Jump to content


  • Tweets

  • Posts

    • OK thank you very much. I will prepare my WS as you advise.  I will indeed be preparing the WS over the weekend. I will also post UKPC's on Wednesday by 2nd class mail. As they have until the 17th to pay the court fee, is it possible they might discontinue at that stage too? Also I wanted to ask, in what form should the site manager's statement come? And the site owner if i can contact them? I will get photos of the signage to share with you also. Thank you.
    • Theres speculation on whether the magazine was Womens Weekly or Boys own 😀   ... probably a classic first edition of boys own - based on it costing $130k :lol  
    • You have five days yet to respect the WS deadline which is next Wednesday.  As others have said,  you can e-mail the court their copy.  That gives you the whole weekend to get the WS prepared.  Personally I'd post UKPC's theirs by 2nd class post (all they are worth) on Wednesday too, the court won't look badly on a short delay from a Litigant-in-Person. Another point.  In your WS you say their signs are rubbish.  That's a great point if their signs really are rubbish.  It's a dreadful point if their signs are fine.  So have you got photos of their signs?
    • You need to start drafting your WS.  I would suggest as sections - Sequence of Events - a brief description of how you came to get the invoice. Permission from Landowner - self-explanatory.  You will have to include this as it is in your defence.  However, be aware that your argument is very weak and indeed harms your case.  A person with no connection to the car park said you could park there - that is no different from saying that someone you met in the local pub said you could park there.  Anyway, get the site manager's WS.  Obviously this weak point could morph into a winner if you could get a WS from the landowner. Prohibition - you have this virtually word for word in the other WS. No locus standi - UKPC are not the landlord, they only administer the car park, they have no right to sue you (however the fact you never asked by CPR to see their contract with the landowner makes this a very weak point too). Double Recovery - again in the other WS.
    • And don't be worrying too much about being a day or two late with your WS. As a litigant in person, you'll be given a little leeway. Take time to post up your WS here  for the team to take a look. It'll give time to get your site manager's statement as an exhibit. Also, I understand you haven't got their WS yet? It could give you time to see theirs first if they send it. Do they have your email address? If so they could play dirty and send it the night before the hearing!
  • 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
  • Recommended Topics

Barclaycard and new Government legislation


GAVBU28
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1560 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

Hello, can anyone help please?

 

As part of new City regulators affordability rules I'm about to have my barclaycard (£6000 balance) taken away from me as I'm only meeting the monthly payments and never clearing down the balance. Barclaycard wrote to me and asked for £750 a month which is way out of reach on my income. 

 

Having been around this site for many years I'm very reluctant to speak to them, does anyone have any advice on how I should proceed here? This card is around 5yrs old and I'm committed to paying off the debt. Stopping the interest and agreeing a payment plan would suit me but will they go for it? Should I let it default and just deal with the debt agency? 

 

Any advice would be most welcome.

 

many thanks

Link to post
Share on other sites

Not really new was introduced in Sept 2018......

 

 persistent debt for 18+ months... lenders must contact customers, prompt them to change their repayment and warn their card may be suspended if they follow the same repayment pattern. They must refer to any debt advice available.
 

persistent debt for 27+ months... They will be sent a reminder of the information above.
 

persistent debt for 36+ months... lenders must offer customers a reasonable way to repay their balance. If customers are unable to pay, the FCA says the firm must show 'forbearance' and may have to reduce, waive or cancel any interest, fees or charges.

 

https://www.fca.org.uk/news/press-releases/new-credit-card-rules-introduced-fca

 

Andy

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

why don't you send them our pro rata letter in the debt collection section of our library.

that way it puts them to notice of how you are proposing to deal with you debt and if they don't help (as they must) by freezing int and charges, you then have a stick to beat them with?

 

I agree with your default thinking, the quicker they default this (which they should once), the better it is for you in the long run financially and credit file wise.

 

as for any DCA, until/unless BC sell it on, rather that just get a DCA to pointlessly chase you should they not agree to the above, you ignore any DCA

they are NOT BAILIFFS.

 

 

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

pers i'd insist they default you and mark the debt as such.

don't wait for them to agree

pay what you said when you said

then see if they agree to your terms

id not letter two time that's there as well.

 

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

What's  your minimum monthly contract payment at the moment ?

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

They have requested I pay £750 a month to reduce the balance, I currently pay £140, but never pay anything off, just keeps the card alive.

 

To be honest they're doing me a favour, if they agree to £135 a month, stop interest and fees it will be cleared in 4yrs.

Link to post
Share on other sites

Its entirely your choice which way to go with this and if you wish to retain the use of the card and avoid a default.....or lose the use and accept a default.

 

A couple of points to bear in mind though...the T&Cs of the agreement at inception stipulated the payment arrangements ..the minimum payment and % of balance that would have to be paid to to comply with the current T&Cs....which you are complying with.....so you have not breached the agreement nor is there any reason for the service to be terminated.

 

You have not been issued with a revised agreement not have the T&Cs been amended.

 

Just because some half baked scheme as been dreamt up to deal with persistent debt balance does not exclude it from complying with the CCA19974 and falling foul of section 140 A   Unfair relationships between creditors and debtors.

 

http://www.legislation.gov.uk/ukpga/1974/39/part/IX/crossheading/unfair-relationships

 

You cant move the goal posts half way through the match.

 

Andy

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...