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    • I'll take a look in the loft - bear in mind it's 10-12 years ago, and we've had an extension built up there recently so hopefully I can find the folders they're in! 
    • Okay. Very scientific – but I think you have zero chance of getting if you take it to court. I think you will have to show actual loss and the court will think that you are trying to make a money grab. There could be a chance if you play very carefully to get 900 quid instead of the service – but that would be the maximum. If you bring a County Court action then I'm certain that you will win but the entire dispute will have done to a question of how much you are entitled to receive by way of compensation. It's up to you. If you want to see for £1900 then we will help you. However, you have to pay a claim fee based on the £1900 claim and then hearing fee based on the same amount if you go to trial. If I am right that you are awarded less then any costs you might be awarded will be based on the amount wanted to you – and not the value of your claim. I think you should be a bit more careful and realistic about what you want to claim – but it's up to you.
    • My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA.  I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPCM to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and it is unfair to misguide motorists. I await your  response which I understand will usually be within a week.
    • It probably deletes after a certain time. What a shame you did not check at the time. However I have no doubt that there was a PCN envelope under your windscreen wiper  as shown quite clearly on one of the photographs. . It would seem strange that it was placed there empty hence the reason I stated a second Notice was issued [though not necessarily sent. As I said in that letter to IPC that was not what the complaint was about and probably  IPC will ask about that at the same time if they accept you  going direct to IPC for the other matter. It is immaterial how many original PCNs were issued or not issued. You are able to show the two that you have from their sar one of which coincides with the one you received in the post and that is the one that does not agree with the date times of PoFA. Thus breaching not only the Act, but also the IPC  Code of Conduct and the ability of UKPCM to obtain data from the DVLA. So leave that part of the letter as good to go. However as it is as Dave [Thank you Dave!} pointed out that it is UKPCM and not UKPCI have amended the letter and posted it below.
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Hi thanks for the advice.

 

The other is from Barclaycard signed in 2000 .

 

I have the credit agreement with a signature

but this time there are no terms and conditions enclosed with the agreement nor on the actual application form .

 

I do once again have correspondence from Barclays and Link regarding the sale of the debt.

 

I have attempted with both original lenders and with Link to settle the debts on behalf of my partner as she is stressed with the situation

 

Link require around 60% of the outstanding sums and i do not have the money available to do that and support us both and pay all the household bills.

 

Many Thanks

 

Andy

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When did you last make payments on both accounts ?

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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She pays both accounts £1pcm and has done for the past 20 months on the advice of cccs

 

Ah.. so you have kept the accounts open by making token payments :(

 

What makes you think they may be unenforceable ?

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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The Barclays account in particular is dated 2000 .

 

 

I have read that many of the agreements dated as far back as then do not have enough terms and conditions on the credit agreement and it is by a long way the most uncomprehensive agreement i have seen .

 

Outside of that clutching at straws to be honest ,

like i said i would have settled them for her had they been able to meet me at a slightly lower per centage but my understanding is link are less likely to negotiate downwards than others.

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  • 2 months later...

Hi

 

This morning i received a SAR from Barclaycard with lots of printed statements. However the CCA was not in the pack .

 

The debt has been sold to LINK who have complied with a CCA request and i have a year 2000 agreement which i will add soon , that is signed by me but no terms and conditions.

 

The purpose of the SAR was to see all the documentation to figure out where i stand with DCA .

 

There is also no documentation in the SAR in relation to the sale of the debt.

 

Is there anything further i should do with BARCLAYCARD please ?

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Hi I have now added the PDF CCA i received from LINK

 

It was dated 2000 and to my untrained eye is far less comprehensive than other CCA i have had in more recent years.

 

I wanted to see from Brclays SAR if there was any additional paperwork connected with the CCA , in order for hopefully someone on here to determine how good or bad the CCA is.

 

Thanks

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There is no obligation to provide an agreement with a SAR, the ICO take is although one might expect the agreement to be supplied there is no specific obligation to doso, sections 77/78 CCA 1974 cover this.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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in general.

'one might expect the agreement to be supplied'

because according to the ico's own guide as to what is data subject to a dsar,

an agreement/application doc which has personal info on it such as name/address would be regarded as data (just like statements/letters etc are).

 

 

but is a 'guide'.

up to the creditor.

so, the 'specific obligation' ie the statutory requirement rests under the con credit act request.

 

 

ironically though they can send a recon under that (but if they do have/can find an original they are likely to send a copy of it).

plus,

the poss legal implications of a cca request are more relevant eg no accurate response could mean no court enforcement until satisfied. so, always do a cca request as well.

Edited by Ford
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My information is from a personal phone coversation with the ICO, the statement that there is ''no specific obligation'' threw me at first

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi Andy,

 

As well as considering the enforceability of your a/c, you should make sure you reclaim all PPI if applicable and all penalty charges plus interest in restitution.

 

Do you have the data to do this now.

 

:-)

We could do with some help from you

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Hi thanks for the post they have sent details for two older accounts aswell , i have nver agreed to PPI owing to a bad experience years before and i don't have many if any penalty charges although i will look closer.

 

All of which makes me wonder why would Barclays sell the debt on so swiftly ?

 

This morning i found the original documentation that came from Morgan Stanley when the card arrived , there are no terms and conditions or references to the Consumer Credit Agreement but a further tear off section to apply for PPI which was alreday ticked as NO on application form .

 

Thanks

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Hi Andy,

 

Please check carefully for any penalty charges. Reclaimed with compound interest in restitution, they can add up to a tidy sum.

 

:-)

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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  • 3 years later...

Hi this is an old Barclaycard debt that they did not default before selling on to IDR and managed by LINK

 

The last payment on the account was 4 years ago

 

A default has bow been placed by IDR

 

However when asking for the CCA they reffered it back to Barclays who provided one for an entirely different account , absolutely nothing to do with this one.

 

2 questions

 

1. In order to get a default does the creditor need to supply the CCA ?

 

2. In order to prosecute via the County Courts do they need to supply the correct CCA and if they start proceedings with the wrong one , do i just go to court and argue its the wrong CCA or alert them ?

 

Many Thanks

 

Andy

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1.no

 

 

2. if they are that stupid you don't tell them anything, your new CCA/CPR will expose the farce.

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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Thank you

 

The DEFAULT has been added 4 years after the account fell in to arrears and was sold .

 

1. I assume if i win at County Court i can ask for the default to be removed ( still has 4 years to run ) and that they can not commence proceedings again for the same debt ?

 

2. If i never goes to court . Once i have gone 6 years without paying anything to this debt , can i apply to get the Default removed on any grounds ?

 

Thank You

 

Andy

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is this your OH's one

 

 

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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you have the sar details

I would expect Barclays defaulted this years ago...

unless they didn't, but defaulted it before sale to link? 2013

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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look in the comms or account log.

 

 

DEFDATE= or something like that

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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Looking through the SAR I could not find any codes , however there was a letter dated June 2011 from Mercets . It's a default notice .

 

Regarding the CCA I got one back from Barclays but it's got the wrong card .

 

The 2011 default notice dies not show on any credit files however .

 

Andy

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