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    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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    • 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
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New to this.....in a mess financially and got Brighthouse to deal with....


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Hi All,

 

In their defence, I have never had a query with Brighthouse, but then Ive never had money problems till now!!

 

I have had many items off of BH in the past, all paid up now and I have a few items with them at the moment that I have been paying for since forever (what seems). I have always been in a situation where I can afford my bill so have done so every week even paid early most weeks.

 

This was until beginning of January time when my partner lost his job (due to the current climate) and it was left to me to run the household finances on my wages alone. I struggled on as best as I could and carried on paying the BH bill but it eventually got too much at the end of January and I just couldnt manage anymore.

 

I called my local store and advised of my situation and that I just couldnt afford to make the usual weekly payments until my situation changes. They were kind of OK about it and said they would sort it and I shouldnt worry.

 

I think I had missed 2 payments so they did a re write on the account even though I said I didnt think this was the right answer as they had advised they couldnt do another re write on the account and I was telling them I couldnt afford the weekly bill. The store manager said we would deal with this when we needed to.

 

 

Anyway I havent made a payment for the last 3 weeks as I just dont have it. I have a 6 yr old daughter who needs a roof over her head and feeding. BH called me on Saturday with not a very nice tone of voice telling me I was in arrears and I needed to pay them.

 

I told the man that there was no need to speak to me like that, we had always had a good relationship in the past (now I see thats when I was a paying customer) and I thought better of him. He said he was doing his job and started laying down the law over the phone.

 

Telling me if I dont pay he will send the debt to a 3rd company who are balliffs and I will have them to deal with. It was at this point I started to rais my voice a little and told him who did he think he was threatning me over the phone and he knew where I lived if he wanted a row! (I know I shouldnt but was a bit hepped up by now).

 

After a couple of minutes slagging match he ended the call you know what your just a typical brighthouse customer and put the phone down. I am due to ring them today to make a payment but, after checking my bank this morning, the lovely tax credits people have randomly cut my weekly tax credits which has now left me short of money.

 

I cant afford to pay them anywhere near what they say I owe but was going to try with a token gesture...what do you think I should do?

 

Below is a list of items I have with them:-

 

Home PC:- Taken out 9th July 2011...74 weeks left, £787.28 left to pay

 

TV:- Taken out 30th August 2010...81 weeks left, £584.19 left to pay

 

22" TV:- Taken out 26th October 2012...141 weeks left, £268.09 left to pay

 

Laptop:- Taken Out 24th November 2011...94 weeks left, £556.82 left to pay

 

Fridge Freezer:- Take Out 1st October 2009...38 weeks left, £127.51 left to pay

 

Cooker:- Taken Out 18th October 2008...61 weeks left, £147.84 left to pay

 

Washing machine:- Taken Out 22nd September 2011...137 weeks, £602.21 to pay

Acer Tablet:- Taken Out 16th August 2011...79 weeks left....£405.95 to pay.

 

Many Thanks for your time and I really appriciate any help you can give.

Edited by citizenB
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They cannot send bailiffs without having issued a claim against you.

 

Dont speak to them on the phone - in respect of their attitude, I would suggest you communicate by letter/email only.

 

Others who have more knowledge or experience will look in on you soon.

 

I am sure you have read round the forums and discovered others who have fallen foul of BH or other BAYV companies when they have suddenly fallen on hard times !!

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Dealing with Customer Service Departments? - read the CAG Guide first

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi,

 

Ouch! Yep quite a mess.

 

What i would suggest is to return as many of the items as possible. The PC, the 22" TV, the laptop and the Tablet are all luxuries that you could function without in reality. I would also try and work out a way of replacing your other items try Gumtree etc, ask a family member to help you out with a small loan if at all possible or even better get a bank loan the APR won't be anywhere near as rediculous as BrightHouse's charges etc

 

You should write to head office explaining your situation but keep it brief, then go on to say that you wish to reclaim all of the OSC, Late Payment Charges and Interest you have paid.

 

Your goods are covered by warranty and current Legislation so there is no need to pay OSC and there is no remit in law to say they can charge a late payment fee.

 

If you have your own contents Insurance check your policy or contact the provider to check whether HP items are covered. If so and you are paying DLC, you will be able to claim this back aswell.

 

End the letter saying that you hope you can come to a peacefull resolution with them and come to an agreement on how you will repay the items you really can't do without. Then say something along the lines of, regretfully if we can not resolve the matter amicably regarding the OSC, Late Payment Charges and Interest etc we will pursue the matter through Small Claims Court.

 

Don't worry about it too much the whole 'third party bailiff' thing is a load of waffle. Only a court appointed Bailif with a Court Order can reposess goods from your property and obtaining an order is a lengthy process which i believe would initially require you to attend county court and explain your situation.

 

From what i understand BrightHouse always do everything they can to avoid court situations as the courts tend to be more sympathetic with the Consumer and will normally help you to come to a repayment arangement.

 

Good Luck and I hope this helps.

Edited by pinkfloydianuk
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Agree with returning goods suggest both TVs and buying a cheap seconhand one for now you can get them for very little, may not be the most up to date but better than nothing. just how much are you supposed to pay each week?

If I have been of any help, please click on my star and let me know, thank you.

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You might also want to try your local freecyle website.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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