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    • Hi T911 and welcome to CAG. As you say, an interesting screw up. So much for quality control! Anyway, our regular advice is to ignore all of their increasingly threatening missives... UNLESS you get a letter of claim, then come back here and we'll help you write a "snotty letter" to help them decide whether to take it any further with their stoopid pics. If you get mail you're unsure of, just upload it for the team to have a look.
    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
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Robinson Way & CCA return on 1993 Barclaycard 'debt'


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Hi, I have asked Robinson Way for a CCA request. But can I just clarify something please.

 

The card was a Barclaycard which defaulted, sold to MKDPP who sold to Hoist/Robinson Way.

The card was taken out in August 1993.

 

As part of the CCA should I be sent a copy of a "true signed agreement" or can they send me a reconstituted one.

 

I am not sure which one applies to my card or if in fact they could send either.

Any help would be greatly appreciated.

Also, is there legislation to say which one I should receive, if so what is that legislation.

 

Many thanks

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When did you default on this? What year?

 

As this is a pre 2007 agreement, they WILL need the original signed copy to enforce in court.

 

The fact that it's gone round the houses, speaks volumes!

 

As Sharklaycard have flogged this on then clearly they don't want your money, and/or it's unenforceable & littered with reclaimable penalty fees and charges, highly likely on a card this old!

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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For a debt that old. They will need the original. Theyll NEVER be able to get it. Thats why its being passed around.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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when was the last time anything was paid on it?

and when was the default registered

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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Thanks for your replies everyone. I last paid in October 2012 and Barclaycard defaulted it in Jan 2013 so its not SB yet.

 

when they get back to me with the info,

am I right in thinking that they need to provide a signed copy

and if they do not then they can't enforce it?

If that's right can anyone point me to the legislation in case I need to quote it.

 

 

From what I have read on this site Robinson Way are very keen to send the debt to solicitors who in turn issue a claim.

 

Appreciate your help. Thank you

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For a card that old they need the original plus a load of other stuff they'll be unlikely to ever see

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks for your replies everyone. I

last paid in October 2012 and Barclaycard defaulted it in Jan 2013 so its not SB yet.

 

when they get back to me with the info,

am I right in thinking that they need to provide a signed copy

and if they do not then they can't enforce it? - correct if they want to goto court

If that's right can anyone point me to the legislation in case I need to quote it.

- none needed

if they fail you do nowt send nowt

 

 

From what I have read on this site Robinson Way are very keen to send the debt to solicitors who in turn issue a claim.

 

Appreciate your help. Thank you

 

 

only if they have enforceable paperwork.

and for a 1993 card..pigs might fly.

 

 

don't forget to get an sar running to BC

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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Hi DM,

 

Before you stopped paying in Oct 2012, did you miss any payments and incur default charges. If so, you can reclaim these in full plus compound interest.

 

Do you have all old statements for the a/c so you can check for default charges. If not, the SAR will produce this data for you.

 

:-)

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Thanks again everyone. Yes I can remember paying default charges to Barclaycard for missed payments, think it was £12.00 each time.

 

 

Right I will get the SAR going with BC, how would I claim the default charges back?

 

 

many thanks

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Hi DM,

 

Right I will get the SAR going with BC, how would I claim the default charges back?

 

Here's a case that was settled earlier this month - http://www.consumeractiongroup.co.uk/forum/showthread.php?453389-Barclaycard-Default-Notice-Removal-**Claim-settled-(probably)**

 

Also read through some of the **WON** BC threads here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

Virtually all of these cases have resulted in the refund of all penalty fees plus compound restitutionary interest plus (in some cases) removal of default/adverse CRA data.

 

As you've not said you have old statements, I assume you don't have them to check on the number of default fees paid by you.

 

:-)

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 !:-)

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