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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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      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.

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GB Energy (in receivership) demand for money


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As many of you know GB energy went into receivership last year.

 

I was a customer of theirs but left way before they went into receivership. The last bill I received was a credit of £78.03. I was told the company taking over the account would deal with this. life took over and I completely forgot all about it.

 

I changed suppliers and heard nothing more until yesterday when I received an email from a company named CD: As a previous customer of GB Energy Supply Limited you are receiving this update to notify you of recent events regarding the Company.

 

On 30 November 2016 at 00:01 (electricity) and 05:01 (gas), all customers that were being supplied by the Company were transferred to a new supplier, Co-Operative Energy (‘Co-Op Energy’) by Ofgem in accordance with the Supplier of Last Report (‘SOLR’) process. This enabled customers that were being supplied by the Company at that time to continue to receive their usual supply of electricity and/or gas without interruption. On 6 December 2016 Graham Newton and Tony Nygate of BDO LLP were appointed Joint Administrators of the Company.

 

Since their appointment, the Joint Administrators have been working to realise the assets of the Company for the benefit of the Company’s unsecured creditors who are owed c£21m. Once the Administration, and any subsequent Liquidation process has completed, the Company will be formally dissolved at Companies House and cease to exist as a registered business in the UK.

 

What happens next?

You have received this update as a previous customer of the Company who changed utility provider prior to 30 November 2016 and according to the Company’s records have a balance owing to the Company.

 

Although the Company no longer operates as a live business, all outstanding debts remain valid and therefore payable to the Company. It is the Joint Administrators’ responsibility to maximise asset realisations, including the collection of outstanding customer balances, in order to repay creditors who are owed monies by the Company. In order to facilitate this, the Joint Administrators have appointed CDS Global as agents on their behalf.

 

Please note that the Joint Administrators, together with their agents, act as agents of ‘the Company’ and without personal liability.

 

What do I need to do?

A copy of your final invoice has been included in this notification, this balance relates to energy usage between your last invoice and the date of supply transfer/date you ceased to be a customer of the Company and is taken from the Company’s books and records.

 

Payment can be made in the following ways: Cheque: Please make cheques payable to GB Energy Supply Limited (in Administration) with your former customer account number noted on the back. Cheques should then be sent to GB Energy Supply Limited (in Administration) c/o CDS Global, St James Place, 71 Main Street, Leicester, LE9 6RE Bank Transfer: Sort code 20-37-75, Account Number: 23727319, Account Name: GB Energy Supply Limited in Administration – debtor realisation account.

 

All transfers should have the customer account number added to the notes / reason field. Credit/Debit Card: Please phone 0116 2961438 to make a card payment.

 

Who should I call if I have any questions?

All enquiries relating to the Administration process or account enquiries should be directed to CDS Global on 0116 296 1438 or by email to [email protected] If you require help or support with your financial situation you can speak to one of the independent organisations below for free: Step Change Debt Charity - Freephone: 0800138 1111* - stepchange.org National Debtline - Freephone: 0808 808 4000* - nationaldebtline.org Citizens Advice Bureau - Find your local branch at: citizensadvice.org.uk

 

For some reason I cannot wrap any text in italics or bold. I've tried in FF and IE. Is there some fault with the forum?

 

Any way I received a further email a couple of hours later stating if I paid that day I would receive a 10% discount. I suspect it's a [problem] but I'm not 100% also the fact I'm pretty certain they owe me money. Has anyone heard of these emails floating around?

Edited by honeybee13
Paras.
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they are saying they think you owe them money and expect you to pay the administrators.

 

 

If you were in credit then you need to tell the adminstrators that you are owed money and have your name added to the list of those owed money.

 

 

if there is anthing left after the lawyers and accountants have filled their pockets you may get something.

 

You need to tell them you are a creditor otherwise they will just continue to hound you as most peopel will owe a small bit on their final bill.

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  • 3 weeks later...
  • 1 month later...

I received a phone call from them last week. I informed them I didn't appreciate the phone call but since they were on the phone I informed them I didn't owe them any money and to stop harassing me.

 

It sounded like a wee daft lassie on the phone who was reading from a script. She said they 'may' add this to my credit file. It sounded very much like a threat. Can they do this?

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I did the maths on our situation in the end from the bank statements and it tied into their figures... so rather than a CCJ we decided to settle the bill and move on... all the best.

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yes (and no), but if they have got it wrong they may end up having to pay you a fortune in compensation. Should they contact you again let them know this. The no bit refers to whether it is a credit agreemnt or not they hold with you, if, like me, you refuse to give any information other than name and address then they cant say they have the right person's credit file. For eg, my dad and my son and daughter have the same initial as me, my wife, mother and sisters inlaw all have the same initials and with an uncommon surname they would have to tread very carefully indeed if they wanted to play that one.

Have you done your sums yet? Writing to the administrators as a creditor may well stop them from demanding money without any evidence it is owed as clearly someone is incorrectly processing your personal data

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