Jump to content


  • Tweets

  • Posts

    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

BC writing stating i had PBP with old Providian card - help needed


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1876 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi everyone,

 

Total newbie - haven't used forums before but hoping to get some advice.

 

Around 20 years ago I had a Providian credit card - I had to give up work due to illness and fell into arrears.

I owed around £500 but with no income, couldn't pay so the debt was handed over to a company called Capquest.

I saw a financial adviser at the time and he contacted Providian on my behalf

- primarily to get the interest being added to the account stopped, which initially they refused to do but then it was stopped and the debt was passed to Capquest.

The adviser arranged a payment plan with Capquest of £5 per month, which was all I could afford.

 

I did have "Payment Break Plan"

- never really understood what this was but was told I should take it out when I got the card

- I felt that if I refused I wouldn't get the card so agreed

 

I never heard anything more about it until Saturday when a letter arrived from Barclays

- it says they have identified potential issues with PBP that I was sold and they want to invite me to complain if I think I was affected.

 

There is a long questionnaire of 11 pages to be filled in and sent back

- much of what they are asking I really cannot remember

- why I took the card out in the first place, date I took out the PBP, details of where I worked including company name etc.

Whether I was paid for being off sick, if I had any health problems when I enrolled in PBP, detailed explanation of why I think I might have been mis-sold PBP.

 

I don't have any details of the account now - it's 20 years ago!

I do not have any statements

- all I have is the correspondence with Capquest

- last contact with them in 2007.

 

Do you have any advice on what I should do please?

Edited by dx100uk
spacing
Link to post
Share on other sites

urm..Providian cards didn't have payment break plan AFAIK..but Monument cards did...

so I dont think BC really have a clue here.

 

I would not be using / returning this letter/questionnaire at this stage

send them an sar

get all the info

then we'll go from there.

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... 

Link to post
Share on other sites

I would also send an SAR to your financial adviser or the firm that he/she worked for and you may as well send one to Capquest too

Link to post
Share on other sites

ok reviewed my notes...

 

Providian were taken over by monument, who were then merged into Barclaycard during a later buy out.

 

so, it could have been that monument added PBP later not at inception, which is why you knew nowt about it.

PBP is quite easy to reclaim..

but get all the info first.

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... 

Link to post
Share on other sites

Thanks dx and BankFodder - I believe Monument took over Providian from what I have been able to find out since I got the letter....and Barclays now owns it.

 

What is a SAR and how do I do that?

 

Thanks for the update dx....I will do that.

 

Thanks.....have the SAR template now. Will let you know.

Edited by dx100uk
merge
Link to post
Share on other sites

Make sure you check with us about the amount of money they are prepared to refund you you before accepting anything

Link to post
Share on other sites

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

sar is now free

hit sar

dont forget CTAX bill copy if you have moved since taking the credit out

 

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... 

Link to post
Share on other sites

thread title updated.

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... 

Link to post
Share on other sites

  • 4 weeks later...

Update - when I sent my SAR I gave all the personal details Barclaycard could want - the jokers have written back saying they cannot process my GDPR without a list of personal details, all of which they were given in the original request. Have written a very curt response!

Link to post
Share on other sites

  • 1 month later...

I sent my SAR request back at the beginning of December - I received a request at the beginning of January for information that I had already provided but sent it again by registered post. It is now six weeks since that was sent but I have heard nothing and Barclaycard have failed to send any information regarding the SAR. Where do I go from here?

Link to post
Share on other sites

ring and ask?

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... 

Link to post
Share on other sites

Thanks....didn't really find that very helpful. I was looking for info as to the next stage in procedure rather than just "ring & ask!"

For anyone else in my position looking for helpful information - I decided to contact the ICO - the next stage is to send another letter giving them 14 days to comply with the SAR request - if they don't, formal complaint to the ICO. There is a template letter available on the ICO website if anyone needs to do this. Will let you know how I get on.

Link to post
Share on other sites

Well once you'd check with the recipient that would of been the next advice yes.

Id ring and ask them first IMHO.

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...