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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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    • 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.

      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 
      • 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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Payday Express, Cash til Payday


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Hello All,

 

Happy New Year Everyone.

 

I will try and make this very brief, the long and the short of it is that I had about 3 payday loans on the go at the same time and kept rolling them over for a period of about 2 years. They were quiet high sums, £700-£1,000.

 

As you can imagine, my credit history has always been really bad and I was/am just about surviving.

 

I sent a request to Payday UK for compensation and they have come back with "they can't provide me with a final response although they continue investigating my compliant."

 

They have said refer it to the Ombudsman, which I will. I think they have looked at my claim and thought if it goes the FOS route that might get away from irresponsible lending.

 

I have all the monthly agreements on my email but is there something I should be wary/aware of before I go to the FOS?

 

Thank you.

Jigs

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Why do you think it might veer away from irresponsible lending ?

 

Have you checked your credit reference files - did they do credit checks on you before and during the loan period ?

 

Have a read round other threads where you will find similar issues and I will ask fkofillee to look in on you.. so hold fire until you have other contributors to your thread.

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Uploading documents to CAG ** Instructions **

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4: Staying Calm About Debt  Read Here

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

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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

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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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Why do you think it might veer away from irresponsible lending ?

 

Have you checked your credit reference files - did they do credit checks on you before and during the loan period ?

 

Have a read round other threads where you will find similar issues and I will ask fkofillee to look in on you.. so hold fire until you have other contributors to your thread.

 

 

Hello CitizenB,

 

I thought that might want me to go down that route as they have nothing to lose. Maybe end up paying me less by a decision from the FOS for the amount of months i actually rolled the loans over.

 

I have looked at my bank statements that show me "rolling over" these loans on a monthly basis. Quik Quid, Wonga, Payday UK and Cash Til Payday.

 

Looking at the amounts now, I was literally paying one and borrowing from the other to do it.

 

I have not checked my credit files yet.

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You will need to gather all the evidence so that you can present your claim to the Financial Ombudsman.

 

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?455382-Were-you-caught-in-a-Pay-Day-Loan-Trap-You-may-be-able-to-make-a-claim

 

^^^ The above guide is worth a read.

 

And the link below is a thread where someone else had continually rolled over loans in order to keep on top of the payments there might be something there that would be able to help you move forward.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?457677-Im-looking-for-some-advice-Piggybank-Sunny-Wonga(1-Viewing)-nbsp

 

I have asked others to look in on you - so do wait until they have before you make any move to escalate your complaint.

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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Right soooooo....

 

First of all, Id like to see if we could check your CRA files, checked the closed accounts and I guarantee you you will see TONS of closed loan accounts. So....

 

 

Next, Just having the ingo from your CRAs is not enough. If they have defaulted you for whatever reason then you need to know. So you will need to contact each organisation via email and ask them for a full summary of all loans etc,

Should they refuse then, you SAR them at £10 a pop. 40 days later you get all the paperwork etc.

 

So You have already complained to one lender, PDUK. They are part of Instant cash loans ltd,. who own Money Shop etc etc. They have told you to send it to the Ombudsman, yet Right now I dont think you should. I think you should let it roll on for another 4 weeks. Should they fail to respond then send it to the ombudsman.

See what their response is.

 

Have you complained to the others yet? If so where are you at with those.

Also look at your bank statements, see how often these loans were paid into etc, the key here is linking the loan events... **Seen youve checked** - How often were loans being paid in, and how often were these being paid out.

Could you tell me which were actual loans and which were rollovers?

 

Had 1, used another to pay off the first 1, then reloaned to pay off the other etc etc etc.

Next question... What period are these loans from?

  • Haha 1

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Right soooooo....

 

First of all, Id like to see if we could check your CRA files, checked the closed accounts and I guarantee you you will see TONS of closed loan accounts. So....

 

 

 

Next, Just having the ingo from your CRAs is not enough. If they have defaulted you for whatever reason then you need to know. So you will need to contact each organisation via email and ask them for a full summary of all loans etc,

Should they refuse then, you SAR them at £10 a pop. 40 days later you get all the paperwork etc.

 

So You have already complained to one lender, PDUK. They are part of Instant cash loans ltd,. who own Money Shop etc etc. They have told you to send it to the Ombudsman, yet Right now I dont think you should. I think you should let it roll on for another 4 weeks. Should they fail to respond then send it to the ombudsman.

See what their response is.

 

Have you complained to the others yet? If so where are you at with those.

Also look at your bank statements, see how often these loans were paid into etc, the key here is linking the loan events... **Seen youve checked** - How often were loans being paid in, and how often were these being paid out.

Could you tell me which were actual loans and which were rollovers?

 

Had 1, used another to pay off the first 1, then reloaned to pay off the other etc etc etc.

Next question... What period are these loans from?

 

Hello fkofille,

 

Sorry for the late reply and Thank you for advising me.

 

I will try and answer each question you have raised.

 

I have not complained to any of the Payday lenders yet. They were Wonga, PoundstoPocket,QuikQuid, WageDayExpress,PaydayUK and the Money Shop (with the Money Shop, it was cheques that I had "cashed" but I was "extending" these on a monthly basis.)

 

The loans were being credited on a monthly basis over a period of a year and a half to two years. My salary would go in, "pay" one lender, I would borrow a day later from them again, pay another lender, borrow from them a day later and so on. Most of the loans were "rolled over"

 

I will get the information you have advised. Should I paste it onto this thread?

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Hi Jigsaw

 

You said you have already made a complaint though? Yes, If you could get a summary of all the loans, I can then advise.

 

Also email the respective customer service teams of the organisations and they can give you all the info.

This will be a long process though... Please be patient.

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Hi Jigsaw

 

You said you have already made a complaint though? Yes, If you could get a summary of all the loans, I can then advise.

 

Also email the respective customer service teams of the organisations and they can give you all the info.

This will be a long process though... Please be patient.

 

 

Hello fkofilee,

 

Sorry for the delay in replying.

 

I have just looked at Noodle and the credit searches only go as far back as 2014. The Payday Loans I had, I made arrangements with the lenders at the beginning of 2014 to discharge my liabilities.

 

Should I send them SAR's then to get the information?

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Jigsaw... Please do that...

Its the best thing to do... However I am concerned about The Money Shop,

 

I have never seen them cash a cheque and it be extended?

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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