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    • Hi,   Someone who isn't me (SWIM) bought a parking ticket for a car park whilst on holiday paid the correct fee input their car reg went to the shops and then left in their vehicle within the required timeframe. The car park operates ANPR and a few weeks later SWIM received a PCN despite having followed all the rules of the car park. The parking company is saying that they have no record of a payment for SWIMs car. SWIM wrote to the parking company explaining that they paid and followed all the rules of the car park however the parking company replied with a standard template letter and are now adding more to their PCN and threatening court action. Unfortunately before receiving the PCN SWIMs partner threw the parking ticket away as part of cleaning out the car after the holiday.     The parking company has pictures of SWIMs car entering and leaving the car park but is saying that no number plate was entered into their machine. This is not correct the number plate was definitely inputted and the fee paid in cash. The car park is in a shocking state of disrepair and there have been several cases of the company issuing PCNs due to their own faulty equipment.     The parking company have taken people to court before and lost. However, the defendants in those cases had their tickets as proof of payment. If SWIM is taken to court their argument would be that the private parking company's (PPC) equipment must have been faulty and that the only evidence the PPC has is the car driving into and out of the carpark.  They have no real evidence of no payment. In fact CCTV footage would show a payment has been made, furthermore there were no other cars in the nearly derelict car park so if a payment was registered on the machine but not a number plate that would have to be SWIMs.    Dose SWIM no longer having a ticket ruin their chance of winning if this ends up in court? SWIM is prepared to take it to court if needed.   Are there any similar cases of people winning in court despite no longer having their parking ticket?   
    • Social services need to be given on training on how to provide direct payments! 
    • I have written to them to advise of income change and employment change .. they haven't even acknowledged the income change ..they just stated I have advised about how I'm paying cmi but not addressed how I'm paying the arrears ..I have a court order in palace to pay the cmi + 200 extra they know this . However they still threatening me with eviction . And demanding more income and expenditure so I will send that in to them and see where we go as they will probably demand more again .as the income is now higher . But they are only having the extra £200 as inline with the court order . Regards Markez  
    • do you not still have your ID card etc etc. if its whom I think it is and you are thinking of switching 'sides' shall we say .....you are not alone!!   dx
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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      • 0 replies
caro

Penalties for not paying by direct debit

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Yes they have, I asked Yes they have, I asked Orange about it and they referred me to a statement the Trading Standards Institute made to Watchdog when they ran their story about these charges:

 

BBC - Consumer - TV and radio - Penalty charges

 

The Trading Standards Institute offered a statement regarding this story. It said:

 

"Trading Standards officers have received a number of complaints regarding the extra charge levied by some companies on consumers who pay other than by direct debit.

"These charges are lawful. The Price Indications (Method of Payment) Regulations 1991 allow differential pricing provided the indication of the higher price is expressed clearly, unambiguously, and that it's easily identifiable by a consumer as applying to the goods, services, accommodation or facilities concerned, and given prominently and legibly.

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However, it is worth noting that the Irish Government has enacted legislation PREVENTING firms from charging differing amounts depending on the method of payment used. Which makes you think, if the Irish can see that it is unfair and have actually done something about it, our TS should be campaigning for a similar outcome, not simply saying 'it's legal', and leaving it at that.

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This may be covered elsewhere, but another company charging £3-£4 per month if you don't pay by DD is SKY TV.


jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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So we can't argue this point then. They are charging us for paying a bill on time, and its LEGAL!?


Barclays Bank - SETTLED - £4225.00

First National - SETTLED - £125.00

Lloyds TSB - SETTLED - £994.87

Capital 1 - SETTLED - £827.95

Online Finance - SETTLED - £349.60

Argos - SETTLED - £121.00

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it appears there is nothing we can do.


Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Why not turn it on its head? It is not ILLEGAL...yet (but should be) - we just need to campaign for it.

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Yes they have, I asked Orange about it and they referred me to a statement the Trading Standards Institute made to Watchdog when they ran their story about these charges:

 

BBC - Consumer - TV and radio - Penalty charges

 

The Trading Standards Institute offered a statement regarding this story. It said:

 

"Trading Standards officers have received a number of complaints regarding the extra charge levied by some companies on consumers who pay other than by direct debit.

 

"These charges are lawful. The Price Indications (Method of Payment) Regulations 1991 allow differential pricing provided the indication of the higher price is expressed clearly, unambiguously, and that it's easily identifiable by a consumer as applying to the goods, services, accommodation or facilities concerned, and given prominently and legibly.

 

With respect to that last paragraph: I once had an With respect to that last paragraph: I once had an Orange mobile on a contract for years, and thanks to a spate of cock-ups with direct debit I embarked upon cancelling all direct debits and paying by BACS instead which I still do to this day.

 

They then charged a £4 'fee' and I looked closely at their website - both the service plan pages for the plan I had - and the 'general terms and conditions' and could find no mention whatsoever of any additional charge.

 

The pages clearly state the monthly cost of the plan but do not state anywhere that the price is only for about 60% of their customers who pay by direct debit (source: BACS website, 2/3 of people pay this way).

 

Therefore, I'd say this approach - quoting a price that only 60% of people will actually pay - fails the test in that last paragraph, and this is something many companies still do.

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Without meaning to shoot you down in flames I had a similar thought and researched it:

 

Straight from Straight from Orange's contract terms.

Orange's Pay Monthly Terms and Conditions

1 Definitions

 

Price Guide: a list of our current Charges which is updated from time to time and is available from us upon request.

Charges: all charges for Services, as published in our periodically updated Price Guide. These include any reasonable administration charges.

6.3 payment methods

6.3.1 we reserve the right to charge an administration fee each month for payments not made by direct debit

 

 

Pay Monthly Price Guide

 

The charges also seem to be clearly referred to on several pages of Orange's Price Guide and they are also clear on my bill, I doubt it is arguable on the basis that the charges are not clear.

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However, I still have my original However, I still have my original Orange service contract (long before 'Pay monthly' was coined, and I have not specifically agreed to those changes. I have never had a new phone from them since 1996 and whilst they can assert I'm covered by the revised T&C's I've never been formally advised of them.

 

Of course, all we need is to follow the Irish Route where this type of charging is outlawed, then it'll fall under the UTCC remit and we'll all be happy!

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Looking for BT Late Payment Charges Forum, (can't find) so I'll HiJack here until directed.

 

Are BT allowed to charge £7.50 late payment fee is this not just like the Banks. Answers please.....

 

Beetlejuice.

 

:roll:

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I would challenged it. Its a penalty charge.


Barclays Bank - SETTLED - £4225.00

First National - SETTLED - £125.00

Lloyds TSB - SETTLED - £994.87

Capital 1 - SETTLED - £827.95

Online Finance - SETTLED - £349.60

Argos - SETTLED - £121.00

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Guys I have written a strongly worded letter re charging for non-direct debit payers.

 

I will let you know what they say!


Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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A family member has had their £4.50 refunded by BT - on the grounds that he hasn't been notified, in writing, of the change in Terms & Conditions.

 

I however, have tried the same approach & had the reply:

"With regards to your e-mail, I do apologise for the inconvenience that unfortunately we would not be able to refund £4.50. However, if you set up direct debit on your account, this amount would be credited on your next bill."

 

Also, I have noticed that my business bill from BT doesn't include an additional charge for paying by cheque... why is this??

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After email back and forth to BT this is their latest one .:rolleyes:

 

FWI I pay by Standing Order and am never late paying .

Thank you for your e-mail dated xxxxx regarding payment processing fees.

 

Please accept my apologies for the delay in replying to you.

 

With regards to your e-mail, I am writing in response to your recent approach to BT about concerns relating to payment processing fees. I am also very sorry that you have had to make repeated contacts to have your concern resolved.

 

In response to your e-mail, I would like to inform you that from May 1st, we have reduced the price of monthly line rental by £1.00 and, broadband by £1.00 if you don’t pay by Direct Debit. At the same time, a separate payment processing fee of £1.50 a month is introduced. This is not a penalty charge but a separate fee for methods of payment which cost us more to process. So the net effect is only 50p a month more for anyone who just has a phone line with us, but anyone who takes broadband as well will be 50p a month better off.

 

BT's fee for non-Direct Debit payments is amongst the lowest around. For example, Virgin Media charge £5 a month. Many companies, such as Car phone Warehouse, will only accept customers who agree to pay by Direct Debit.

 

I also want to reassure you that the fee will not apply to customers on BT’s special rates for low income and vulnerable customers, such as In Contact Plus, the Light User Scheme, and Pay & Call.

 

The payment processing fee has been introduced because some methods of payment are costly to process. But it’s not just about the cost of taking the payments; following up when customers forget to pay on time does involve spending time and money.

 

By calculating the cost we apply a general policy for all payment methods that are not automated, i.e. other then Direct Debit or Monthly Payment Plan to reflect the higher risk of non-payment as well as the higher costs involved.

 

At BT, we are committed to offering our customers a wide choice of ways to pay their bills. Whilst we encourage choice of payment, it is worth pointing out that Direct Debit has benefits for customers. It saves time and is convenient. It means that your BT bill is one less thing to worry about.

 

If you choose to pay by Direct Debit, we try to give you up to ten days from the time of receiving the bill before processing the Direct Debit payment giving you plenty of time to ask questions, and we tell you on the bill when the amount will be taken from your

account. There is also a Direct Debit Guarantee which protects you and your money. If any error is made by BT or your bank or building society, you are guaranteed a full and immediate refund from your branch of the amount paid.

 

We will waive the non-Direct Debit fee if you choose to switch to Direct Debit or Monthly Payment Plan after receiving your first bill after May 1st.

 

Further, the fee is not transaction-based, as this would unfairly disadvantage those who need to pay in several small instalments. Instead the costs are averaged on a monthly/quarterly basis across all customers using non-automated methods of payment.

 

If you still decide not to pay the payment processing fee, we will apply our standard debt collection process. BT will not be changing its policy.

 

Please be assured whatever means you use to contact me, you can be confident that your concerns will be dealt with sensitively and professionally and in accordance with approved procedures

 

I trust, therefore, that the contents of this letter will go a long way in providing you with the reassurance that you understandably seek and provide you with the clarification needed. If you should have any further queries please do not hesitate to contact us again via e-mail.

 

Thank you for contacting BT, we value your association with us.

 

Yours Sincerely,

 

(name)

eContact Customer Service

 


When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Also, I have noticed that my business bill from BT doesn't include an additional charge for paying by cheque... why is this??

 

Because it doesn't apply to Business Lines - only Residential. Why? Because firms would tall them to take a hike and go elsewhere....

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Janet-M - I've had exactly the same email from them. I also pay on-time and found the line "If you still decide not to pay the payment processing fee, we will apply our standard debt collection process." threatening!

 

buzby - I wonder how much the line rental would be for a business line would be to my home address? I might make a few enquiries....

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All the details are on their website. The main difference is that you get a free Classified Directory entry, and a higher priority in fault repairs - usually same day, or next-day.

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well as l didn't pay the £4.50 l await their Standard Debt Collection Process with baited breath!!! Or then again l may just get on with my life lol

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by the way paid my bill on 12th July have not heard a peep yet maybe Debt Collector gonna turn up on my doorstep wanting to know how l'm gonna pay this £4.50 l owe!!

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I sent numerous e mails and got the standard stuff as posted elsewhere on here. I counteracted by saying i dont care what virgin etc charge I just say it is unfair when I pay as soon as bill arrives. I then paid the bill minus the additional charge and eventually got a call from BT to discuss the charge etc and they said the £4.50 would not be added etc and this would be for ever but I expect that I may have to do the same process every 13 weeks. I just e mail and e mail as it is totally free and doesnt take time getting through call centres etc.

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Apologies - hit enter in error


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Having just received my phone bill I am angry about the £4.50 non DD charge. Interestingly though I have also received a letter from my local council trying to get me to pay my Council Tax by DD rather than online as I do at present. The letter says that it is more cost efficient for the council as DD payments only cost them 8p to collect but cash or cheque payments cost 45p (surely online debit card payments are almost as cheap as DD?).

 

How do BT equate the cost to £4.50?


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

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by the way paid my bill on 12th July have not heard a peep yet maybe Debt Collector gonna turn up on my doorstep wanting to know how l'm gonna pay this £4.50 l owe!!

 

That's because it'll be shown as an underpayment oin your next bill. Since the bill wasn't paid in full, the Late Payment Charge will also be applied.

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but hten you can reclaim the late payment charges as they are penalty charges.


Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Maybe, maybe not. However service will be disrupted - and if BB access is part of this, service removal is almost guaranteed, irrespective of whatever the underlying problem is.

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