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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (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 does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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-v-Citi & Hillesden


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Hi folks,

just a quick post to say howdie!

starting claim against these guys. I'm At prelim stage, took 37 days to get statements.

CCA Letter sent to Hillesden 28 days ago. Letter received back acknowledging request - but no contract received as yet. I've stopped payments 'till they comply (only 1 more due anyway).

After calculating charges they now owe me!

Barclays Bank

13/9/06 - ACCEPTED HALF ON BOTH A/Cs

HSBC

21/10/06 - SETTLED IN FULL

Preferred Mortgages

11/8/06 - prelim let sent - redemption fee

12/07 - case dropped

Halifax B/S

2/07 settled in full

Halifax visa card

MCOL due

Citicards & Hillesden

2/07 Data Protection Act & CCA let sent

3/07 Prelim let sent

4/07 LBA sent

Barclaycard

04/07 offer received for 1/3 - refused

Argos Card services

Half offered - refused

PPI Claims:

8/12 MBNA Loan settled in full

7/12 Barclayloan settled in full

9/12 Liverpool Victoria settled in full

7/12 Barclaycard claim rejected

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  • 1 month later...

Hiya,

At MCOL stage,

response to LBA received, the tone was really awful & upsetting! hubby had to calm me down and put into perspective, made me realise it's not personal, standard let etc.

Basically states, they'll defend in Salford; they've won previously; I can't profit from monies not already paid blah blah, blah..

 

My question is: where do I stand re. the debt collection agency involvement (I have cc'd them into all correspondence with Citi) as Citi claim they are now longer liable if I've paid monies elsewhere

Barclays Bank

13/9/06 - ACCEPTED HALF ON BOTH A/Cs

HSBC

21/10/06 - SETTLED IN FULL

Preferred Mortgages

11/8/06 - prelim let sent - redemption fee

12/07 - case dropped

Halifax B/S

2/07 settled in full

Halifax visa card

MCOL due

Citicards & Hillesden

2/07 Data Protection Act & CCA let sent

3/07 Prelim let sent

4/07 LBA sent

Barclaycard

04/07 offer received for 1/3 - refused

Argos Card services

Half offered - refused

PPI Claims:

8/12 MBNA Loan settled in full

7/12 Barclayloan settled in full

9/12 Liverpool Victoria settled in full

7/12 Barclaycard claim rejected

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Fact of the matter is alot of what Citi state in their letters is incorrect.

 

They can ask the court to transfer Salford, however as the individual it is your right to have proceedings take place at your local county court.

 

They are winning some cases, but then again so are we.

 

From the point of view of the reclaiming your charges. Any penalty charges that Citi have levied against you you can reclaim from Citi - charges levied by the DCA once the debt has been passed on you can reclaim from the DCA.

 

There are others who have claimed when a DCA has been involved who might be able to advise you better.

 

Follow the timetable, start your claim once the 14 days in the LBA have finished. It's likely that a strategy for dealing with Citi from start to finish will be ready soon.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Thanks Enron, would it be helpful if I posted the letter on site? I'd really like to draft a stinging reply to their letter; then proceed to MCOL - or am I just wasting my time.

Barclays Bank

13/9/06 - ACCEPTED HALF ON BOTH A/Cs

HSBC

21/10/06 - SETTLED IN FULL

Preferred Mortgages

11/8/06 - prelim let sent - redemption fee

12/07 - case dropped

Halifax B/S

2/07 settled in full

Halifax visa card

MCOL due

Citicards & Hillesden

2/07 Data Protection Act & CCA let sent

3/07 Prelim let sent

4/07 LBA sent

Barclaycard

04/07 offer received for 1/3 - refused

Argos Card services

Half offered - refused

PPI Claims:

8/12 MBNA Loan settled in full

7/12 Barclayloan settled in full

9/12 Liverpool Victoria settled in full

7/12 Barclaycard claim rejected

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Share on other sites

or am I just wasting my time.

 

Probably to be honest.

 

I would just file your claim and don't forget to stick to the time table. ;)

 

Y

 

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Mint - WON! Monument - WON! Morgan Stanley - WON!

Egg - WON! Halifax - WON!

 

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08/06/06 Claim against NatWest started.

01/11/06 Case Closed :-)

 

08/06/06 Claim against Halifax started

24/08/06 Case closed :-)

 

 

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Credit Cards

Barclaycard -WON! Amex - WON! MBNA (x2) - WON!

Mint - WON! Monument - WON! Morgan Stanley - WON!

Egg - WON! Halifax - WON! Sainsbury's Bank - WON!

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08/06/06 Claim against NatWest started.

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Are you claiming default removasl also.

I think yo ushould be paying the DCA as you cannot on the one hand claim the debt is unenforceable and on the other claim back charges.

Which is it you want to do?

How much is debt and how much is charges?

Please do post the letter, they seem to have changed tactice with DCA debts lately.

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

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ok gizmo, haven't got info. re. charges on me at present; but if the charges are more than the debt, surely this is grounds to stop payment to DCA - as I would expect Citi to pay them directly or wipe out the debt.

Will post again this evening with further info.

Barclays Bank

13/9/06 - ACCEPTED HALF ON BOTH A/Cs

HSBC

21/10/06 - SETTLED IN FULL

Preferred Mortgages

11/8/06 - prelim let sent - redemption fee

12/07 - case dropped

Halifax B/S

2/07 settled in full

Halifax visa card

MCOL due

Citicards & Hillesden

2/07 Data Protection Act & CCA let sent

3/07 Prelim let sent

4/07 LBA sent

Barclaycard

04/07 offer received for 1/3 - refused

Argos Card services

Half offered - refused

PPI Claims:

8/12 MBNA Loan settled in full

7/12 Barclayloan settled in full

9/12 Liverpool Victoria settled in full

7/12 Barclaycard claim rejected

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Share on other sites

Hi folks,

quote from letter received by Citi

'despite the fact that you may have paid default fees thorughout the account's life, the fact remains that you owed my client more than you have claimed back at the date of charge off(I presume this was when it was transferred to Hillesden). Earlier repayments do not warrant treating those monies paid as somehow a debt due to you, conveniently ignoring the later debt due to my client(what's he talking about!!!) as a result, to 'refund' anything would allow you to profit from your own default. I am therefore unable to agree to refund any such monies. Furthermore, if you have paid any sums on a sold debt to a debt agency, (i have kept Hillesden informed every step of the way, and all they do is respond by letter saying they will refer to Citi - this does'nt seem the actions of a sold debt to me!!) it must be apparent that you have paid a third party and not my client, therefore you have no claim to recover sums paid to a third party from my client'

 

so he's effectively saying they're treating the a/c as a loss and that the debt agency is now responsible. I have paid back all but 1 payment re. this debt.

How do I respond to this?

Barclays Bank

13/9/06 - ACCEPTED HALF ON BOTH A/Cs

HSBC

21/10/06 - SETTLED IN FULL

Preferred Mortgages

11/8/06 - prelim let sent - redemption fee

12/07 - case dropped

Halifax B/S

2/07 settled in full

Halifax visa card

MCOL due

Citicards & Hillesden

2/07 Data Protection Act & CCA let sent

3/07 Prelim let sent

4/07 LBA sent

Barclaycard

04/07 offer received for 1/3 - refused

Argos Card services

Half offered - refused

PPI Claims:

8/12 MBNA Loan settled in full

7/12 Barclayloan settled in full

9/12 Liverpool Victoria settled in full

7/12 Barclaycard claim rejected

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my debt at 'charge off' was £1141, charges amount to £750, i've paid £1027 to DCA to date

Barclays Bank

13/9/06 - ACCEPTED HALF ON BOTH A/Cs

HSBC

21/10/06 - SETTLED IN FULL

Preferred Mortgages

11/8/06 - prelim let sent - redemption fee

12/07 - case dropped

Halifax B/S

2/07 settled in full

Halifax visa card

MCOL due

Citicards & Hillesden

2/07 Data Protection Act & CCA let sent

3/07 Prelim let sent

4/07 LBA sent

Barclaycard

04/07 offer received for 1/3 - refused

Argos Card services

Half offered - refused

PPI Claims:

8/12 MBNA Loan settled in full

7/12 Barclayloan settled in full

9/12 Liverpool Victoria settled in full

7/12 Barclaycard claim rejected

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Share on other sites

Hi

I am also dealing with Hillesden and likewise they keep saying all is referred onto their client , citibank, have you question therefore their charges (hillesden) i queried why they could charge fees every month and have had no reply, also no response yet to the CCA and citibank have just sent the get lost letter, do about send the SAR non compliance letter (they cashed the £10.00 cheque i sent them !

Debbi

 

 

 

 

Woolwich S.A.R - (Subject Access Request) sent charges 2500 offer 1894 accepted as need the money ! but the rest will go all the way !!:)

 

Woolwich (daughters) SAR sent charges 170.00 , no offer ?! :-| 14 day letter sent

 

Abbey S.A.R - (Subject Access Request) Sent pre 6 ryrs claim - one to watch !!

 

Black Horse £548, offered £262, awaiting balance got balance =paid in full:D

 

Barclaycard S.A.R - (Subject Access Request) sent

 

Halifax SAR sent

 

Citibank Sar sent - blah letter sent back. sending a SAR default notice at end of 40days

 

Capital one SAR sent, statements recd, 14 day letter sent

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Hi debbi..

Hillesden have confirmed in writing they haven't put any charges since they took over. They've responded to my cca request - saying they'll request it from Citi but it could take up to 8wks - which has long gone! I've also sent the non-compliance letter about two weeks ago.

I can't make out your last sentence... If you've sent Citi the S.A.R they have to comply - just send the non-compliance let. They do take ages though and may request further info from you re. your id. which is complete nonsense and timewasting especially if your a/c is still open. Keep me posted.

I'm about to issue MCOL against Citi

Barclays Bank

13/9/06 - ACCEPTED HALF ON BOTH A/Cs

HSBC

21/10/06 - SETTLED IN FULL

Preferred Mortgages

11/8/06 - prelim let sent - redemption fee

12/07 - case dropped

Halifax B/S

2/07 settled in full

Halifax visa card

MCOL due

Citicards & Hillesden

2/07 Data Protection Act & CCA let sent

3/07 Prelim let sent

4/07 LBA sent

Barclaycard

04/07 offer received for 1/3 - refused

Argos Card services

Half offered - refused

PPI Claims:

8/12 MBNA Loan settled in full

7/12 Barclayloan settled in full

9/12 Liverpool Victoria settled in full

7/12 Barclaycard claim rejected

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Share on other sites

Hi

thanks, yep about to send the non compliance letter to citibank I had also sent one to DLC who had the account and charged fees on top of the debt each month , 12 citi fee ? and a non payment fee, DLC suddenly became hillesden and they sent a letter back saying my request had been passed to citi , waiting to see if citi cash both cheques ! but will send a non compliance letter to both of them

Debbi

 

 

 

 

Woolwich S.A.R - (Subject Access Request) sent charges 2500 offer 1894 accepted as need the money ! but the rest will go all the way !!:)

 

Woolwich (daughters) SAR sent charges 170.00 , no offer ?! :-| 14 day letter sent

 

Abbey S.A.R - (Subject Access Request) Sent pre 6 ryrs claim - one to watch !!

 

Black Horse £548, offered £262, awaiting balance got balance =paid in full:D

 

Barclaycard S.A.R - (Subject Access Request) sent

 

Halifax SAR sent

 

Citibank Sar sent - blah letter sent back. sending a SAR default notice at end of 40days

 

Capital one SAR sent, statements recd, 14 day letter sent

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  • 3 weeks later...

Hi,

Wrote to Citi again, outlining the fact that if they hadn't applied charges to original amount then I wouldn't have paid so much back to Hillesden.

Received 2nd reply basically reiterating what they said before as follows:

 

...You advise in your letter you have been charged xxxx if we consider that the OFT have advised a fair charge to be £12 then the amount that should have been charged in this scenario, assuming the charges applied were £25 each, was xxxx. This leaves xxxx in question, however, in your case I have found that the balance on the account when the account was sold to Hillesden was xxxx. this means that whilst you may have paid some charges during the course of your account, in effect you have not paid the sum to us that you are claiming. In any court Citi woul asert that the sum representing the charges, though levied onto the account remained unsatisfied.

The press coverage on the OFT report gives the impressions that all charges are unlawful and recoverable. This is incorrect and also entirely superficial. If fails to address cases such as yours where you conveniently overlook the fact of significant non-payment . Neither Citi nor a court will do so....

 

It goes on to repeat what I posted previously. My question is 'is this true? I know I've been advised previously to issue my claim, but against whom?

Barclays Bank

13/9/06 - ACCEPTED HALF ON BOTH A/Cs

HSBC

21/10/06 - SETTLED IN FULL

Preferred Mortgages

11/8/06 - prelim let sent - redemption fee

12/07 - case dropped

Halifax B/S

2/07 settled in full

Halifax visa card

MCOL due

Citicards & Hillesden

2/07 Data Protection Act & CCA let sent

3/07 Prelim let sent

4/07 LBA sent

Barclaycard

04/07 offer received for 1/3 - refused

Argos Card services

Half offered - refused

PPI Claims:

8/12 MBNA Loan settled in full

7/12 Barclayloan settled in full

9/12 Liverpool Victoria settled in full

7/12 Barclaycard claim rejected

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