Jump to content


  • Tweets

  • Posts

    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      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.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

How To Handle Nuisance Calls


diddydicky
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5530 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

now this relates to nuisance marketing calls from HSBC rather than debt collectors but the principle is the same, after many letters asking them to stop ringing (they'd pretend it was a matter about our account in order to get to marketing something) without success i adopted a very succesful strategy and the conversation went like this (dates and names changed)

 

 

HSBC Hello can i speak to david john smith please

 

r/ yes speaking

 

HSBc introduction rubiish then - before i commence can i just go through

some security questions with you

 

r/ yes of course

 

HSBC what is the month and year of your date of birth

 

r/ my FULL date of birth is 14/10/1955

 

hsbc im sorry that is not what we have on our records can you just

confirm the month and year of your date of birth

 

r/ yes i just told you my date of birth is 14 october 1955!

 

hsbc I', sorry this is not the information we have, you ARE Mr David John

smith

 

r/ yes of course i think i should know my own date of birth don't you?

what date of birth do you have on your records

 

hsbc im sorry i cant tell you that data protection act

 

r/ so what is it you wanted?

 

hsbc Im sorry i cant discuss that as you didnt pass the security check

 

r/ thats a shame you seem so nice- goodbye!

 

 

on the next few calls i continued to change the date of birth and continued with the ploy

 

hey presto 2 weeks later- no calls

 

you could of course just give a different name and say your brother is not at home he's away for 6 weeks on a cruise or travelling the country looking for work

 

whatever......... they certainly cant discuss anything with someone else about your account theyre stuffed!

 

try it- it works

Link to post
Share on other sites

It's hard not to play these people for fools, however, it seems odd that any one ringing you should ask security questions. I think I would be telling them that I have only their word that they are who they say they are and that I have no intention of giving out information that might jepordise my security and they should know this and can I speak to their supervisor.

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

Link to post
Share on other sites

joint the tps website

 

bye bye calls!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I just tell them the number called is registered with the TPS, not to call again and hang the phone up.

 

If they do call back, I will either play games (like pretending to be deaf) with them if in a bad mood, or in a good mood call back and give a manager an earful.

Link to post
Share on other sites

the point of my thread was that telling them that you wont talk to them wont work - because their job is to harrass and torment you with incessant calls until you give in

 

however these guys work on bonuses and commissions so all the time you protest they think they are getting to you and will continue he making the calls

 

however if they realise after three or four calls that you are taking this p*ss, and since they cannot reveal what the security information is that they have got ( in case they are not talking to the right person) then it is THEY who will get demoralised because they realise that you are giving better than you are getting

 

just treat then calls as a game with this ploy and i guarantee after two weeks tops they will give up and then write to you only

Link to post
Share on other sites

tendogs- do that and you'll play right into their hands-- you will not know that you are talking to a real supervisor and since the object of the call is to get you to talk to them and reveal information you would be defeating the object of the excerise- NO CALLS NO UNWRTTEN communication

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...