Jump to content


  • Tweets

  • Posts

    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (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 fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
  • 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 - Default notice requirements


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

Thread Locked

because no one has posted on it for the last 343 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 all, 

 

trying to get myself up to date with handling a couple of debts.

 

I've received a DN from Barclaycard as I'm behind with my payments, but simply don't have the money to clear the arrears.   Can anyone point me in the direction of the latest requirements to make a DN legal?   I remember there used to be questions around the dates issued, sent etc. 

 

I'm sure Barclaycard are up to date with what they're supposed to do, but knowing how these clowns play an ignorance, I could well be wrong! 

 

TIA

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

Link to post
Share on other sites

  • dx100uk changed the title to Barclaycard - Default notice requirements

Easier if you upload a redacted copy (just your name and address) and we will tell you if its valid BL.

 

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

giving a month and format is correct

probably a good thing

the quicker its registered defaulted

the quicker it falls from your file in 6yrs regardless to anything else going.

 

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

And generous to say the least should only be 14 days + service.

 

 

.

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

Ah, that was what I was trying to think of - thanks guys.  14 + service. 

 

Ok, so I either make an arrangement to repay, or let it default. What do you think their chance of a ccj is?  I can't afford to have that for work, so should I negotiate?

 

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

Link to post
Share on other sites

as you've been told before

 

OC's dont do CCJ's.

if your situation is not going to change in the forseeable future better to let it get defaulted....

 

however if you feel 60days could help you

if you invoke 

 

 

they cant default you till that expires.

 

dx

 

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

Cheers dx, I think I'll let it default then - no point prolonging the inevitable.  It's been a long time since I was in this position, so just allow me to recap - 

 

Let it default, then will they refer to a DCA or sell the debt (or is that the same thing?!) and then I negotiate with them to pay a small amount monthly? As I say, I can't have a ccj so need to do the minimum needed to avoid it. 

 

Thanks all

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

Link to post
Share on other sites

if you dont get a notice of assignment its not sold, 

any dca letters etc etc simply ignore totally.

 

months years down the line

you might get a letter of claim from the debt buyer/dca following their NOA.

comeback if you do.

 

there is no harm in making sure the DN get registered by a defaulted date appearing on your file in the summary of the debt/

then start paying a small amount to the oc  until its sold.

 

your call

 

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

Makes sense DX, get the default on the file asap so the 6yr clock starts ticking, then offer & begin to make small payments to show willing. 

Edited by bradfordlad

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

Link to post
Share on other sites

Have you considered contacting Barclaycard and arrange to pay any arrears?

 

Going back about five years fell into arrears with my Capital One card and received a default notice after my employer made insolvent. They were very good and put me on a three-month payment plan. extended if necessary. They put a restriction on my card.

 

That gave me the breathing space required in clearing the arrears, no default recorded and still have use of the card.

 

But you need to put this in context with other credit commitments and total personal debt levels as a recorded default will screw your credit rating for six years.

 

Once an account been defaulted, even with small repayments, they can still go for a CCJ

Edited by whitelist
Link to post
Share on other sites

It isn't world ending for your credit rating if you default, unless you are looking to take out a mortgage or change landlords in the next 12 months.  Over time the default becomes less and less important (providing you don't get another one) to lenders.  If you just have one 3 year old default in isolation , most lenders won't worry about it.  After 6 years, nobody can even see it anymore, as i would have dropped off your file.

 

It would seem that it's in your best long term interest to let this default as soon as possible, and simply ignore the barrage of letters that come your way. The only one that you need to look out for is a letter before Claim, in which case you come here.

 

In my experience, there is about a 20% chance of receiving a claimform over the 6 years. I base this on the 20 or so defaults that I had.  

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

 

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

Link to post
Share on other sites

In my experience, when applying for credits, finance companies such as credit card applications do not even look at your credit file. They simply rely on computer algorithms with your your credit score provided by the credit reference agencies.

Your credit score level decided on any negative entries, such as defaults or County Court judgements. Any missed payments or existing credit utilisation level.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...