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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • little old lady
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By little old lady · Posted

      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.
    • BankFodder
      Shock !!EVRI has lost my parcel PS5 - court claim issued

      By BankFodder · Posted

      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
    • Nicky Boy
      Shock !!EVRI has lost my parcel PS5 - court claim issued

      By Nicky Boy · Posted

      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. 😅
    • Nicky Boy
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By Nicky Boy · Posted

      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...  
    • FTMDave
      Horizon ANPR PCN - overstay - Iceland Chester

      By FTMDave · Posted

      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.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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      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.

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      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

debitas

sonic007

By sonic007
in Debt Collection Agencies

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catherious

catherious

Posted
Posted

Hey,

 

Found this letter template in a thread entitled DCA correspondence on page 2 of this section, hope it's what you're looking for. Check the post for full details. I'm pretty new to this myself Sonya.

 

I strongly advise looking through all the posts in this DCA section, they are really useful. Here's the letter template I copied.

 

 

 

Hello everyone, Just briefly I've slightly modified (hope thats ok!) the letter to read as follows,

 

Official Notification

 

Your Ref: XXXXXXXX

 

 

(Debt Collection Services) ,

To Whom it may concern,

 

It has come to my attention that the debt alleged by (Bank/Creditor) may contain a high proportion of unlawful charges.

 

I have issued my concerns with (Bank/Creditor) regarding this account and now am in the process of taking the matter to court. Now as they are aware that this account is in dispute they should not have passed this account to yourselves for this act alone is in breach of the Office of Fair Trading guidelines concerning legitimately disputed debts; if you act on their instruction you may be party to this also.

 

Therefore please accept this letter as written confirmation that the account is “in dispute” until this matter is resolved.

 

Yours Sincerely,

 

 

 

I hope this is what you need sonya. All the best.

 

Keep fighting the good fight!!

catherious

Keep fighting the good fight!!

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blackrain

blackrain

Posted
Posted

You could quote the Wireless Telegraphy Act as well when asking them to stop phoning and put everything in writing. You could also say that the next phone call you recieve you will report to the police for harassment. When they ring get their full name and department. Log the time of the call and say Im reporting you for harassment and put the phone down.

 

Or change your phone number. I don't give anyone my number anymore ;)

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sonic007

sonic007

Posted
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yes they are very persistant arnt they and can be very rude. also have you any idea how to change my name on this site? think l should have got my full name on the thread and need to change it if anybody from the banks are on here!

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sonic007

sonic007

Posted
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have sent a letter to DEBITAS concerning my dispute with capital one, to-day l had a phone call refused to answer sucurity question and then a very RUDE operater said for me to phone them urgently, which l have not done any body any suggestions ?

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catherious

catherious

Posted
Posted

As blackrain advises, tell them you only wish to be contacted in future by letter. If you request this, they have to adhere to your request.

 

Put this in writing to them, and/or call them, quoting the Wirless Telegraphy Act if you wish. They are NOT entitled to call you once you have clearly stated that all future contact should be by letter only. IF they persist, take action.

 

Keep fighting the good fight!! - you will win!

catherious

Keep fighting the good fight!!

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sonic007

sonic007

Posted
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letter came today from DEBITAS said if i didnt call them to make payments they are taking me to COURT! They have allready DEFAULTED my account after sending letter for account being in dispute they are still phoning me think i,m in a worse mess now than before just dont know what to do now.

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Seminole

Seminole

Posted
Posted

For a start, don't panic.

 

Am I right in thinking that the debt is in dispute because of charges added to the account. Have you got account statements from which you can add up the charges? Have you sent the prelim letter to recover the charges?

 

If they are bothering you by phone send the harassment letter in the library and then make a complaint if they continue to pester you.

 

The key thing to remember is that it's these peoples' job to bother you and harass you to make you pay quickly. In your case it sounds as if a lot if not all of the debt is in dispute. It may not seem like it at the moment but you are in the driving seat here and we can help you take control of the situation.

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texel

texel

Posted
Posted

I find a number of credit card companies and banks phone with no return number. BT have a service that barrs any calls from people who do not have a return number listed. I find it saves a lot of annoying calls. I tell every call from c/cs and banks etc that I will only deal by mail!!!

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sonic007

sonic007

Posted
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Posted
For a start, don't panic.

 

Am I right in thinking that the debt is in dispute because of charges added to the account. Have you got account statements from which you can add up the charges? Have you sent the prelim letter to recover the charges?

 

If they are bothering you by phone send the harassment letter in the library and then make a complaint if they continue to pester you.

 

The key thing to remember is that it's these peoples' job to bother you and harass you to make you pay quickly. In your case it sounds as if a lot if not all of the debt is in dispute. It may not seem like it at the moment but you are in the driving seat here and we can help you take control of the situation.

 

yes have sent all up to L.B.A. and have rejection of settlement and sent DEBITAS letter saying acct in dispute. What annoyes me more is that they have a default on my acct now if they was to pay the charges i would only owe them 200.00 so do l write or phone them and make a offer to pay so much per month?

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sonic007

sonic007

Posted
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yes have sent all up to L.B.A. and have rejection of settlement and sent DEBITAS letter saying acct in dispute. What annoyes me more is that they have a default on my acct now if they was to pay the charges i would only owe them 200.00 so do l write or phone them and make a offer to pay so much per month?

 

£378.00 total of fees

£22.38 INT 8%

TOTAL OF FEES WITH 8% INT= £400.38

THEIR OUTSTANDING BAL = £654.24

 

OUTSTANDING TOTAL £253.86

THEN HAVE TO WORK OUT THE DAILY RATE

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sonic007

sonic007

Posted
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Hang on, do Debitas own the debt? If not they can't take you to court....only Cap1 can initiate proceedings.

 

how do l find out if DEBITAS own the debt? have to get reply out today before they start court proceedings?

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sonic007

sonic007

Posted
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I think Debitas are the inhouse collection agency for Cap1 so in theory you are still dealing with Cap1

 

hi there mnbig

so do l send another letter to Debitas reguarding my dispute and offer a payment?

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blackrain

blackrain

Posted
Posted

Does the letter state they WILL start court proceedings or that they MAY start?

 

Has any of your correspondence had something like Client: Capital 1 on? If there is any reference as to collecting for them. Something along the lines of 'it has been passed to us for collection'? It isn't conclusive but if it's worded like that then they probably don't own the debt.

 

My understanding is that Debitas don't buy debts but don't take that as gospel.

 

If you have the money then start the claim online against Cap1 then you're account will well and truly be in default and obviously with it being in default there is no way you will be paying Debitas anything.

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blackrain

blackrain

Posted
Posted

Took too long posting that! Yes, I understand they are owned by Cap1.

 

If you're offer of payment was going to be £30 though I would just start the court claim. You will have your balance reduced in a couple of weeks or so and then you can deal with the remaining balance.

 

Cap1 don't believe accounts are in dispute UNTIL you have started court proceedings.

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sonic007

sonic007

Posted
  • Author
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Debitas say as l have failed to take any action to deal with claim or make contact(which l have by letter only) to consider pursuing court action . they have sent payment slips which have CAPITAL ONE on them? I am doing court claim to-day so do i send letter to DEBITAS to acknoledge this?

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blackrain

blackrain

Posted
Posted

'consider' court action.... that's because they can't say they WILL do something they don't intend to do. They aren't taking you to court.

 

This is just personal opinion and someone here may have a more definitive procedure for you but I would start my claim. Then send a schedule of charges to Cap1 that you are claiming so you are following the correct procedure and also insert a letter to Cap1 pointing out you have started the claim and the account is in dispute so call off Debitas. Remind them they are responsible for Debitas' actions and mention that you have received phone calls that could constitute harassment and you will be reporting both Cap1 and Debitas if you receive anymore.

 

Make sure you fill your claim out following the examples on the site here and you will have the charges wiped before you know it. GL.

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