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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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02 Unauthorised transactions


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Got an o2 mobile on contract and up until October i paid my bill on line. However October the 10th i set up a direct debit. This was using a brand new bank card with a different security (last 3 digits on back of card) number than my old card. O2 are the only company to have those details.

 

My first direct debit came out the begiinning of November and thats fine and this states direct debit on my bank statement.

However a further 2 payments have come out from O2 for the sum of £30 each that has nothing to do with my mobile phone payment as they do not show on mobile phone account.

 

On the statement it says "prep" which from what i believe its pre payment and looks like someone is topping their phone up with my bank details. As they are the only ones to have my details and since its since the direct debit was set up im inclined to believe it someone in o2.

 

I have cancelled my bank card and informed the fraud department in my bank but o2 are giving me the run around. Someone was supposed to phone me back after i faxed off my bank statement. They never rang. I have been passed backwards and fowards to various departments. I eventually got told i needed a 'ged number' from my bank so o2 can trace the transaction. I got told its traced back to my account (meaning mobile account). Dont see how someone topping their phone using my bank details is anywhere connected with my mobile account.

 

Anyway promised they would contact me back but yet again they havnt. It seems they are not taking this serious enough after all its theft and fraud.

 

Anyone give me any advice on whati should do. Want to ring them tomorrow and ask for full refund as im fed up of waiting.Thinking of threatening them with a letter to OFCOM and cancelling my contract. Anything or anyone else i can use to help me get my money back.

 

Thanks in advance and sorry for the long post

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Hey, I can't answer for sure on O2's procedures but I can give an idea of how other networks would handle this.

 

If you contact your bank to advise that you did not authorise these payments, your bank should be able to reclaim this money from the network and put it back in to your bank account (just make sure that you are positive these payments have not been made to your O2 account as this process flags up on the account that it has been accused of fraud).

 

Then, I would hope O2 should be able to search for the payment details using simply your bank card details (again, I must reiterate that I do not know for sure if O2 can do this, but I know T-Mobile do as I work there and do it often myself, it's not that hard) so they can find the account which your card has been used on fraudulently - they can then pass these details on to their fraud dept so they have more info to work with. Just bear in mind that there is a lot of fraud happening these days so there could be a wee bit of a backlog, but someone at O2 should be able to give you a rough timescale, I would think.

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Thanks you have made more sense than anyone i have spoken to in the last week.

 

My bank say they are investigating it. I am 100% certain i have not made the transactions.

Using a ged number o2 have said they have traced the transaction back to my account and now im waiting for someone to get back to me from o2.

 

My account is a contract and dont see how topping up a phone can be traced back to my contract account as no such payments are recorded on my contract account.

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Again, I can't be definitely sure re O2 as I have no idea of O2's price plans, but you don't have a price plan which is half contract and half payg? (T-Mobile do one of these, so just checking).

 

Ask O2 why they cannot just do a search using you bank card number to do a search as this should bring up a list of all accounts which your card has been used on. I do these at my work and it only takes 3 mins max, and it can bring up suprises ie your card being used on 5 accounts or something.

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No funny price plan. Plain contract. I used to pay online then decided to pay by dd. Its a brand new card so its only o2 who have that cards details and no other company.

 

I will ask them if they eventually get back to me. Thanks

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I had set up a direct debit on the 10th October to pay for my phone bill as before hand i paid it online. The first direct debit payment came out on the 2nd November. This is confirmed as correct.

 

However on the 25th October and 5th November and not connected to the direct debit, a payment each of £30 came out as a card payment with "prep" on the statement.

 

So someone has used my bank details to top up their mobile phone.

The only company to have these details are o2, and the only time i gave these details are when i set up the direct debit.

 

My take is a member of 02 has used my details or they have passed them on to someone else (whether purposely or accidental) who is using my details.

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I've still not got it. Who/when did you give your CARD details to? And why was there any requirement or necessity to do so?

 

Are you saying your earlier payments (that is PRIOR to creating the DD) you had given them your card details to pay your bill?

 

You see, to set up a Direct Debit, NO card details are ever requested - only your Account Number and Sort code. Anything else, and it isn't a DD!

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Ahh i get you now. Sorry i should of made myself clearer.

 

Ok the story

 

The 10th October i recieved a call from 02 on my mobile saying they have not recieved my payment as i pay it online and sometimes forget so i was late paying it. So i made a card payment over the phone using my brand new card. This payment went through ok so must have been o2 and not someone trying to get hold of my details. However i did think it was funny them ringing as they have never done this before.

So after i had paid my bill i then requested that i set up a direct debit so in future i would not be late paying my bill.

 

That i thought would be the end of it.

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Hey, here's a couple quick ways for you to check for yourself if the payments were made toward your own account. Firstly, assuming that you have made all of your other payments on time, if two extra payments of £30 have been made to your account then you should either be £60 in credit, or your bill following these payments should already have had £60 paid towards it (which should show on the bill). I would imagine you would be able to find this out either on your bills (which usually show payments over past month) or online on O2's website if they have a bit where you can sign up to view your account online.

 

Technically, "recurring card payments" can be set up whereby the network just takes the payment from your card each month without you having to call them (much in the same manner as a direct debit) but owing to the fact that you had to actually make the payment yourself each month via the website it does not sound like this is what has happened. Also, by setting up a direct debit, had this been the situation in the past it would have had to be cancelled and changed to a direct debit payment.

 

Did the person who called you from O2 ask you security questions? And do O2 have a record of anyone from O2 calling you? Otherwise it may not actually have been O2 who you spoke to. I know you say the payment went through successfully so it must have been them, but that is only assuming that you did forget to pay that month - if you had already paid then there would be a successful payment on your account.

 

Furthermore, it could be possible that the original card payment which you made was accidentally taken twice (if it was for £30) - sometimes computer glitches happen - I would ask O2 to double check this. It should be easy for them to check - they just have to look on their computer and they should have a list of payments made on the account.

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