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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.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 161 replies
    • 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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Hi,

I recently contacted CFO Lending with regard to a total outstanding debt of £800 that i am struggling to repay. They have offered to let me pay the debt off over a period of four months which initailly i was pleased with. However these payments are still too high for me to afford and I think there may be a way for me to dispute these high payments?

Does anyone have any experience of dealing with CFO Lending or any other options available to me? I am prepared to pay off the debt but only at comfortable payments that i can afford.

Any help is much appreciated. Thank you!

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Can you give us more info about the debt, any contact theyve made, any offers of discounts etc? CFO are a complete pain to deal with, but they can be dealt with.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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hi there

thanks for replying!

the total debt including interest in £748. they have said they will take a payment of £198 at end of april, then three further payments of £183 on the following three months which would clear the debt.

i have only had communication with them on the phone when i rang the other day, when they offered me this. but these payments are not something i can afford on a month to month basis at the moment.

I have had no offer of any discounts or anything.

Thanks for your help with this

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Okay. Have a read of http://www.consumeractiongroup.co.uk/forum/showthread.php?421413-where-do-I-start&p=4506800&viewfull=1#post4506800

 

That advice i gave someone else will work for you. The most important thing for you is to secure you bank account and finances. CFO are one of the worst for getting access to your account and completely stripping it clean. Once you have done that, THEN you can think about repayments done via standing order only. Under no circumstances should you pay via Direct debit or debit card to this company.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thank you very much,

I will speak to my bank tomorrow and hopefully they will be helpful. Should i get a new card with a new number on it also? Changing banks is something i dont want to really do unless i absolutely have to.

Again, thanks for your help and advice. Its appreciated

Mark

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Yep. Plenty of others around that can help too if im not here :)

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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today i went to the bank and they have cancelled any further payments to CFO lending. and have assured me that now the arrangement has been put in place if they attempt to take a further payment then it must be returned immedaitely.

should i now contact CFO to tell them i have done this and start attemting to negotiate with them?

thanks

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No need to tell them. Check the cag library. Youll find a good template thrte for informing a creditor you cant meet repayments.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I am currently in a Debt Management Plan which is going smoothly, but was struggling over Christmas with money and, stupidly, was offered a payday loan which it took. I have spoken to the debt management people who are happy to add this debt to my plan.

However they have said that my existing creditors in my DMP may not like this and in an "inlikely event" this could be seen as financial fraud.

Please please could someone advise me about this and the potential consequences here. Or am i worrying too much? I keep thinking I am going to get taken to court and am generally thinking the worst. Thank you

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about a year ago i entered into a debt management plan to cover the payday loans i had taken out. however over christmas i was struggling financially and, stupidly, was offered another payday loan which i took. i have been paying interest on this as well as paying into my DMP. i have spoken to my debt advisors and they are happy to add this debt to my plan, but have advised me that the other creditors may not like this and the words "financial fraud" have been mentioned. please could someone advise me what the outcome of this could be and how likely it is something bad could happen here. i am truly thinking the worst and i am very very worried. thanks

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Who is your dmp?. No fraud has occured.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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The idea of the DMP is to have creditors accept less than contractual payments and hopefully to freeze interest rates and not add further charges.

 

The fact that you have borrowed more and are now wanting to add a new creditor to the DMP will mean that they will now receive less - and indeed might not be happy about it.

 

Your new Creditor might huff and puff about fraud etc, however, your credit files should have shown what a serious mess you were in - so they could well be accused of irresponsible lending.

 

Which Debt Management Company are you with ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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my dmp is with Payplan. As part of this i am intending to increase my payments to them so it includes this new debt and doesnt affect my current creditors. Im hoping this keeps all parties happy. am i worrying too much? the word "fraud" scares me but i am trying to do all i can to repay my debt and avoid any complications.

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If you are not giving your current creditors less than they were receiving, then yes.. I think you are worrying too much :)

 

As I said earlier, your credit files almost certainly reflect the muddle you are in, so the PDL company to lend you MORE money was totally irresponsible :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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