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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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      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.  

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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.

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      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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darling v bank of scotland (for himself)


darling
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Blimey Darling, you're busy!

 

Best of luck x

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Right this ones different, its Royal Bank of Scotland Equipment Finance. We financed a sunbed for our shop from these shysters. We owe them £2,127.09. Have had a request from Buchanan Clark & Wells Collection Agents for £9,105.84. (I have written to them and told them this a/c is in dispute). Must admit have had a few requests from company called Debt Enforcement Services before regarding this, but stupidly was ignoring it. Received this reply today.

I inquire in regards to your 'requesting a refund'. Have you requested this in writing to BOSEF? If so, have they responded in writing? A hold will be placed on your a/c for max 14 days from date of this letter. By which time you should have forwarded your payment proposals. Next bit says we are not able to access credit reference files etc. And are not in breach of DPA 1998.

To assist you with settleing this outstanding account we can accept £6 K as a one off payment to clear your debit.

 

How can a debt jump up £6,977.86 is that just interest etc. What the hell do I do now. HELP Please.

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In the first instance, try to find out how the amount has increased so much, probably due to charges and punitive interest. If they do pursue you and attempt to take you to court then you could put in a counter claim for the charges and ask for the case to be stayed until they have provided you with the information you need to raise your counter claim.

 

This could be a good move for you as it will delay the court date by which you should have received the data pursuant to your DPA SAR or alternatively it may make them back off altogether if they feel they are going to be forced to reveal their costs in court in order to pursue you for these inflated arrears.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Darling, something like this.

 

Dear

Re:

I am in receipt of your letter of (date) and note the contents.

 

Clearly it was not my intention to renege on my loan repayments and by way of explanation I would like to point out that my company is privately funded and there have been a number of extenuating circumstances I have endured which have placed a colossal financial burden on me.

 

I am mindful, however, that your concern lies with the payment to your clients and I would like to assure you that at no time was there ever the intention to evade my financial responsibilities.

 

However, I am not in a position at this time to make a proposal to clear the arrears but I expect to be able to do so within the next 21 days whereupon I will be in touch again with my proposal. Should I be able to make a payment in the meantime, I will of course do so.

 

Furthermore I reserve the right to claim for unlawful charges debited to my account and the interest charged thereon and request that any action be stayed until (BOSEF) have provided me with the information I need in order raise my counter claim.

 

I trust that this is acceptable and as mentioned above I will be in touch again shortly

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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