Jump to content


  • Tweets

  • Posts

    • 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.
  • 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

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4311 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

probably shreading everything they can:lol:

 

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

  • Replies 398
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

... individual does not commit any further tortuous acts, reserving the right to pursue both claims ....

 

Do they really say tortuous????

 

Very sad. Where on earth were they educated?

Link to post
Share on other sites

They also say

Brand protection is another key issue RLP considers with its clients, given that they are largely household brands. Our Claims advisers, client services team and legal advisers liaise with clients whenever any issue arises which may affect a client’s brand.
That must be why "A Retailer - which dares not speak its name" - suddenly decided to ask for anonymity. Brand Protection - must be an example of Brand on the Run.
Link to post
Share on other sites

Eventually, yes.

 

Remember that RLP don't take anyone to court - it's the retailers that have to do that. It's happened in a very tiny proportion of cases; RLP crow about some on their silly website. After one of their major clients, A Retailer, lost what appears to be the first properly defended case last week, I suspect that the chances of court action, already extremely small, is now even more remote.

 

It is confirmed for sure now that the mysterious Retailer who Shall Not be Named has lost?

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

It is confirmed for sure now that the mysterious Retailer who Shall Not be Named has lost?

Yes it is.

 

However, we will need to see the judgment to understand the reasoning.

 

It maybe that the judgment will also suggest a way that cases can be brought successfully - so peope should be wary.

 

Also, it is only a County Court case. It is not binding. RLP could decide to advise their clients to try again. However this would be risky because another cleint might not want to face the same risk of humiliation and of damaging their reputation in open court.

 

Of course, the real message is: Don't shoplift.

 

But to the retailers, the message is - let normal justice take its course. Don't get involved with Bounty Hunters - and even though it may seem to make some kind of economic sense, that is only in the short term.

 

In the end, Bounty Hunting won't reduce your shoplifting problems.

It only visits vengeance upon a very small number of individuals. It isn't appreciated by the majority of your brand managers.

 

If you really want to recoup your losses from each shoplifter you catch, then do it yourself. You don't need to muddy the waters by bninging in bounty hunders

Link to post
Share on other sites

A bit more on what went on during the Oxford CC trial hearings: http://thejusticegap.com/News/a-fatal-blow-to-the-reeling-civil-recovery-industry/

 

A big THANK YOU from me to BankFodder, Martin3030, ScarletPimpernel and the many other Caggers who have travelled this long and sometimes bumpy road. I love you guys!

 

And, finally, a message to jonny46 (who was loitering on here yesterday!) and Frogboy, from one of my favourite songs, "Come on" by The Little Heroes:

 

Maybe we could still find a way,

To chip away at our mistakes (hey hey hey),

Live a life that gives,

Instead of one that takes,

Make this world a better place.

Link to post
Share on other sites

Just to point out - still rather cryptically to our fellow Caggers - that we have accumulated some very curious IP evidence about Frogboy and about Jonny46 and we can safely say that they are not who they say they are - and they are not what they seem to be.

 

It became curiouser when one of them suddenly produced a court document which did not come from where it purported to come from and which - so far as we can tell - was in the hands of only a very few people at the time.

 

Curiouser still were the hack attempts against the CAG account of Myddleton - who is from the CAB - and which hack attempts came from a Virgin Media IP address based in Nottingham one Saturday afternoon.

 

All very odd.

 

I'd be grateful if everyone could refrain from ANY comments on these curious events - thank you.

 

We are wondering what to do with this information and we are talking with certain organisations about it.

 

We will give more details when we consider it is prudent to do so.

Link to post
Share on other sites

If RLP do not take people to court then what happens to all the letters they send out. Do they just stop sending them?

 

"During the trial hearings late last month, witnesses for the high street shop told the court that RLP sends out some 11,000 civil recovery demands on its behalf every year (i.e. as many as 145,000 since 1998), of which some 60-65% go unpaid"

http://thejusticegap.com/News/a-fatal-blow-to-the-reeling-civil-recovery-industry/

Link to post
Share on other sites

Cryptic crosswords and RLP both go well together since often it can be hard to find the real answers.

 

I noticed that their website has no references at all to the Oxford case,and still mentions a further case in Northampton in May ?

 

Will the Matrix be making a further appearance for this ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

I heard a rumour that Steven Speilberg is in talks with them over a possible film deal.

Leaked reports have indicated he was very impressed with their make believe storylines they have been using for years,

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Martin, I don't think it's Lego, I think it's Cluedo, they've lost the plot.:madgrin:

 

Well there doesn't seem to have been any activity from RLP since May 1st, they must be busy with their lego set trying to build a new business model.
Link to post
Share on other sites

I noticed that their website has no references at all to the Oxford case,and still mentions a further case in Northampton in May ?

 

 

RLP are being remarkably coy about the Oxford case, aren't they?

 

I should not be at all surprised to learn that the Northampton case of which they speak is a bulk issue case in which they hope to get a default judgment, which they will then use to suggest that the Oxford case was an aberration.

 

In fact, the Oxford case appears to have gone largely unreported in retail circles - but the fact that none of the big retailers who use civil recovery are suggesting that the outcome came as a surprise is interesting in itself. It could be, of course, that civil recovery is not a particularly big deal to many retailers, given its low success rate, and that the potential reputational damage may make them think twice about using it in future.

 

Even La Lambert, previously no stranger to issuing shrill defences of her company's antics, appears to be silent on the case - or perhaps the media don't consider her opinion of any interest.

Link to post
Share on other sites

I contacted Guy Bell and said they might be calling him for advice on how to deal with image cleanups:lol:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

  • 1 month later...

HI

This as a very interesting thread and if I may put in my two pennneth worth.

 

For sometimes I was responsible for preparing accounts for a small supermarket (Co-op), I am an accountant.

 

I understand vaguely about the point of law that says if the tort of conversion is committed the injured party can claim any damages incurred by that act

(please correct me if I am wrong here)

The problem that I see is, what exactly do those damages consist of?

 

I used to prepare cost analysis for these stores and security and shrinkage are included within their operating parameters.

 

In other words any costs incurred in handling these incidents are already paid for when you purchase your shopping. It is not an external cost..

 

This is why in my opinion the legal case will always fail,

the argument relied on as I understand them,

concern a business whose normal business activities were interrupted by an event which incurred losses,

it may be a sad fact but pilfering is a normal part of the business of the retail trade unfortunately.

DB

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Have to agree, good post.:-)

 

HI

This as a very interesting thread and if I may put in my two pennneth worth.

For sometimes I was responsible for preparing accounts for a small supermarket (Co-op), I am an accountant.

I understand vaguely about the point of law that says if the tort of conversion is committed the injured party can claim any damages incurred by that act (please correct me if I am wrong here)

The problem that I see is, what exactly do those damages consist of?

I used to prepare cost analysis for these stores and security and shrinkage are included within their operating parameters.

In other words any costs incurred in handling these incidents are already paid for when you purchase your shopping. It is not an external cost..

This is why in my opinion the legal case will always fail, the argument relied on as I understand them, concern a business whose normal business activities were interrupted by an event which incurred losses, it may be a sad fact but pilfering is a normal part of the business of the retail trade unfortunately.

DB

Link to post
Share on other sites

In other words any costs incurred in handling these incidents are already paid for when you purchase your shopping. It is not an external cost..

 

 

You know this, we know this, retailers know this and I suspect even La Lambert knows it.

 

Civil recovery, as it was first proposed by Prof Josh Bamfield, was designed to recover costs from convicted thieves. It was only after La Lambert became the owner of RLP that anyone suspected of wrongdoing, or who had made an innocent mistake, or who was vulnerable by virtue of learning difficulty, mental health or age became targets, and this was picked up by the other companies that are involved in civil recovery. In other words, they saw a potential source of easy money - no need to bother with all that pesky evidence and boring stuff like proving your case - just send some threatening letters and a percentage of people will pay up. It works, to an extent, and retailers got a cut - money they otherwise wouldn't have. It has nothing at all to do with crime prevention or deterrence, though - the shoplifting stats prove that. No, it's only ever been about money.

 

In the big scheme of retail things, the amount of money generated by civil recovery is tiny. The potential damage to a retailer's reputation that can be caused by bullying methods of civil recovery is significantly larger, and retailers will no doubt weigh the advantages and disadvantages up when deciding if civil recovery is worthwhile.

 

Currently, I suspect that a number of retailers may be deciding that civil recovery as it is currently practiced has outlived its useful life.

  • Haha 1
Link to post
Share on other sites

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...