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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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Liverpool Victoria - Help Required


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Newbie here looking for some advice please....

 

We have buildings & contents cover with Liverpool Victoria and over the last couple of months we've noticed some visible evidence of movement in our house, across the kitchen, lounge & utility room - the work tops have started to sink, the floor has some visible movement and cracking in ceilings etc.

 

We initially called British Gas as we've got cover for drains etc - we thought this might have been the initial cause - and they came out to do a survey - advising us that we did have an issue with some of the drains at the back of the house.

 

However we also rang LV as there were going to be issues relating to removal of some decking. Once LV got involved they sent out a surveyor from Davies loss adjusters who decided that yes, we had a problem with movement, that it wasn't subsidence related (phew!) and that investigation was needed to see what was causing it (as I understand it our policy covered for repair based on water loss etc). They came in and repaired the damaged drains, then attempted to carry out an infra-red survey of the kitchen floor which failed due to there being at least 3 layers of tiles to go through. They then attempted a gas test which was inconclusive (he was getting false/positive readings from furniture in our lounge!) and that was it. They've now decided that it's not a matter for them as its due to the recent extension settling or poor footings for the extension - which is nearly 20yrs old. I should add that we're also aware of the issues around concrete degradation in ex-mining areas etc - that's definitely not an issue where we live.

 

Where do I stand on this. The drains under the kitchen area were damaged and as such the loss of water etc must have had an effect on the ground under that part of my house. The tests they did were completely inconclusive. I should add that this decision has come from the loss adjuster Davies rather than LV themselves - but while LV investigate I'd appreciate some advice.

 

They've not conclusively proved it's NOT a leak from somewhere.

The movement in the house is not exclusively in the extension area.

The surveyor sent out by Davies said during his visit that the only real way to find out the problem would be to dig down into the problem area - I get the impression that they've done everything to avoid doing this due to the associated costs - ie damage to house fixtures & fittings if this is done.

 

Hope someone has some advice on this?

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Hi plastic scouser, and welcome to CAG! :-)

 

I'm not an expert but if I were you I would wait for the LV investigation and if they do nothing I would speak to the Financial Ombudsman who hopefully would put pressure on them to do a proper investigation.

 

The FOS can be really helpful in making insurance companies re-think their position. If the house is still moving then the drain repairs haven't solved the problem.

 

DD

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Probably the only way forward is to contact a structural engineer and ask them to provide a report on what is happening to the property. Then armed with this information, you can see what the way forward is. It is going to cost you money, but you would have a £1000 subsidence excess on your Insurance policy anyway. So you would be incurring some costs.

 

Davies loss adjusters have done the minimum. They think it is a mixture of extension issues and drain leakage, that have caused some movement, but it is not subsidence. Insurance is to cover the perils shown in the policy. It does not cover general movement or construction issues.

 

You have to be careful here. You want to establish what the problem is with the property and to have relevant works done. What you don't want to have is a subsidence claim registered on the central Insurers database. Once it is registered, you would have to declare this with Insurers and probably end up paying alot more for Insurance for as long as you own the property. If it is proved that it is actually a subsidence problem as the drainage leakage has affected the foundations, then you will have a property which will have a reduced market value, as it would be more difficult to sell.

 

Even if you went to the FOS, they will want you to obtain a structural engineers report, to establish that you have a valid claim against the Insurance. So obtain a report and see where this takes you.

We could do with some help from you.

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That is very good advice.

 

I thought that getting FOS involved might make LV more inclined to help without the cost of getting a structural engineer involved, but from what you are saying it appears there's no way round this. :-(

 

The FOS have no powers to ask LV to complete more surveys at their cost, when Davies have already been out. The Policyholder is unhappy and therefore it is up to them to obtain a structural engineers report to find out whether the property has been damaged by an insured peril.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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