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    • Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
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    • 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 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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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So my adventure with payday loans started off innocently, but as I have come to a realisation each time I paid off the debt to them I was left in no choice but to take out another loans and so on. This now leaves me with almost 700 pounds of debt (which started off as a 200 pounds). I have written to them partly using this template: -Wage-Day-Pay-Day-Loans-Letter-Template-for-non-payment-**

 

Dear Sir / Madam,

 

I have found myself in a situation where I will not be able to pay off the monies owed to you in a lump sum which is to leave my account on 15/06/2015.

 

I will not have any funds in my bank account for you to collect your payment to cover my loan, or pay any of my household bills as my wages which will be paid in on 15/06/2015 were severly limited due to my health problems. After paying any priority debt ie. Household bills I will be left with very limited ammount of money to live. Please can you therefore with immediate effect, not attempt to take any payment from my bank account, either by direct debit or using my Visa Debit card details supplied as this will mean I will incur further charges from my bank and have even less money to enable repayment of my debts.

 

I would now at this point like to arrange a payment plan with you and freeze any further interest and charges going forward so I am able to pay off my debt with you as quickly as possible, contacting me either by letter, e-mail or on my personal mobile number only. Contacting me at work would cause me further distress and I would also class this as harassment as I do not wish to be contacted at any point regarding this debt whilst at work.

 

It is with great regret that I am having to ask for a , but due to these unforeseen circumstances which have now effected my ability to repay the loan to you in one lump sum, I have no other alternatives available.

For my protection, and from a legal point of view, I would like to inform you of the following:

 

You have 3 methods of contacting me (letter, e-mail, personal mobile - which has voicemail enabled for messages to be left) which should be more than adequate for your company to communicate with me regarding the repayment of the loan.

 

I have no doubt that your company fully understands my situation and will adhere to Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997 whilst I am arranging repayment of the loan with yourselves, and throughout the duration of any repayment period. I am fully aware of the OFT debt collection Guidance and I will consider making a complaint about a company's behaviour under the guidance if it becomes apparent that you do not follow the legal guidelines and would have no other alternative than to seek legal advice. In particular section (2.2 g) 'Ignoring or disregarding debtors' legitimate wishes in respect of when and where to contact them, for example, shift workers who ask not to be telephoned during certain times of the day'. I have also read and been made aware of CPUTR and will be following everything closely to ensure that your company follows the legislation set out. I look forward to speaking with you soon regarding setting up a payment plan to enable Full and final settlement of my loan over the coming months.

 

I do hope however, that we can arrange a payment plan to alleviate the stress of my whole situation, and to also enable the repayment of the loan to your company as promptly as my finances will allow. I look forward to hearing from you and will help in any way I can to organise repayments with your company as soon as possible.

 

 

Kind regards,

 

I will keep you posted with any replies from WDA.

 

I've read that canceling the direct debit and securing my bank account from them is a priority.

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That's a very wordy letter. I doubt they will read past the first paragraph. I wouldn't send that.

 

When is the DD due out?

 

Instead of stopping payments completely, you should show willing and pay them the minimum legal payment of £1 a month.

 

Yes cancel the DD but set up a standing order to pay £1 a month, and if you have ever used your card to make a payment, or have given them

your card details then you'll need to inform the bank that they have to cancel any CPA they have made on it.

 

And you're not asking them for help, you're telling them that this how much you can afford to pay.

 

They will default your credit files for six years.

 

What is your income? ie, is it benefits?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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DD is due this monday. My usual income is around 1500 a month, but now i will be having around 2/3 of that due to my time off work and it would leave me with like 300 pounds to live for another month . And no, I dont take any benefits.

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It might be worth ringing their helpline number 0333 006 2829 (although this goes against everything that is normally recommended on here), they have apparently been sending out emails to customers who have had several loans, offerning to write off the intererest on the current loan and arrange a repayment plan - they are keen to help their customers!!!! It could be worth a try. A friend of mine has done this over the weekend and it is legitimate!! She couldn't believe it!!!!

Edited by jaxads
addition of phone number

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Unless you can record your calls then ringing them would be the last thing to do.

 

Write to them advising that your circumstances have changed and you want to make an offer of payment as a GOGW, and as a reciprocal GOGW you want them to stop interest and charges until your circumstances improve, whereby you will inform them and increase your payments.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I had a response from them today:

If you still wish to correspond with us via email, Wage Day Advance have a

responsibility under Data Protection Act 1998 to confirm some security

information; Please reply to this email with your enquiry along with the

following information;

 

* Full Name

* Date of Birth

* Full address

* Last 4 digits of your Debit Card number

--------------------------------------------------------------------------------

Your email is important to us and we will endeavor to respond within 48

hours to your enquiry.

 

 

I provided them with the data they needed. Now waiting for another response

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Dear oh dear, they're yanking your chain and making you dance to their tune.

 

There is absolutely NO requirement under the DPA to give them those details, they've just made it up

and are rolling on the floor.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Well for the sake of speeding the comunication with them I provided them with the data they already have. No harm in that. Now they asked me very politely if I want to settle the matter over the phone or continue emailing. I said I want to settle this over emails.

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Best way then, if you're happy with that.

 

At least you will be able to print off copies of their emails.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 1 month later...

Hi michursky --- any updates ??

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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