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    • as you mention the bpa sounds like its a scummy private car park lot blue badges mean nothing on private land anyway.............. so a failure to display something that is meaningless on private land anyway is a money grabbing scam moved to the private parking forum dx dx
    • who is it from  a council or a private parking company?
    • As per the heading, received a parking charge for failure to display a blue badge in a disabled bay on a retail park.  I am a blue badge holder, disabled/wheelchair user with a Motability vehicle. I received the charge as 'notice to keeper' I was not the driver. I don't have a valid driving license so use a carer. The notice arrived a week after the alleged incident. It states that as the 'driver' failed to pay the charge in full  hence, it is now the keepers responsibility ( the notice was dated 2 days after the alleged infringement and as no notice to driver was on the vehicle, I don't know how they expect the driver to be able to either pay or dispute the charge if they are not aware of it) Anyway, really looking for help how to reply. I cannot remember if the badge was correctly displayed or not. Photos taken of car miss a bit where I store my badge if not displayed so it would be possible to see a badge even if not 'correctly displayed" . It was a bit of a sh**ty day weather wise, gusty and raining  (as seen on the photos which reminded me of the actual day) so it is possible that badge blew to the floor as the driver was helping me out of the car into wheelchair. There is no windscreen photo showing that a PCN to "Driver" was stuck on the window either. The car park is free. There are no Parking Signs at all near the disabled bays that one could read to adhere to any terms and conditions. The whole row of disabled bays - of which are there many only state badge holders ( does not stipulate Blue Badge Holders) The notice states that the parking company is a member of the BPA and Operating in accordance with the British Parking Association's Code of Practice. The BPA, section 19.1 State that at least one parking sign should be near the disabled bays, in a position that can be easily  read by by a disabled person without leaving their car in order to decide to be bound by such terms. We returned to look for signage on the retail park and could not find one sign that was near the bays. The only sign we could find was high up on a pole but not near the bays. Someone had to get out of the car and stand on tip toes to be able to take a photo of a sign. I would be grateful if someone could help or point me in the right direction. It is now  15 days since the alleged incident and 7 days since I received the notice.
    • also just to clarify is it required that I physically post to both the county court and Evri? I read in another thread you can just email Evri a copy since they will just rescan whatever you post anyway (if they even read it)
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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MBNA now Idem can't afford repayments want explicit consent re Data Protection


lorri-croft
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Hello everyone,

I'm not sure if this is the correct place to post this...hope so.

 

I wonder if I share a story, if anyone can offer advice please.

 

9 years ago, due to illness and family tragedy, my husband got into financial difficulty.

Via the CCCS, token repayments to creditors were agreed an interest suspended.

Since then, payments have increased in line with affordability.

We have reapid a considerable amount, but still have a fair way to go.

 

I know some will say, 'why didn't you try to go the non-cca, unenforceable route'

but, all apart from one were helpful (I did get SD set aside re Arrow Global as they wouldn't play ball)

so did not want to pursue the fight with the others.

 

Fast forward to now and our circumstances have taken a turn for the worse and,

due to a reduction in income (husband self-employed and work slowed, loss of income due to ongoing health issues and hospital visits),

we can no longer afford the current repayment levels,

so we have written to the remaining creditors to explain the situation (and included an up-to-date I&E).

 

The one I would like to ask advice on is Idem.

ORIGINAL DEBT TO MBNA APPROX £7800

APPROX MBNA PAID £4400

APPROX PAID TO IDEM SO FAR £2000

 

Original Creditor MBNA agreed a repayment programme that, provided we kept to until they were repaid,

they would leave us alone (which they did).

 

 

We continued the payments, then in September 2012,

we were advised that they had sold the remaining debt to Idem Capital Securities Ltd,

but that the agreement would continue (which it did).

We began paying the same payments to Idem but, we cannot afford these now.

 

Idem has written (see letter C) saying that they need express consent to process the information in our letter and I&E,

either in writing or by a phone call. As we won't deal with any of this at the telephone, the signed confirmation is the only option.

 

DO WE HAVE TO SIGN AND RETURN THIS?

WHAT ARE THE IMPLICATIONS IF WE DO?

WHAT IF WE DON'T?

 

What we don't want is for them to 'get heavy' with us, because we can't pay what we can't currently afford.

If the repayment programme with MBNA was in place and a default notice never issued as a result (don't have one in file anyway),

when the debt was sold to Idem, did that terminate the account and could Idem take us to Court if we can't agree on continued repayments?

 

Any suggestions on how to proceed?

 

Thanks

 

 

Sorry, forgot how to attach copy letter, it's been so long since I posted on here!!

 

Think this should work. Didn't-too small, sorry.

 

Hoping this works. Can someone let me know if you can see this copy ok. If not, I'll try the other suggested method.

 

Stigman, Thanks for the response.

Yes we do have our own house (with equity, I'm afraid). You said send a CCA request (to Idem I presume). Is that n preference to a SAR (to MBNA)?

 

Also, do you know anything about the request to sign the 'express consent' letter and whether we have to do this in order for them to look at our chnge of circumstances/I&E?

 

I've got all the MBNA statements so I can look at them with regard to charges and a possible reclaim. How far can I go back?

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Hi,

 

First of all you pay what you can afford, if it is £1 per calender month then so be it.

 

Do you own your own house?

 

I know in the past you said you did not but because now your finances are at a stretch and every penny counts as well as your health send the CCA Request, Because these accounts were opened before 2007 then the originals must be produced along with certain other elements as well.

 

Only a Judge can request to see your I&E, but these do help in debt reduction letters to back up your financial status, however if you own your own property then the creditor may go for the easy route and try to get a charging order and then force a sell.

 

Go for the CCA request first.

 

Second, reclaim all charges and any PPI from the Original Creditors (regardless if the debt has been sold on).

Please reclaim these yourself for free, never use a reclaim Company, any questions on how to do this or if you get stuck along the way then please ask.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Hi,

 

Send the CCA request to whoever is chasing you, enclose the £1 Postal Order - Template Letter is here... http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

You do not need to sign the "Express Consent" Letter, Idem are duty bound by Law to follow the Data Protection Act so why they are asking you to sign so they can process your information baffles me.

 

With the MBNA Statements, their is no time limit so go right back to the Account was opened, you can claim for all charges including letter & telephone, late penalty charges and PPI if applied.

 

Stigman

Edited by Stigman
changed a "to" to a "by"

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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I would not send the I&E yet, see what Idem come back with with the CCA request.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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send them a CCA request

£1PO leave it blank

don't sign anything

 

 

do that for all the debts thru CCCs.

 

 

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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