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    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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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.

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Capital Finance One Ltd - my Problems


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Hi,

 

I havent visited the forum for a while and hope you dont mind me "hijacking your thread" but as you are in the same boat as me I recieved the following email in regards to offering them a payment plan. Im assuming it isnt true what they are saying on the email in regards to the door step collections or Penalty charges??

 

Hi Craig,

 

Unfortunately we are unable to set up a payment plan for you, but you do need to make payments towards the account of what you can afford to help bring the balance down. Due to late payment you have to expect to pay some kind of penalty whether you have advised us of your situation or not but if you co-operate with me I am willing to negotiate about some of the fines on your account but I need your commitment and a payment to enable me to do this.

 

In regards to door to door collections, they are eligible to visit your address and do not need any permission or warrant to do this. We are able to use our door to door collections team and they are more than eligible to try and recover the full balance for us, and add on their own additional fees for making the visit. It is up to you if you want to co-operate. You have provided your work number as a contact number and we are eligible to attempt to contact you daily on all numbers you have provided to try and recover your debt. As you have an outstanding balance with us we have every right to do so and until an arrangement is made that is suitable for both of us or we receive the minimum payment (Interest) we will continue to contact you on all numbers provided as part of collections process.

 

Kind Regards

 

Nicola Coleman

 

Nicola Coleman

Total Claim £956

 

21/11/06 - Letter sent demanding charges back

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Get that email to the OFT and Trading Standards IMMEDIATELY, they are grossly inflating the debt, they CANNOT let the doorstep collectors charge 'their own level of fees' and they CANNOT send them round at will, completely breaches the OFT guidelines on debt collection.

 

Get the complaint in pronto.... they are way way out of line here, you have been trying to negotiate with them but they do not want to know.

 

COMPLAIN COMPLAIN COMPLAIN

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Thanks, I shall get that sent to them tomorrow. My orignal debt was £270 which i owed them, since none payment it has gone to over £550, ive never once ignored the debt as im sure a lot of people havent, they just dont respond to emails, are they allowed to add such high fees, or penaltys as they call it??

Total Claim £956

 

21/11/06 - Letter sent demanding charges back

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My initial loan was 268, now its 500. 20 a month is all theyre getting. They can pass it to who they want.....Door to door collection, if they can get past the dog in one piece ill pay the full amount :).

They are by miles the worse , everyone else is prepared to do some sort of negotiating.

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Technically they are NOT allowed to add charge on charge on charge, they are SUPPOSED to allow you to negotiate, and based on the original loan amount plus one months interest seems more than fair considering the intended short term nature of the original loan.

 

They do like to try court now and again but are getting stung now people know how to defend themselves, (I've done several defences for PDL companies now and work on the basis of flawed particulars of claim, the loan history, their ultra high interest rate and charges and a plea for mediation - they do NOT want to explain their charges and interest rates in front of a judge). There is no real merit in going down the default notice route as it is not always advisable and some judges will automatically give judgement to the claimant if they see 'Default Notice' at the top of a defence. I also don't put in a lot of legal arguement as the person defending won't remember thecounter case law in court (some companies DO hire an expensive lawyer but fail on the basic arguement, high interest rate, short term nature of loan and unjust charges, not to mention onerous terms and conditions....

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Thanks for your helpful comment, as I said this thread wasn't started by me so I don't want to turn it all about me but I'm assuming everyone is in the same boat and receiving the same lack of communication, should I start making a standing order for what I can afford to pay them (£30 a month starting 1st May) or should I wait? As I dont want to pay this if all there going to do Is cancel out my payments with charges, also do I just pay off the original balance in the region of £300 I think or will I now have to pay £550 with all there penaltys and charges?

Total Claim £956

 

21/11/06 - Letter sent demanding charges back

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The ;'rule of thumb' which has been succesful in court cases is the ORIGINAL LOAN AMOUNT plus ONE MONTHS INTEREST - any more is extortion. Just because their onerous terms and conditions state this and that does not mean that they are just. The ultra high interest rates alone do not justify all the additional charges.

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