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Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group. I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to: 1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA -
By rickyleavet · Posted
My understanding is that they won't provide the name to me whether the investigation is Live or Closed, & I have no legal rep as I didn't have P.I. Cover on my policy, & am intending to claim using OIC.org.uk, but remain completely stuck as they 100% cannot open a claim on the portal without both the Reg. No. & Name of the other driver. -
thanks again ftmdave, your words are verey encouraging and i do appreciate them. i have taken about 2 hours to think of a letter to write to the ceo...i will paste it below...also how would i address a ceo? do i just put his name? or put dear sir? do you think its ok? i would appreciate feedback/input from anybody if anything needs to be added/taken away, removed if incorrect etc. i am writing it on behalf of my friend..she is the named driver - im the one with the blue badge and owner of the car - just for clarification. thanks in adavance to everyone. My friend and I are both disabled and have been a victim of disability discrimination on the part of your agents. I have been incorrectly 'charged' by your agent 'excel parking' for overstaying in your car park, but there was no overstay. The letter I recieved said the duration of stay was 15 minutes but there is a 10 minute grace period and also 5 minutes consideration time, hence there was no duration of stay of 15 minutes. I would like to take this oppertunity to clarify what happend at your Gravesend store. We are struggling finacially due to the 'cost of living crisis' and not being able to work because we are both disabled, we was attracted to your store for the 10 items for £10 offer. I suffer dyslexia and depression and my friend who I take shopping has a mobility disability. We went to buy some shopping at your Gravesend branch of Iceland on 28th of December 2023, we entered your car park, tried to read and understand the parking signs and realised we had to pay for parking. We then realised we didnt have any change for the parking machine so went back to look for coins in the car and when we couldnt find any we left. As my friend has mobility issues it takes some time for me to help him out of the car, as you probably understand this takes more time than it would a normal able bodied person. As I suffer dyslexia I am sure you'll agree that it took me more time than a normal person to read and understand the large amount of information at the pay & display machine. After this, it took more time than an able bodied person to leave the car park especially as I have to help my friend on his crutches etc get back into the car due to his mobility disability. All this took us 15 minutes. I was the driver of my friends car and he has a blue badge. He then received a 'notice to keeper' for a 'failure to purchase a parking tariff'. On the letter it asked to name the driver if you wasnt the driver at the time, so as he wasnt the driver he named me. I appealed the charge and told them we are disabled and explained the situation as above. The appeal was denied, and even more so was totally ignored regarding our disabilities and that we take longer than an able bodied person to access the car and read the signs and understand them. As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us. I cannot afford any unfair charges of this kind as I am severely struggling financially. I cannot work and am a carer for my disabled Son who also has a mental and mobility disability. I obviously do not have any disposable income and am in debt with my bills. So its an absolute impossibility for me to pay this incorrect charge. After being discriminated by your agent my friend decided to contact 'iceland customer care team' on my behalf and again explained the situation and also sent photos of his disabled blue badge and proof of disability. He asked the care team to cancel the charge as ultimately its Iceland's land/property and you have the power over excel parking to cancel it. Again we was met with no mention or consideration for our disability and no direct response regarding the cancellation, all we was told was to contact excel parking. He has replied over 20 times to try to get the 'care team' to understand and cancel this but its pointless as we are just ignored every time. I believe that Ignoring our disability is discrimination which is why I am now contacting you. I have noticed on your website that you are 'acting' to ease the 'cost of living crisis' : https://about.iceland.co.uk/2022/04/05/iceland-acts-to-ease-the-cost-of-living-crisis/ If you really are commited to helping people in this time of crisis ..and especially two struggling disabled people, can you please cancel this charge as it will only cause more damage to our mental health if you do not. -
By rickyleavet · Posted
I've also been in touch via the online portal to the Police's GDPR team, to request the name of the other Driver. Got this response: Dear Mr. --------- Our Ref: ---------- Thank you for your request which has been forwarded to the Data Protection Team for consideration. The data you are requesting is third party, we would not give this information directly to you. Your solicitor or legal team acting on our behalf would approach us directly with your signed (wet) consent allowing us to consider the request further. I note the investigation is showing as ‘live’ at this time, we would not considered sharing data for suggested injury until the investigation has been closed. If you wish to pursue a claim once the investigation has been closed please signpost your legal team to [email protected] Kind regards ----------------- Data Protection Assistant -
Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
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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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We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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This is good ethical practice.
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