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    • 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.
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Mbna Question


weststreet
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We sent off a DPA request & £ 10 for an Mbna credit card and Mbna loan.

 

We have had a response on the credit card but nothing on the loan and they've returned the £10 uncashed. The credit card info is a list of charges for the 6 years but nothing on the interest. This credit card had a balance of about 3.2k on it when O/H got into debt trouble and Mbna agreed a short settlement of 1.2k. The reason we asked about this card was O/H thought the 3.2k balance was mostly made up of charges and interest. The charges listed are 1k. What I suppose I need are statements so I can identify the 'real' balance and then track the charges and interest to see how much of the interest relates to charges. Obviously if his 'real' debt was 1.2k or greater we won't go any further with this ( the short settlement ). A couple of questions :

 

Does anyone have a letter template spelling out we want the complete history?

Does the original date of the DPA letter stand ? even though this was geared towards charges ( letter from library ) which they've supplied, plus returning the £10 cheque bit, does this muck it up ?

Also they've ignored the loan info. We really need the copy agreement and a full history like the credit card above. I'm again concerned the DPA letter didn't cover what we wanted. Do we start again spelling it out ?

Also do we have to send the I.D. they've requested ( if we need further info ) inasmuch as they gave us the charges without it.

 

Just feeling confused about what we do and don't need to do next, what they can demand, and feeling a bit messed about at the moment.

 

Any thoughts appreciated.

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Guest Lueeze

You need to fill in the ID stuff, its a part of the DPA legislation.

 

Jusst send a reminder letter with the form, saying you request all the statements inlcuding details of charges/interest and whatever else you need.

 

You also said you had not heard about the loan..and they sent the £10 back, well what did it say when they sent it back to you?

 

Dont worry too much, you will be fine..

 

Lou x

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So does the 40 days start ticking from the date they received the original DPA request, or from the date they get their filled in form plus ID ?

 

The original DPA request asked for info on a credit card & loan, both account numbers supplied. Plus the £10 fee....... The response only deals with the credit card charges and says ' on this occasion they've waived the fee'. So absolutely nothing so far about the loan. Maybe it's a different department ? More likely they've just 'lost' the loan bit of the request.

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Guest Lueeze

its starts from when they get the ID im afraid, very sorry, It has been discuss previously, especially about Egg credit cards. I would remind them about the loan when you send back the ID info.

 

Lou x

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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