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    • OK thanks for that.   I have no prior correspondence with EXCEL and therefore have not admitted being the driver. As it happens, I wasn't.   They have not responded to my initial request for documents and therefore I have no details on planning permission. I guess I'll assume and assert that they haven't in the absence of them providing proof to the contrary.   Meanwhile, I've had a letter from EXCEL offering a reduced payment. I will attach this.   I'm wondering whether I should ignore the letter or respond. I will not accept the offer.   
    • Thanks for all responses I’ve been looking at other threads and now feel totally confused as I’m scared of actually having to go to court as I have no idea how to defend this! Torn between just setting up a payment plan and not wanting them to win! 
    • Thanks so much!    1. on planning permission my WS says: The signs did not have planning permission under the Town and County planning.  I have an email stating there was no planning permission from the council. The signs do not fall under deemed consent.  * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the  county court to determine planning permission.   2. Excel are trying to say I’m dishonest.  Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   This is Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge    Q Any comments?      Their WS states that I alleged I received no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside and part of why it was granted. Evidence was provided at that time. Q Is this going to come up again?    *Also they question how I would be able to comment on the signs if I’m not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous.    I state that photos will be provided in my bundle. I actually haven’t submitted any but I do also know somebody who had PCN from the same carpark,   He gave me all his evidence etc, Mr Booth and he won his case. I linked to the parking pranksters article on it.  Q So is it ok to use such websites and to use photos from someone else?    Thanks    I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply   This is the link to Mr Booth case who won on the signage  Also the PCN is completely blurred and illegible in their WS evidence  Is this another point?    I have his his email regarding planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent     http://parking-prankster.blogspot.com/2017/01/excel-parking-v-booth.html?m=1   He had a number of lines of defence, but focussed on the poor signage in the car park. Excel Parking used BW Legal who hired a local solicitor to turn up. She wasn't that well prepared and had not bothered to bring printed copies of the case. When the Judge asked her to refer to defence photographs provided of poor signage she used her phone. Mr Booth admitted that he never bought a ticket - but this was because he never saw the signage signage in the first place and so no contract was entered into. Excel provided pictures of the signage, date stamped for August 2015, but the event was in March 2015. They also provided at the last minute a witness statement from the landowner stating he gave authority, date stamped September 2015. The PCN they sent in their Witness statement was a photocopy and completely blurred and illegible. Mr Booth's arguments were that; 1. Poor signage - there were "staff only" parking signs on the building wall next to where he parked - he questioned the claimant's right to sue someone parked against these bays 2. He questioned their authority to act on behalf of the landlord 3. He questioned whether the signage had planning consent. The Judge followed this through with Excel's representative: "Did they have a contract which said these bays were exempt or not exempt from Excel issuing tickets on the vehicles parked? As Excel had not bothered to supply a copy of the actual contract, the solicitor could not confirm either way. Regarding. planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent, and that there was no planning application on file. The judge said if Mr Booth had only brought this point up he may have found differently. The judge clearly had doubts about the signs where any reasonable person would think the same and that the "staff only" signs would not lead them to think there was a requirement to buy a ticket. He took a recess for 10 mins then made his judgment. Claim refused - the parking signs cause confusion , and there was prof there was a contract which allowed the charges claimed. He went on to state that he was staggered that serial claims companies like Excel do not take a photo of the signs at the time of erection. Why do they wait until litigation to take photos. There was no evidence that the signs were there at all on the date.    
    • Not anymore now that the right have manipulated voters into voting for a conservative dictatorship.   All of what you've said is just another worrying aspect of what the future holds 
    • Just like all the rubbish spouted over the past 4 years, would, would, would.  What you really mean is COULD.    
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worried sick18

Strange Letter From Barclaycard

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Hi I just need some advice on my Barclay card after having nearly five years of no contact with themBack in 2009 I had a dispute with them after I made an s78 request for a true copy of my original agreement

 

.They failed to supply a proper one and only sent me reconstructed unsigned T's and cs .I exchanged several letters with them though out 2009 pointing out they had not produced proper copy which would be enforceable in court.

 

During this time I got passed on to a few DCAS's including their in house one Mercers and then two outside ones i.e. Scot call and then Moocroft.These DCA's gave up after I pointed out the fact that I had not received a proper agreement from Barclay card and was left alone since 2009 until yesterday.......

 

...... when I received out of the blue a letter from Barclay card apologizing to me! Saying that incorrect information was on my credit ref files and they were going to correct it.They went on to say that they had forgotten to enter my default onto my credit file and were going to rectify it by entering a default dated from 2009 on to it and told me they were under an obligation to correct it.How kind of them! Very strange!

 

They also enclosed a demand for the full sum of money they claimed and if I failed to correct it within a month they would default me and then would have rights to enforce legal action etcVery strange !

 

My thoughts on this are they realize this account would be statue barred after a another year I believe and trying their luck with this. But I urgently need some advice how to deal with this ? Should I ignore it and see what they do next or should I write to them reminding them they not supplied a new agreement? Or should I send another s78 requrest and see what they send this time?,I really would appreciate some input on this folks!

 

Thank you

Edited by slick132
spaced out a bit more - easier to read

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Moving to the BC forum and will come back with a link to a similar thread.

 

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Thanks slick132 look foward to seeing the similar thread and getting some ideas of how the other person respond to, similar letter!

Edited by worried sick18

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Hi Worried,

 

I think BC must be having an early Spring Clean with certain accounts. They appear to be sending this letter out on a bulk basis.

 

See here for another similar case that came to light yesterday - http://www.consumeractiongroup.co.uk/forum/showthread.php?416577-Can-Barclaycard-actually-do-this&p=4459514&viewfull=1#post4459514

 

Do you know on what date you last sent a CCA request. If so, just tell BC they failed to supply a credit agreement on that occasion and ask if they have found the proper document which they can forward to you.

 

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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Hi I just need some advice on my Barclay card after having nearly five years of no contact with themBack in 2009 I had a dispute with them after I made an s78 request for a true copy of my original agreement

 

.They failed to supply a proper one and only sent me reconstructed unsigned T's and cs .I exchanged several letters with them though out 2009 pointing out they had not produced proper copy which would be enforceable in court.

 

During this time I got passed on to a few DCAS's including their in house one Mercers and then two outside ones i.e. Scot call and then Moocroft.These DCA's gave up after I pointed out the fact that I had not received a proper agreement from Barclay card and was left alone since 2009 until yesterday.......

 

...... when I received out of the blue a letter from Barclay card apologizing to me! Saying that incorrect information was on my credit ref files and they were going to correct it.They went on to say that they had forgotten to enter my default onto my credit file and were going to rectify it by entering a default dated from 2009 on to it and told me they were under an obligation to correct it.How kind of them! Very strange!

 

They also enclosed a demand for the full sum of money they claimed and if I failed to correct it within a month they would default me and then would have rights to enforce legal action etcVery strange !

 

My thoughts on this are they realize this account would be statue barred after a another year I believe and trying their luck with this. But I urgently need some advice how to deal with this ? Should I ignore it and see what they do next or should I write to them reminding them they not supplied a new agreement? Or should I send another s78 requrest and see what they send this time?,I really would appreciate some input on this folks!

 

Thank you

 

 

I had exactly the same letter yesterday and had also requested a copy of my true signed agreement with Barclaycard way back in 2008 which I never received, this is the first correspondence I've had from BC since their non-compliance. I could tell it was a pretty standard type of letter probably sent out in bulk. At the time I requested my signed agreement my debt was also in the hands of a debt collection agency who didn't bother me again after I informed them the debt was unenforceable.

I too am unsure about what to do next but I'm very wary about re-opening up any line of communication with BC after all this time until I have further advice

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Hi Worried,

 

I think BC must be having an early Spring Clean with certain accounts. They appear to be sending this letter out on a bulk basis.

 

See here for another similar case that came to light yesterday - http://www.consumeractiongroup.co.uk/forum/showthread.php?416577-Can-Barclaycard-actually-do-this&p=4459514&viewfull=1#post4459514

 

Do you know on what date you last sent a CCA request. If so, just tell BC they failed to supply a credit agreement on that occasion and ask if they have found the proper document which they can forward to you.

 

:-)

 

 

Thanks for input Slick Much appreciated.

 

Only thing is i did not do an SAR with Barclaycard just the s78 request

 

.As Barclaycard did not keep in touch and seemed to back of when the last extermal DCA was persuaded to drop the case when i pointed out that Barclaycard had not complied properly with s78 request.I did not need to do a SAR request and thought it best to let sleeping dogs lie!

Edited by worried sick18

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I had exactly the same letter yesterday and had also requested a copy of my true signed agreement with Barclaycard way back in 2008 which I never received, this is the first correspondence I've had from BC since their non-compliance. I could tell it was a pretty standard type of letter probably sent out in bulk. At the time I requested my signed agreement my debt was also in the hands of a debt collection agency who didn't bother me again after I informed them the debt was unenforceable.

I too am unsure about what to do next but I'm very wary about re-opening up any line of communication with BC after all this time until I have further advice

 

My thoughts as well Mysomtom as I am wondering too if they trying their luck to see if they can stop the stature bar clock (as you must be very near to gettings yours staue barred)!to seei if they can get some payment.

 

As you say difficult to know what to do.I was tempted to not do anything and see what their next move will be but still undecided as Slick seems to think it a good idea to to contact them about whether they can comply better with a proper enforceable agreement.

Edited by worried sick18

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There seems to have been loads of instances of people receiving this letter at the weekend. I'd be inclined to wait for their next corresspondance, I'm sure you will all hear at the same time what their next plan of action is- or hopefully they will not follow it up. Just sort out your default notice that Mercers sent - they were all non compliant giving 12days or less to remedy.

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There seems to have been loads of instances of people receiving this letter at the weekend. I'd be inclined to wait for their next corresspondance, I'm sure you will all hear at the same time what their next plan of action is- or hopefully they will not follow it up. Just sort out your default notice that Mercers sent - they were all non compliant giving 12days or less to remedy.

 

Yes I am inclined to do that as well!If they start to send more letters and start to harass me I can then take Slicks advice writing to them and pointing out they not sent me a proper agreement and ask them again about that as I believe if you chasing up an account in dispute query/S78 or SAR request you not admitting or acknowledging a debt a debt and should not be setting the statue bar clock back though other Caggers please correct me if i am wrong

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Hi Mysom,

 

If you want to discuss your own case or get any advice about it, feel free to start a new thread or use your old one - http://www.consumeractiongroup.co.uk/forum/showthread.php?169224-Banks-turning-nasty-advice-needed-about-CCA

 

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I've replied to another thread on this same topic (Please see link a few posts above) I'm in a slightly different situation to all other posters and would ask you to read the info and offer advice. I've posted as I have a current repayment agreement, albeit only a token one, which seems to be being ignored.

 

I look forward to your opinions and advice.

 

Thanks for reading.

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Ive had exactly the same letter. My last correspondence was 2009 too.

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Snap.

My last communication with them was in 2009 and then I took them to FOS and won a payout in early 2010 in full and final which it seems they have omitted to credit to the account if their figures are correct.

It does seem like a broad brush effort to see if they can scare anyone to pay them anything.

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Thanks for all your input folks! At least i know now i am not alone and it seems Barclaycard doing a big fishing epedition to see if they can frighten a few people into paying up for old accounts which are probably unenforceable and nearly staure barred or stature barred

 

.I wonder if they will be soon selling many of these accounts onto other DCAS lower down food chain soon so they can get a few pennies back on their problem accounts! So us lcaggers who received these lettters may need to get ready for another round of pass the parcel and the ringing of the telephone!

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We could do with some help from you

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                                            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 !:-)

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