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    • I am assuming that you own a flat or house, leasehold, on this estate and your lease entitles you to park as long as you park in accordance with the rules decided by the management company, and the management company are authorised to act for the lessor. That might need to checked out at some point but it's what the management company seems to be saying in their 2019 letter when they refer to ".. per the covenants of the Estate...". Is that correct?   The management company commonly has the power in the lease covenants to vary the parking rules (again, needs checking) in which case I would argue that their letter 4 November 2019 is a formal notification to residents of a change of the parking rules. If UKPCM's signage is different to what the Estate parking rules are that's UKPCM's problem. They have no authority to enforce anything other than the management company's rules as notified to residents.    You can ignore the waffle in the letter about 'tickets will be issued at the parking warden's discretion'. That discretion is very limited and does not entitle the warden to invent new offences that are contrary to the management company's rules.   So in your opinon (you know the estate road layout, we don't) were you parked in compliance with the November 2019 letter, eg not blocking access?   I would write to managing agent asking them to intervene as UKPCM have issued you with a PCN in breach of the November 2019 letter. The management company can say 'nothing to do with us' as much as they like but ultimately they can't wash their hands of it. UKPCM are acting on behalf of the management comapny and the management comapny are accoutable for what UKPCM do. And the rules are decided by the management comapny not UKPCM.   As a matter of interest do you have a marked parking bay that's reserved for you? Were you parked in it?
    • Ok a bit more background on this. In all 5 charging order cases: The creditors obtained a CCJ in sole name They then obtained an interim charging order They then obtained a final charging order The charging orders are registered with the Land Registry The debts were either sold on or are managed by DCA's In 2 cases they applied for an order for sale which we defended, hence 2 are being repaid monthly  
    • Thanks for the reply. I am not 100% sure what Are these restrictions K? means.   If it means interim charging orders then no, they are full charging orders.
    • Wait for @dx100uk - Are these restrictions K? 
    • Hello CAG Forum,   I jointly own our home with my wife. We are currently up-to-date with our mortgage payments, but that could change in the coming months and we managed to fight off an order for repossession in 2019 due to mortgage arrears. We have just over 3 years on the mortgage left, but cannot see the finish line so we have decided to sell and downsize. The aim is to be mortgage and debt free.   We have 5 charging orders from loans and credit cards from around 2007 to 2010. The 5 CO's are in sole names, 1 for me and 4 for my wife. We are currently paying 2 of the CO's off at £70 and £20 per month, but it will take years/decades to clear them. The total value of the 5 CO's today is circa £35K. In 2011 and 2017 two of them offered a 40% discount for settlement, which we could not afford. In 2020 another one offered an 20% discount for settlement.   There is enough equity to clear the CO's in full from the proceeds of the sale, but I would like to negotiate a settlement on all 5 CO's of 40%. This will mean we are mortgage and debt free and have some cash left over. Does the fact that the CO's are in sole names and the house is in joint names help?  Looking for any advice to assist on negotiating a settlement. Thanks in advance.
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    • Mediator point - Hermes lost my parcel and it is offering just a partial refund of the total amount requested. What's next?. https://www.consumeractiongroup.co.uk/topic/434633-mediator-point-hermes-lost-my-parcel-and-it-is-offering-just-a-partial-refund-of-the-total-amount-requested-whats-next/&do=findComment&comment=5109422
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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!
       
       
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Ford Finance / FCE Bank Charges Reclaim


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Hi guys, pretty new to the forum so please move if in the wrong forum.

 

I have had previous success in reclaiming charges down the years but before all the hoo-ha with court cases.

However I had a hammering on my car finance with ford, done through FCE bank I believe back in the day with regards to late payment charges, over limit charges etc etc.

 

The account is since closed but was running from about 6 years ago up until 18 months ago.

Is there still any scope for me to reclaim these in this day and age?

 

As i'd obviously like to pursue some of my money back if its a possibility but don't want to chuck a tenner their way for a SAR if its not going to get me anywhere!

 

If this is the case id appreciate some guidance. Initially i think i will need to send a SAR as i have lost the majority of statements. Would this be sent to Ford Finance or FCE do you know?

 

Thanks in advance!

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Hi

Sorry you were missed.

 

Overdrafts are the one charge which would be difficult to reclaim. Other charges (loans, credit cards) are fair game. Even if there were no charges applied, it is still good practice to get copies of your account history which may show malpractice as well.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi silverfox, its not overdraft charges - it was car finance bought through ford credit which i believe is represented by FCE bank according to paperwork. I was paying back around £150 a month over a few years and was hit with a number of £25 charges for late/missed payments. Is there a chance of claiming these back if i go through the process?

 

I'm in the process of going at it with old store cards now in another thread as I've done the banks ones in the past.

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if these were charged within 6yrs from today yes

 

outside of 6yrs, you might have issues

 

links are below

 

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... 

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  • 1 month later...

£150 interest plus £45.84 in interest (8.20%). Letter sent today with schedule of charges for the total of £195.84. Will let you know on any developments.

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  • 4 months later...

Similar to my other thread on Santander/RI Card charges, i have sent 2 letters to them stating i did not accept their final resolution and second time that i was willing to take an offer as a GOGW prior to taking my case to the FOS. They dismissed each of them and maintained theyre stance by directing me to the FOS.

 

Have i lost the battle with this one or can any one advise how to move forward? Thanks

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