Link to post
Share on other sites

Hi Matty,

 

If Lowells bought the a/c from BC, the BC default marker would be changed to Lowells but the default dates would remain as first posted.

 

Approx how much is owing.

 

Have you thought of reclaiming penalty charges and/or PPI, to reduce the balance.

 

To get the data about what penalties and/or PPI are on the a/c, you'll need to send BC a SAR.

 

:-)

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 !:-)

Link to post
Share on other sites

  • 4 months later...

hi all , need some advice ,

 

Have this morning received a letter from B.Carter saying they have been instructed

by Fredrickson on behalf of Lowell to issue court proceedings on 7th april for a credit card debt.

 

The original debt was a credit card (barclaycard) ,

 

on my credit report lowell have it down as the account being opened in 2004 and defaulting in 2009 ,

 

i believe the default date to be at least 2 years before that and

 

nothing from barclaycard is showing on my credit file.

 

I have nothing in writing to prove default date or last payment etc ,

 

how should i proceed with this ,

 

should i treat it as an idle threat or do i need to make some sort of response

Link to post
Share on other sites

Has Barclaycard evers shown on your CRA files?

I would send Carter a "prove it letter" accompanied by a CCA to Fredrickson.

In the letter tell Carter that you have no knowledge any outstanding enforceable debt being owed the client Lowell and any claim will be robustly defended.

Carter knows nothing other than basic details.

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!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

have sent a cca now , will post any developments

But you said you were doing that last November. What became of that?

Fred staff write the Carter letters and share real time account details with Lowell [all one outfit] so wasting your time repeating stuff.

Besides the letter you've now received, complete with a court transfer date, is just a standard threat. Most ppl fall for it, unfortunately, so it works.

Link to post
Share on other sites

Have you found out yet, for sure, when you last paid to this a/c.

 

If not you also need to send a SAR to BC.

 

:-)

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 !:-)

Link to post
Share on other sites

  • 3 months later...

some more advice on this please if possible ,

 

after a CCA request Bryan Carter wrote back on behalf of Lowell on 03/04/14 ,

saying they had referred the matter for action and the account had been placed on hold .

 

This morning i have had a letter off someone called BPO again chasing the debt ,

 

could someone please advise on how to progress with this ,

 

i have not received any other response to the CCA request

Link to post
Share on other sites

until /unless someone provide an enforceable CCA you sit tight

 

unless ofcourse you get a claimform

that you do not ignore

 

BPO collections are just another DCA

 

like all of them

 

they are NOT BAILIFFS

 

and have

 

NO SUCH LEGAL POWERS.

 

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... 

Link to post
Share on other sites

some more advice on this please if possible ,

 

after a CCA request Bryan Carter wrote back on behalf of Lowell on 03/04/14 ,

saying they had referred the matter for action and the account had been placed on hold .

 

This morning i have had a letter off someone called BPO again chasing the debt ,

 

could someone please advise on how to progress with this ,

 

i have not received any other response to the CCA request

Are BPO acting on behalf of Lowell, don't see much of BPO collections south of the Scottish Border.

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!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...