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    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Bristol And West Charges And Erc So It Begins


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Allo folks, ive been slightly delayed in dealing with the Bristol and West bearing in mind ive remortgaged three times in the last 6 years. As some of you know i m currently going after the Birmingham midshire aswell as the Chelsea. today I dispatched my Sar to the Bristol with a few slight amendments to the letter, basically warning them off playing silly buggers re asking for additional costs and delays in sending out statements etc.iam in no doubt that il suffer the same obsticles that our friend alanfromderby has recently suffered. So I wait with baited breath.

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  • 3 weeks later...

Well folks it would seem that the Bristol and West are playing the same game with me that they did with Alanfromderby. Got letter this morning from a Miss Bawdon Compliance Technician stating that my £10 postal order is not an acceptable means of payment for the SAR. She further goes on to state that the time deadline starts from the day the accept the 'acceptable payment'. All of this despite the fact that I stated in my original letter that id contacted the information Office and was assured that a postal order was acceptable, and also that a previous consumeractiongroup member had been through this rigmarole and his postal order was eventually accepted. just going to go back through Alans thread and see how he dealt with this

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  • 2 weeks later...

Alan is my hero!!!

 

Did you get my PM?

 

Also, what name/contact did you use / address?

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Ive got it mate. In the end I used a contact that I found on one of the previous letters.

 

Cheers :)

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Folks i have today received data including statements from the illustrious Ms Bawdon of Bristol and Wests Data Team. Must admit the lady had worked quick to provide the material. However as my morgage account with them went back to 2004. She has only included material from 1999 onwards. She has however stated in her attached letter the following

'There is also a delay with the issuing of producing duplicate annual morgage statements from before 1999, This is due to a change in banking systems and information being archived. Again this informaion will be sent as soon as received'.

 

Now from the information i have to hand at the moment ie....1999 til close of account 2003, there is a couple of grand in charges. The bulk are pre 1999.( Not touchin erc at this stage). Can i still submit a claim for the period 1999 til 2003(the data i have to hand at the mo) or should i wait for the pre 1999 stuff (have to admit tho i know it will exceed £5000 poss fast track)

 

what do you folks think.Zoot if your out there id appreciate your take on this situation

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  • 2 weeks later...

Folks I have n today received the rest of my statements going back to 1994, the whole claim for charges comes to around £4000. However a good bulk of these charges are desscribed as litigation fees (some £1500 worth) is it still possible to claim these? surely Bristol and West need to justify these charges what do you think?

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Many of the "Litigation Charges" on my claim ended up being internal fees. It is important now to list every charge you wish to dispute, and send a letter to B&W asking that they provide:

 

a) A full explanation of what the charge is for.

b) Where the charge is an internally generated fee - what the actual costs were to Bristol & West in relation to that charge.

c) Where the charge relates to outside expenditure - what was this expenditure for, and to what company or statutory body was it paid.

d) Documentary evidence in support of the above.

 

At this stage I would not put any figure on your potential claim. Just state that you believe that many of the charges levied are unlawful, and that you will be forced to commence legal action against them if they fail to provide a satisfactory response to your request for information within 14 days (or 21 if you are feeling generous).

 

It is vital with B&W that you challenge everything, and put them to provide justification for their charges. By doing this, you will then be able to clearly see what items can be properly disputed. It will also put them in a very weak position when the matter inevitably escalates into a court claim.

 

 

 

 

 

 

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Alan, my LBA for B&W is due to go out early next week (they have replied already with the 'NO YOU AINT HAVING IT AS YOU KNEW' reply last week...

 

Have you got a draft template at all for this?

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Alan, my LBA for B&W is due to go out early next week (they have replied already with the 'NO YOU AINT HAVING IT AS YOU KNEW' reply last week...

 

Have you got a draft template at all for this?

 

zootscoot better understands the process over ERC's, there should also be some information in the Mortgage Forum stickies.

 

 

 

 

 

 

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Hi - Don't mean to highjack this thread but need some advice from people already dealing with B&W.

 

I am of a mind to claim back my ERC from B&W. Having lost my final statement (I moved mortgages May 2004) I applied for a copy from B&W who charged me £20.00 for the privilege.

 

My statement does not actually use the wording "Early Redemption Charge" but does show that I was charged 5% interest (approx £2800) of the outstanding amount in the last month. The 5% charge was in accordance with B&W detailed charges for 'early settlement'.

 

Given that the statement doesn't actually state ERC, should I still proceed and try and reclaim the £2800?

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Folks I have today written to the good folk of Temple Quay asking them to justify their so called litigation fees (some £1600 worth of them). i have been delayed in dealing with this having been tied up with my Birmingham Mids case. i await the reply fom Bristol and West with baited breath

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I sent my LBA off following Zoots advice in my B&W thread.

I havent questioned ANYTHING - I just sent off the LBA as per the template in the stickies...

 

Have I done a booboo???

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Folks in light of recent developments i will be puuting my Bristol and West ERC on hold for the mo. Now the problem i have at the mo, is the following.

 

All my Bristol and West charges combined come to about £3800.00

The litigation fees account for approx £2300.00 of the above.

Following alanfromderbys advice i have written to the B+W to ask them to justify the litigation fees, iam almost sure they will not be able to do this.

The charges go back to 1996 at the earliest, therefore IF it goes to court with interest added it is going to be fastrack (ive worked it out, just exceeds £5000 with interest added). Now given our recent fastrack upsets (from which we re all still recovering) can anyone see any danger in this? or should this be a foregone conclusion as it relates to charges alone?

i dont underestimate the clout of the B+W i .know theryre not the easiest of foes to deal with.

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As this isn't an ERC it will be different - but I would read Aln's thread a couple of times and ask alan for any advice if you are stuck as he has been through a lot with them and both sides have conceded on some points - so he is best placed to help you with the workings of B&W.

Good Luck with this - be preapred for a long drawn out battle.

Consumer Health Forums - where you can discuss any health or relationship matters.

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