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    • I have received a PCN from Euro Car Parks for MFG - Esso Cobham - Gravesend. I was completely unaware that there was any such limit for parking and always considered this to be a service station. I stopped there to use the toilet, have a coffee and made a couple of work calls. I have read the previous topics on this location which suggest I can ignore this and ECP will not take legal action. The one possible complication is that the vehicle is leased by my employer so I do not want to involve them with the associated reminders and threatening letters. The PCN was first issued to the leasing company Arval who have notified ECP of the hiring company. I have attached a copy of the PCN Notice to Hirer with details removed as per instructions. What options do I have or should I just pay the PCN promptly at the reduced rate of £60? img20240424_23142631.pdf
    • What you have uploaded is a letter with daft empty threats from third-party paper tigers.  Just ignore it. What we need to see is the original invoice you received last October or November.
    • Thanks for posting the CPR contents. i do wish you hadn't blanked out the dates and times since at times they can be relevant . Can you please repost including times and dates. They say that they sent a copy of  the original  PCN that they sent to the Hirer  along with your hire agreement documents. Did you receive them and if so can you please upload the original PCN without erasing dates and times. If they did include  all the paperwork they said, then that PCN is pretty near compliant except for their error with the discount time. In the Act it isn't actually specified but to offer a discount for 14 days from the OFFENCE is a joke. the offence occurred probably a couple of months prior to you receiving your Notice to Hirer.  Also the words in parentheses n the Act have been missed off. Section 14 [5][c] (c)warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid; Though it states "if any applicable ...." as opposed to "if all applicable......" in Section 8 or 9. Maybe the Site could explain what the difference between the two terms mean if there is a difference. Also on your claim form they keeper referring to you as the driver or the keeper.  You are the Hirer and only the Hirer is responsible for the charge EVEN IF THEY WEREN'T THE DRIVER. So they cannot pursue the driver and nowhere in the Hirer section of the Act is the hirer ever named as the keeper so NPC are pursuing the wrong person.  
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Please Post How Far Back You Have Managed To Obtain Statements


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everyone's case is exactly the same though surely? so as long as people follow the routine and do things properly they all frighten the bank the same I'd have thought (quite a lot)

 

and surely arguments don't come into it until the court? at which point it's likely too late for the CI argument

 

on a slightly different tack, exactly how does one stop the bank seperating the charges claim from the CI claim? Surely they offer the charges and that's that, thereafter they can point out to the judge that they're settled the charges and are now only contesting the CI part

 

all genuine questions

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everyone's case is exactly the same though surely? so as long as people follow the routine and do things properly they all frighten the bank the same I'd have thought (quite a lot)

 

and surely arguments don't come into it until the court? at which point it's likely too late for the CI argument

 

on a slightly different tack, exactly how does one stop the bank seperating the charges claim from the CI claim? Surely they offer the charges and that's that, thereafter they can point out to the judge that they're settled the charges and are now only contesting the CI part

 

all genuine questions

 

See here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

I have already had 6 years back and am now going back to 1996-1999 but have still got one charge left from 2007 which was made after the other 6 year charges were refunded.

 

I paid this charge and then closed my account.

 

Tanz

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Micky, Emma and Un1,

This here is something I have copied along the way from this site - the interest rates (apart from the 8%) are obviously appertaining to the case from which I copied it but you get the picture. I've used this type of calculation with success but not had it tested in court. Hence my return, for a refresher, to those parts of this site dedicated to interest rates.

"The Claimant claims compound interest on the amounts claimed under the principle of mutuality and reciprocity in the contract between the Claimant and the Defendant, using the rate and method specified in the said contract, and as is applied by the Defendant to monies it is owed.

b) The Claimant’s grounds for seeking restitution of the compounded contractual rate of interest is that the Defendant would be unjustly enriched if the Claimant's entitlement was limited to the statutory rate of interest in that the Defendant has had use of the sums and would have used these sums to re-lend at commercial compounded rates.

c) The Claimant contends that the taking of unlawful penalties from the Claimant’s Account is unauthorised borrowing by the Defendant. Therefore, under the principle of mutuality and reciprocity in the contract between the Claimant and the Defendant, in the first instance the Claimant has calculated compound interest originally charged by the defendant, being 29.50%.

d) In the alternative to 9.c), should the taking of unlawful penalties from the Claimant’s Account not be deemed to be unauthorised borrowing by the Defendant, then, under the principle of mutuality and reciprocity in the contract between the Claimant and the Defendant, the Claimant has calculated compound interest at the Defendant’s authorised borrowing rate, being 16.99%.

e) In the alternative to 9.c) and d), if the Court decides that the Claimant is not entitled to the contractual rate of interest under the principle of mutuality and reciprocity in the contract between the Claimant and the Defendant, then the Claimant has calculated interest under section 69 County Courts Act (1984) at the rate of 8% a year

f) Details of interest calculated & rates used are attached to these Particulars of Claim (Appendix 1) as follows:

Column1 – Compound interest calculated daily at an annual rate of 29.50%

Column 2 – Compound interest calculated daily at an annual rate of 16.99%

Column 3 – Simple interest under s.69 of the County Courts Act 1984 at an annual rate of 8.00%"

Hope it helps.

Ken

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The penalty charges and interest levied thereon, form the principal of your claim. They both represent unlawful debits on your account.

 

Penalty charges - because they are a penalty and contractual interest because they have have then levied this on charges which were unlawful.

 

You dont seriously think a judge would allow any bank to profit from interest on an unlawfully applied debt.

 

Think about it.

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this is all very interesting but can we keep this thread purely for the purpose of recording how far back you have managed to obtain statements please folks.

 

sorry to be bossy but otherwise the info will soon get buried here. Can I suggest you start a new thread for these important discussions, thanks.

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No worries. Thanks Dr Hunter - have updated the summary

 

Abbey - 1926 -80 odd years!

A&L -

Barclays - 12 years

Barclaycard -

Clydesdale (per debt_mountain's thread) - 1996 - 11 years (account opening)

Co-op -

Co-op credit card (per Glenn's thread) - 1997 - 10 years

HBOS:

Bank of Scotland - 10 years

Halifax - 1991 - 16 years

HSBC -

Lloyds TSB -

NatWest - 1992 - 15 years

Nationwide -

Northern Rock - 1995 - 12 years

RBS - 15 years

Yorkshire - 7 years (possibly 10)

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Bong, an update on the HSBC.

It seems that they have suddenly changed their minds and are not going to be supplying the additional 5 year's info.

It looks like the member of staff involved has been told off.

So, still nothing concrete on HSBC. :-(

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Bong / Emmaf

But if I start hassling them about bank charges, is that acknowledging the debt?

 

If you do start chasing them and they do say you owe you them for the accounts then surely this is proof they have records going back to the dates of that account. Therefore they shoot themselves in the foot!!

Just a thought

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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This info may be of some use to Barclaycard customers. Over on the Barclaycard forum I have been told Barclays state they only started charging on Barclaycard in mid 2001. I got statements back to early 2001 and have no charges until july 2001 (and yes I was over limit at the time).

Alibobsy (off to post 2 lots of prelims to Barclaycard :))

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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I got my Barclaycard statements back to Oct 2000.

 

Barclaycard re-started charging penalty charges in August 2001.

 

Note that "RE-started"

 

Back in the late 1980s I got charged a fiver a time for late payments and going overlimit.

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I got my Barclaycard statements back to Oct 2000.

 

Barclaycard re-started charging penalty charges in August 2001.

 

Note that "RE-started"

 

Back in the late 1980s I got charged a fiver a time for late payments and going overlimit.

 

This info may be of some use to Barclaycard customers. Over on the Barclaycard forum I have been told Barclays state they only started charging on Barclaycard in mid 2001. I got statements back to early 2001 and have no charges until july 2001 (and yes I was over limit at the time).

Alibobsy (off to post 2 lots of prelims to Barclaycard :))

 

Well these two posts conflict

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It's over ten years since I had a Barclaycard, but I KNOW that when I went over limit, or was late with a payment (because those cheques take soooooo long to clear!), I was charged. Was about £10-£15 as I remember.

 

No proof though. If I find any, I'll make it available.

 

;)

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No real conflict.

 

Barclaycard were charging default fees in the 1980s, later they abolished them due to increased competition from the explosion in the number of other card companies.

 

In mid 2001 Barclaycard re-introduced their default fees.

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No real conflict.

 

Barclaycard were charging default fees in the 1980s, later they abolished them due to increased competition from the explosion in the number of other card companies.

 

In mid 2001 Barclaycard re-introduced their default fees.

 

Yes noomill060,

 

I am aware of that but if as I thought was the case that they were re-introduced in August 2001 how com ethe other person has one from July 2001.

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thanks whatmoney!

 

updated summary

 

Abbey - 1926 -80 odd years!

A&L -

Barclays - 12 years

Barclaycard -

Clydesdale (per debt_mountain's thread) - 1996 - 11 years (account opening)

Co-op -

Co-op credit card (per Glenn's thread) - 1997 - 10 years

HBOS:

Bank of Scotland - 10 years

Halifax - 1991 - 16 years

HSBC -

Lloyds TSB - 1997 - (date of account opening)

NatWest - 1992 - 15 years

Nationwide -

Northern Rock - 1995 - 12 years

RBS - 15 years

Yorkshire - 7 years (possibly 10)

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Can anyone help with getting statements from HSBC - I have loads of charges with them but it was over 6 years. Back then I was really bad with my money. I got a massive overdraft and they then closed the account. I couldn't pay it all off so they defaulted me and I paid £100 a month for 10 months to Metropolitan Collection Services. Do you think I might be able to get some details from them? HSBC seem to maintain the 6year policy but won't say how the data is deleted. I'm kind of stalling with them at the moment.

 

I take it no-one has been able to get older statements that 6 years?

JKop Vs Barclays SETTLED

JKop Vs Cahoot SETTLED

Jkop V Capital One SETTLED

Jkop V Marbles SETTLED

Jkop V MBNA £422 MCOL

Jkop V Egg SETTLED

Jkop V Cahoot Credit Card SETTLED

Jkop V HSCB £1500 W.I.P!

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I too would be intersted in HSBC (First Direct in my case). I have already had 6 years of charges and sent a SAR for "everything" sent last week. Though they have already called me to say we have no statements older than 6 years! I even challenged the caller about micro and pc files - no only 6 years nothing older. Told them to put it writing.

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Just subscribing!

 

:)

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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I think people should use the whizzy para that bong posted last week, asking that the something officer signs a statement confirming that they hold no data prior to that already supplied

 

I think you really have to put a specific and professional person on the spot to get some truth out of them

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