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    • hi all, i will list my curmcumstance first then list the details of the penalty charge - we are 2 diabled people being affected by the cost of living crisis and are skint etc. i am disabled with mobility issues(arthritis in knees and ankles and gout) and cant operate car pedals anymore so i let a friend up the road use my car in exchange for her driving me about. its a good arrangement as i get a 'chauffer' and she gets the use of car. the car is parked in her drive which is better as i was refused a disabled space (even on appeal) and too much congestion to park the car outside my house. my friend is vulnerable as she has suffered depression and suicidal thoughts since the loss of her mother a few years back, she is dyslexic, she is a carer for one of her sons that is disabled due to mental illness and mobility. she lives in a council house and cannot work. we went to iceland ..attracted by the 10items for £10 offer - we've never been there before. a large artic lorry was parked accross the car park blocking the view of one of the parking signs and blocking the disabled bays where the pay&display machine is. by the time she helped me out of the car and then went to see if it was pay&display then came back to me at the car she said she thinks it was pay even for disabled, so we looked for change in the car which we didnt have (she normally goes asda which dont need to pay for parking)so then we said we'd either go get change or go to asda...so then by the time it took her to help me back in and get out the car park took 15 minutes...5 minutes overstay past the 10minutes grace. the letter from excel parking came through and i sent it back giving her name as driver (before i saw on here that you shouldnt name the driver) then i appealed explaining what happened (lorry blocking etc) and even said we were being descriminated (advised by citizen advice)as we are disabled and 15minutes is not long enough for a crippled disabled man and a woman with dyslexia to read and understandd the sign and get out, then back in the car and look for change then get out the car park in 15minutes. i even explained she was a vulnerable person on anti-depressants and even sent a photo of medication and said if you need a doctors note then let me know....the appeal was rejected. i've emailed iceland over 50 times and they just wont tell excel to cancel this charge - they are ignorant and ive even asked them why they have a webpage saying 'iceland combatting the cost of living crisis' pretending to help their customers and they wont comment...they'd rather put more stress and anxiety on an already suicidal vulnerable person just to get money out of them..so their 'help' during this crisis is a lie as it wont even extend to disabled customers. she has now received 2 letters from DCBL saying she owes £170 for 5minutes of overstay. the last one is a final demand. as she cant read or write very well ive sent a recorded letter to DCBL (as advised by citizen advice) asking not to attend the property due to a vulnerable woman inside the property as it will only exasperate the situation, they have ignored it and basically said we dont care, you still owe. could anyone please advise - we are not very good with letters or these situations and are slow on the uptake.   1 The date of infringement? 28th dec 2023   2 Have you yet appealed to the parking company yet? [Y/N?] yes   If you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]cant do that - will have to get my son to do it when he visits   Has there been a response? yes   Please AS A PDF FILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]cant do that - will have to get my son to do it when he visits   If you haven't appealed yet - .........DONT ! seek advice on your topic first.   Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] yes   What date is on it? 15th january 2024   Did the NTK provide photographic evidence? yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'scant do that - will have to get my son to do it when he visits   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] not on the front - maybe on the back but cannot find the letter now   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] yes   5 Who is the parking company? excel   6. Where exactly [Carpark name and town] did you park? gravesend in iceland    
    • Hi Dave, I had no updates on this PCN since my last post in July 2019.  I received no further communications from the parking company.  I changed my address in May 2022. Thanks, I will send a letter to Excel parking to inform about the change in the address. 
    • I have a BMW Advanced Car Eye 3 Pro - I think it's 50/50  In any case, none of the documents / photos sent in the SAR showed a ticket on the car. 
    • I've seen on your other thread that you say you moved in 2022. It is essential you tell the parking company about your new address. Every couple of months or so we get someone here who moves, doesn't tell the other party they're in dispute with, court papers turn up at the old address, the Cagger doesn't know anything about this and doesn't defend, they lose by default - and end up with a backdoor CCJ. So get a quick letter off to Excel - Dear Simple Simon, Re: PCN no.XXXXX will you please note that I no longer live at XXXXX and that my new address is XXXXX. Yours, XXXXX Invest in a 2nd class stamp and get a free Certificate of Posting from the post office.
    • Yeah thanks guys - I'm just going to ignore them now.  Can't be ar$ed digging around in the loft!  Can I still send them a notice not to send people to our door?   I know we did 10 years ago but not sure if that's still a "thing"!
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Robbersway/hoist/now lowells - blindly paying £1PCM since 2007 OH's Egg card ***Write off no CCA***


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Partner’s Egg card taken out probably about 2000, defaulted in 2006 (default notice received) and paying DCA £1 per month since 2007 into their bank account with a reference number, every month, without fail. Initially got letters confirming payment but these stopped coming in 2008.

 

In 2011 got two standard letters from from Barclaycard that they had taken over the Egg Card, and their terms and conditions. Then nothing further from Barclaycard.

 

Now you are probably wondering why are they still paying the £1 per month if no-one has been contacting them. They are actually too frightened to stop incase that sets off some sort of alert and starts the debt being chased again by somebody.

 

So this week there are two phone calls from the DCA, only identified themselves by first name, company initials and asking for Partner to call back. On the second time I politely asked them to write if it was important.

 

So this is how it stands now, waiting to see if a letter comes, and what it might say.

But just wondering how this might pan out.

 

My gut feeling is that they possibly have not had responsibility for collecting the debt since the letters stopped. I only recently found out people should receive a statement at least annually which hasn’t been happening. (perhaps they will write to ask the payments to stop :-))

 

Have never asked for a CCA, or done a SAR on this account. Again, not wanting to stir things while it is all quiet.

 

Not sure what to do.

Any helpful observations / suggestions?

Thank you

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CCA is a must.

STOP paying is also a must.

 

And check credit files ASAP!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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They were happy to accept the £1.00 a month because it kept the debt alive. Had your partner ceased payments, chances are they might have forgotten about them and the debt would be statute barred by now.

 

What is the outstanding balance now ?

 

We seem to be hearing about of Lowell claims just recently - because the Bankruptcy threshold has been increased, then for these smaller debts, they can no longer issue Statutory Demands (precursor to BR proceedings). What they are doing is issuing a small claim through the Money Online process.

 

I guess you can wait and see if they write - then take it from there. Although if this were me, I would be sending at the very least a Subject Access Request to Barclayshark - this will take up to 40 calendar days and should give you an idea of what they have should a claim be issued.

 

If a Default Notice was issued by BC then this should no longer be reported on your patner's credit report.

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is this the one that egg took you to court over and wanted a CO?

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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is this the one that egg took you to court over and wanted a CO?

 

No that was my Egg Card which I stopped paying when the court case was stayed. This one is my partners.

 

( Sorry, that makes us sound like an awful couple, but we were having great financial difficulties at that time.)

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You would send the Subject Access Request to the company who owned the debt prior to it being assigned to Lowells.

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Actually the DCA isn't Lowell's, (it didn't mention the name). Egg owned it before it went to the DCA, but during the time we understood it to be with the DCA Barclaycard took over the Egg account. If I SAR Egg, would they only have details until it went to Barclays?

Thank you

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Actually the DCA isn't Lowell's, (it didn't mention the name). Egg owned it before it went to the DCA, but during the time we understood it to be with the DCA Barclaycard took over the Egg account. If I SAR Egg, would they only have details until it went to Barclays?

Thank you

 

Sorry, at the moment that is who we are hearing most of.. I just assumed it was them.

 

Yes, Egg would only have the details until it went to B/shark. Quite possibly there might not be a copy of the agreement as well.. if you are lucky ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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As said above, a CCA request to the current creditor is a must.

 

The £1 payments mean the a/c's are current and not Statute Barred but you should check your CRA files to ensure they are not showing (due to the time since they were defaulted).

 

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  • 8 years later...

Well it took a while - and it has been around the houses - Robinson Way - Hoist - and most recently Lowells.

And each time a CCA request has been sent with nothing received.  

Now finally Lowells has confirmed there is no paperwork and confirmed the balance of the account is £0.

Result.  

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FWIW: robbersway were another trading name of Hoist UK. 

Hoist uk were bought out by lowells recently hence the various fleecers but all the same lot just diff names!

you won!

 

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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  • AndyOrch changed the title to Robbersway/hoist/now lowells - blindly paying £1PCM since 2007 OH's Egg card ***Write off no CCA***
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