Jump to content


  • Tweets

  • Posts

    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
  • 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 
      • 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

BC Letter re reclaiming PPI sent to old address


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

Thread Locked

because no one has posted on it for the last 3563 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

Good afternoon,

 

I searched the board, but didn't find anything,

 

I wondered if this has happened to anyone else?

 

I changed my address with BC in 2011,

my statements, and all other mail from BC and Mercers etc are at my current address.

 

imagine my surprise when I received Two letters

one sent in Jan 2014 and

one in March 2014

which have found their way to me (Via a relative, who rents out to new tenants)

two letters advising me I may have been missold PPI.

 

Is this an underhand tactic for the bank to justify telling me, in the hope I would never receive ?

 

It give's me option of phoning, writing or filling in BC questionnaire online,

but I've been told by someone who recommended I joined here,

that it's best to use the FOS questionnaire?

 

Is it worth kicking up a stink about them using a previous address?

Or highlight it at some point along the way?

 

I have three accounts with BC would any reason they may

have just have one account listed in the above PPI letter,

when I seem to have PPI and charges on all three

and have been paying reduced rates for several years dealing with Mercers/Calder

and Moorgate all in house DCA's (I've been told) all at my current address!

 

My friend has sent me links to PPI section

this BC section and stickies to read up on to which I've gleaned lots of pointers.

 

I've been unable to face things for a long time,

but with the support of my friend I've been able to start sorting out my paperwork

and am determined to become debt free

 

thanks for reading and any direction you may offer

Jazz

 

Sorry if this is in BC thread and should be in PPI, I wasn't sure which to use.

Link to post
Share on other sites

only mercers are in house

 

if you are paying another DCA

then i'd get checking out WHY.

 

are these debts on your credit file.

 

as for the PPI letters

well often the left leg doesn't know what the right does

 

prob not on purpose, but they should make an attempt to gain correct details mind!!

 

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

Thank you for reply, will check these things you mentioned.

 

One original Morgan Stanley card to BC Mercers and Calder involved

One egg card to BC Mercers involved

 

Ahh last Egg loan bought by Britannica-moorgate so my mistake.

I've only recently been helped to figure out what's what. :oops:

So it probably clarifies a bit more

 

I'll check credit file as well when I see my friend tomorrow and report back.

Thanks for direction.

Link to post
Share on other sites

I have had something akin to that.

 

April I did a Sar request with BC

They sent all statements to my current address.

I did a complaint after that which they closed due to not recognising my address.

Later they responded to my CCA request (via Link) by sending responce to my OLD address

 

Department that handled SAR and CCA were the same :p

They got a ****tagram reminding them of their obligations to keep my data uptodate and accurate and that if they send anything again to my old address that I could not be guranteed to recieve it and also that they would incur more complaints to the ICO

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

Hi Jazcaff and welcome to CAG

 

You could complain about BC's actions if you want but I think your time will be better spent getting your money back from BC. Use the FOS complaint form to get your PPI claim (s) started.

 

You should be pro-active in reclaiming PPI on all the a/c's that had it. Don't wait for BC to deal with this as they aren't likely to be acting in your best interests.

 

In the PPI forum, there are spreadsheets you can use to see what you might expect to get back in PPI and interest.

 

Here on CAG, you should find all you need to take on the banks and win. And there are folk around who will help you when you get stuck.

 

:-)

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

Thank you for responses and input so far everyone.

 

I am reading as much as I can already and have the FOS questionnaire downloaded in readiness.

It's looking like a SAR is the first place to start I have a lot of paperwork, but not complete history

I have charges as well as PPI seems I will be making two separate claims?

 

I'll be back with more questions no doubt but I'm wading in reading at the moment trying to grasp the correct route to follow.

Thanks Jazz x

Link to post
Share on other sites

yes 2 claims

 

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 Jazzcaff,

 

The SAR will get you data going back 6 years, sometimes a bit further.

 

Do you know when you may have suffered penalty charges, ie just during the last six years, or further back.

 

Penalty charges can be reclaimed in full plus compound interest if you're prepared to take court action..

 

PPI should be reclaimed with the bank and then the FOS if no joy.

 

:-)

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

  • 2 months later...

Just to update, I still await SAR from BC - The 40 + 2 days is up next week.

Meanwhile all four creditors have accepted reduced repayments, as I was struggling and missing payments and agreed no more phone calls, contact by letter only. Standing orders set up I feel more in control, and more prepared to face things. Big relief for me thanks to my friend who has been very proactive.

 

Meanwhile HSBC have sent a huge box of paperwork much of it back further than 6yrs so will start new threads in HSBC Forum when we start unravelling the contents.

 

Jazz x

Link to post
Share on other sites

For reference BC sending new paperwork to an OLD address

 

My complaint was lodged with the ICO

ICO upheld my complaint and have asked BC to investigate

BC have written to me to say that they have been contacted by ICO and are investigating.

 

I think you should lodge your complaint with ICO. The more people that complain when they feck up like this the more pressure it puts on the ICO to act

  • Confused 1

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

For reference BC sending new paperwork to an OLD address

 

My complaint was lodged with the ICO

ICO upheld my complaint and have asked BC to investigate

BC have written to me to say that they have been contacted by ICO and are investigating.

 

I think you should lodge your complaint with ICO. The more people that complain when they feck up like this the more pressure it puts on the ICO to act

 

Sabreshee thank you for your input. I will add it to the ever growing TODO list. As you say it's worth highlighting and raising awareness of these errors.

jazz x

Link to post
Share on other sites

Just got a result from BC in sending stuff to my old address

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?423713-Barclaycard-Link

 

Clearly a lesson there. If a company breaches the DPA complain :)

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...