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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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Statute Bar thwarted by B/C and Robinson Way


Napoleonj
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I have also had my Barclaycard debt passed to a debt collection co., but this morning I had a 'phone call from B/Card telling me that they had never had a debt cancelled and that they did NOT have to produce a copy of their agreement for credit cards.

 

Are they correct please?

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  • 2 months later...
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Lucky Me, I too have received a letter from Calders. What busy little bees they must be. I guess it's all those students on their summer holidays earning some cash.

 

I've been threatened with a legal charge on my property - which I rent ha ha! and they say if I do not call them, they will close my account and the full balance will become due immediately. I didn't even realize that I had an account with them, I thought it was B/C WHO THEY SAY ARE THEIR CLIENTS.

 

Seems whoever writes these things is a little confused about who he works for!!

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  • 1 month later...

I too am being harassed by Debt Management LTD, ever time time they ring, I as k who's calling, say "sorry I'm not interested" or "never heard of you" and put the 'phone down. I've also had the URGENT FINAL DEMAND letter today, asking for payment of the whole sum outstanding, but I've never had a DEFAULT NOTICE from BC. Are they allowed to do this and pass the debt on to so many DCA's?

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  • 3 weeks later...

I've been through the whole ranbe of Barclaycard's debt collectors and sent off a CCA letter to Debt Managers Ltd on Oct 4th - no response needless to say.

 

I've now had a letter from Moorcroft, saying that they have "been instructed by Barclaycard to collect your overdue debt of £---"

They say that this letter is a "notice of intended litigation".

 

How can Barclaycard have so many companies chasing me, especially as the account is in dispute?

 

:help:

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moorcrap realy should read up on consumer law

 

so they have been asked to collect on behalf of barclayshark, then how can they take you to court not being the creditor

 

any chance of posting up that letter (minus personal details)

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scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

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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  • 2 weeks later...

Barclaycard have been busy!

 

I sent a CCA request letter to Debt Mangers Ltd on the 4th Oct and have had no reply.

 

However Barclaycard wrote to me on 22 Oct to acknowledge receipt of my CCA request and

 

today, I've received a letter from Moorcroft saying they are "writing to confirm Moorcroft are currently dealing on the above account.

Please therefore make immediate contact with our office" etc., etc.

 

With all this confusion I don't know which one to ignore first.

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Legal obligation to send anotice of intended litagation

 

tha would be a 14 day letter before action you cretins, not seen one of those

 

all of those three recomendationnscan only be done by the authority of the court after a ccj has been issued, and you have stopped paying the ccj payments set by the court cretins

 

if a cca request has been made and they have failed to supply the agreement

 

ignore then

ignore them

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  • 6 months later...

Barclaycard seem to be playing pass the parcel with my c/c details.

 

Despite 2 CCA request, I've only ever received T & Cs and their standard letters.

 

Now put of the blue I've had an "IMPORTANT NOTICE OF DEBT COLLECTION" letter from Westcot.

 

Should I ignore it, or reply with one of the excellent missives found on this site?

 

Perhaps someone out there has an even better suggestion for a reply.

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your on a phishing list

 

now

 

how about reclaiming charges and ppi?

 

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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dx,

 

Didn't have PPI with the card as far as I know and as BC stopped contacting me some while ago,

the debt hasn't gone up since Sept 2010.

 

In fact it seems to fluctuate from one DCA to another.

 

Seems odd, that it's actually gone down since BC stopped writing to me!

 

Jane.

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Jane, I'm a litle ahead of you! I've been through the same group. Westcott seem to be my current admirers and have engaged the services of Credit Security Ltd. A useless organisation if ever I saw one! full of bluff and bluster!

Mine appears to be moving down the DCA food chain, soon I'll be with a one man band in the middle of Bodmin Moor.

Good luck!

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Hi Jane,

 

Even if there was no PPI, surely there are penalty charges for late or missed payments, or for going over-limit.

 

Have you checked through your statements for penalties as they can be reclaimed in full, plus interest.

 

8-)

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Ignore Westcot.

 

While the CCA request remains unanswered, you need do nothing. However, you should use this time to decide how to deal with the debt.

 

BC will probably send a reply (their T&C's) to the CCA request at some stage and this will enable them to resume collection activity.

 

I'm surprised there are no penalty charges on the a/c, at least since you stopped paying. Have you been through all statements to check on this.

 

Have you stopped paying because of financial hardship or because you think they may not have a credit agreement.

 

:-)

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Hi Slick,

 

Initially it was because they wouldn't or couldn't supply a credit agreement, but now it's financial hardship. We're both retired on state pension, as my other half's part-time job came to an end (not financially viable), we can only just survive on our income.

 

Jane.

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Hi Jane,

 

You need do nothing until they respond to your CCA request.

 

Have you checked about penalty charges, as per my last post. Please confirm.

 

If you are suffering Hardship now, see these letters - http://www.consumeractiongroup.co.uk/forum/content.php?590-Creditors-and-DCAs-Letter-Templates-Budget-Planner

 

It may be sensible to offer at least some monthly amount towards the a/c so you are showing a willingness to settle.

 

8-)

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  • 1 month later...

I CCA'd B/Card 18 months ago and received the T & C's several times and the account was passed to various DCAs, the latest being Wescot. I sent them the s127(3) letter on 12th May and today, I received the attached.

 

Would someone advise me what my next move is please?

bcardappform.pdf

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Hi Slick132,

 

I haven't done anything about the interest yet, as I had an exam in June (studying for my BSc Hons) and as a very mature student, this took lots of revision.

 

 

Not sure exactly how to go about working out interest, do I just add up all they've added since the account was in default?

 

 

I've looked at the various posts, but am still not sure.

 

 

However as you will see from my post below, there have been some developments.

 

Jane.

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Hi NapJ,

 

To address the issue of default charges on the a/c, you need to go through all the a/c statements and highlight all late pay't fees, missed pay't fees, over-limit fees.

 

These should be entered onto a site spreadsheet which will then calculate interest for you. Read more about the interest issues at Link No3 in my signature which takes you to the Interest Tutorial.

 

You can use this spreadsheet - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

Get further guidance by reading the BC **WON** threads here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

:wink:

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Hi Slick,

 

I've done the calculation with your spreadsheet, many thanks. The amount of my claim is a mere £130.72, so won't make much difference to the outstanding balance. Nothing extra has been added to my balance since Aug 2010, when it was sent to Calder.

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Hi NapJ,

 

So can you go ahead with reclaiming the charges and interest using the examples in other threads.

 

Roughly what balance is still owing on the a/c.

 

:-)

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