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    • His financial situation isn’t great, and the landlord has made lots of things up. The things he’s put isn’t true at all. My friend did tell the full truth with incoming and outgoing, I helped him fill in his form and he checked bills etc. to make sure it was right. His wage is ok, but not as good as the landlord thinks it is,  and he doesn’t have anything spare. How much are they likely to take from him? Should he send any reply?  the letter just says to take the court letter with him. 
    • 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    
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    • If you are buying a used car – you need to read this survival guide.
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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.

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      Many thanks 
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    • 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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TSB being a bit shady ( again )


Psycho Bob :o)
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Hi, I've been paying Lloyds TSB a regular set amount via payment book every month for well over a year, possibly two.

Recently ( 2 months ago ) I made a payment ( which is always made via my local Lloyds TSB branch ) and I enclosed a letter requesting a new payment book be sent to me as that payment was the last slip in the current book, ( so giving them a month to get one to me so I could continue as normal )

 

2 months pass and still no payment book, I start to think maybe they've just scrapped the account, but then get a letter from them ( which was forwarded to me via a letter from my local C.A.B as TSB had sent them it, as my C.A.B had previously been dealing with the account ) requesting the 2 months missed payments. I wrote back to TSB again asking for a new payment book so that I can make the payments, and finally three weeks later a new book arrives.

 

On the very next day, I make a payment which included the two missed months plus this months payment.

 

Then... a few days ago, I get a letter from Credit Security Limited, The Old Court House, High Street, Whitchurch, Bucks, HP22 4JS

saying they've been instructed by their client to recover the outstanding debt; going on to say that unless there was a valid reason for non payment, then the full outstanding balance was due within seven days.

 

That's a bit rich!....... how can Lloyds TSB cause the delay in payment ( by not sending a payment book when requested in good time ), then use that as an excuse to farm out the account to a debt enforcement office? That smacks of rule breaking to me or guidance breaking at a minimum.

Also rather cheekily the CSL letter is dated 25th May , I get it 28th May, and there's this whole jubilee thing going on so extra bank holidays etc that conviently fall into their 7 day request.

 

What should I do ?

My next payment to Lloyds TSB using the new payment book is due in a couple of weeks.

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Keep on making your normal payments. Don't stop under any circumstances.

Write to lloyds a succinct bullet-pointed letter explaining to them what has happened and how they have failed to conduct your account correctly.

 

Threaten to sue them under BCOBS - (but only if you are prepared to carry out your threat.)

Then come back here and we will be delighted to help you all the way.

Chances of success:- 90%+

Chances that Lloyds will back down rather than go to court - 90%+

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You don't need to send anything to CSL, continue making your payments direct to Lloyds, there will be no repercussions except you feeling popular with all the fan mail CSL automatically sends you.

 

And lodge that complaint with the bank...

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 think it'd be COBS , as it's a repayment agreement for a lloyds tsb credit card balance.What letter would I send to Credit Security Limited? and if none, what would the repercussions be from them or as a whole?

Yes, you're right - COBS. In whcih case if you brought an action it would be for breach of contract on the basis that CABs was implied into the contract.

It would be a delicious claim to bring and I expect that Lloyds would squirm and squirm

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and dont forget you did have a valid reason for not making a payment they didnt supply you with the means to do so i.e. a new payment book

HTH (Hope This Helps) RDM2006

 

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  • 2 weeks later...

Hi :-) Having looked again, it took TSB 4 Months to get a new payment book to me.

I've since had another letter from CSL DEMANDING IMMEDIATE payment of the outstanding balance or a DEBT COLLECTOR may call or the account could be referred for legal action.

 

This got my back up, how dare they! so I have written them a nice letter, pointing out what they've done wrong and tying them up in knots. My next regular payment to TSB is next week and I'll send it as per usual with my nice new payment book.

 

I'd love to know now, how would I go about suing TSB for breach of contract in the county courts, and how much will it cost me? What paper evidence will I require? Can I drag CSL kicking and screaming into it so they get a spanking too? ( they really are the most obnoxiously blunt debt recovery company I've dealt with yet )

 

Many Thanks

 

Bob :)

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