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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • 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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Very.co.uk missed payments and fees


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Hi,

 

I've just joined Cag after stumbling here with the help of Google

 

I have missed the last 3 months of payments to Very due to a number of circumstances

mainly just my own stupidity to be perfectly honest...

 

I am now in a position to start to pay some of the debt off

 

they have put a number of charges onto my account (late fees, telephone call charges etc.)

which has pushed me beyond my credit limit on my account

(I daresay they will charge me for that as well?)

 

I have been looking on the site and reading other peoples posts and so far I think what I need to do is this

  • Contact Very.co.uk and suggest a payment plan and ask that they stop all interest and charges due to financial hardship
  • Send a Full Subject Access request to find out how many of these fees I have paid over the life of the account
  • Send letter to re-claim these fees?

They have also been calling me every day for the last 2 months (call blocker on the mobile is a wonder!)

 

I'm also answering the next one and telling them I will be corresponding only by letter and then sending the Harrasment by telephone template

 

Is there anything I have missed or would also be good to do?

 

Many thanks

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10/10

 

pers I wouldn't bother with the answering the phone.

 

TELL [dont ask] them they are only going to get £xxPCM for xx mts

as a goodwill gesture

and as a reciprocal GOGW they must freeze int & refrain from levying PENALTY charges.

if they wont

drop them to £1PCM for life.

.

as an example>

.

I am currently in financial difficulties and not able to meet my normal monthly repayments.

to show my goodwill, i am going to pay £5 for 6 mts.

 

i will update you in 6mts time or before, should my situation change.

.

could you please as a reciprocal goodwill guesture,

.

refrain from levying any penalty charges & freeze the interest on my account.?

.

Should you fail to assist me during a period of financial difficulty, contrary to all the guidelines and codes

issued by the relevent bodies and authorities that govern you and the way you conduct yourselves.

.

i shall have no alternative but to reduce my offer to £1PCM for the rest of the life of the account,

.

.

as your actions would do nothing to help me.

.

i thank you for your time.

..

.

dx

.

then pay by your internet banking site

.

and get reclaiming

.

TAKE CONTROL

.

or

if you have sent the above and they refuse

then write back........

.

.

i'm sorry, but you have failed to assist me during a period of financial difficulty, against all the guidelines and codes

issued by the relevent bodies and authorities that govern you and the way you conduct yourselves.

i repeat again, the contents of my letter dated dd/mm/yyyy, for want of clarification:

to show my goodwill, i am going to pay £XX for XX mts

could you please as a reciprocal goodwill guesture, refraining from levying any penalty charges & freeze the interest on my account.

i will update you in 6mts time or before, should my situation chance.

should you fail to help by refraining from levying unlawful PENALTY charges & freeze my interest,

i shall have no alternative but to reduce my offer to £1PCM for the rest of the life of the account,

as your actions are doing nothing to help me.

This is contrary to the rules you should operate under.

disgruntled account holder

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... 

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  • 5 months later...

usual stuff

 

 

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... 

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You just wait Carl.

 

Lowell being a debt purchaser cannot enforce in court all the time they do not provide the documents. You don't chase a CCA request.

 

While the "alleged" debt is still due, failure to comply with the CCA request prohibits them from getting a judgement in court.

 

Thanks ims21,

 

the fact that they have so far failed to supply the documents means that the debt is unenforceable?

 

 

where does this leave payment?

 

 

obviously this means that they can't take me to court over the debt obviously interest and fees are mounting up?

 

 

I have sent an SAR to Very today as well with the intention of claiming back a good percentage of the debt which is late payment fees.

 

Many thanks,

 

Carl

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  • 2 weeks later...

I've received two letters this morning

 

 

one from Lowell telling me that they still have not received my credit agreement from Shop Direct

and so while they wait they have put my account on hold,

 

 

The second letter I received was from Shop Direct themselves confirming receipt of my SAR request and thanking me for my payment of the £10 statutory fee.

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Good keep an eye on the clock, make sure that V comply with the SAR

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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  • 4 weeks later...

So I'll admit I nearly fell off my chair when I read this

and then did a happy dance round the flat a few times,

 

 

what do you think?

 

 

should I query whether they still intend to write to my credit file?

 

I'm mighty glad this is the outcome but where does this leave my SAR?

 

 

do you think I should now back out of the idea of claiming back the multitude of £12 fees?

 

 

It's been submitted anyway so either way I should receive all the paperwork they have no doubt they'll find the bloody thing and come after it again :roll:

 

Cheers,

 

Carl

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carry on with the reclaims

 

 

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... 

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I've gone through all the stuff they have sent me and they don't make it simple I have 3 different types of system which they have used to record my statements it's all there but not in an enjoyable reading format...

 

still I think I have found £276 of charges + another £118 in interest and also a charge of I think £84 before they sold my account to Lowell but I'm going to need a volunteer I can email scans of all this to for double checking... any volunteers? there's too much sensitive data to obscure it all practically *sigh* I'll have to make a special trip to the library and spend an afternoon scanning it all into pdf's

 

Many thanks in advance,

 

Carl

 

PS: They also included a copy of my credit agreement and also listed on the documents is a request from Lowell for it... why did Lowell claim Shop Direct couldn't find it? very peculiar :sad:

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interesting = Very Admin charge of £84?

 

same as one I had/?? well well

 

no doubt credit default charges + admin charge = then debit account the same then sell off to Lowells = look at your statement, as that happened to me.

 

Also go to Credit reference agency file and get copy of your Default notice date from Shop direct as in my case Capquest have altered the default date to the time they bought it and state very shop direct informed them the entry was the selling date some 7 months later,l the ICO will not help unless you can prove original date recorded at CRA which you cannot as it has been altered and nobody want to find original entry? just a thought.

:mad2::-x:jaw::sad:
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