Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 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
        • Like
  • Recommended Topics

Creation Consumer and Drydens different information blaming each other for extra 1500 debt added


kmalbin
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3021 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, thanks in advance for looking at my post.

 

Basically, in 2006 I took out a buy now pay later deal through land of leather with creation. land of leather told me i would be contacted when i needed to start making payments but never did. after taking out this deal i went through a rough patch after having a prem baby and becoming a single parent in the space of a few months with no job and was extremely depressed and i forgot about the sofa payments.

 

the next i heard i had court papers, i contacted creation to ask if i could start making the payments asap and they told me i had to pay the full amount plus the interest i would have been charged or they would register the ccj. i couldnt afford to do it and the ccj was registed and a charge was put on my house.

 

anyway, the house is being sold, its meant to exchange next week. my solicitor has contacted creation for a balance and it is 5139.19!! the sofa originally cost 1495 and i took a 2 year warranty 240. on my credit file under creation it states 3639 and they have logged every month since 2006 sustained arrears.

 

i contacted creation to ask why the balance is so high, they told me it was now with drydens. i called drydens, they told me the 5139.19 is the balance creation had sent to them and they had never added any fees and didnt have a breakdown. i recontacted creation and i was given the balance of 3638.55 and they told me any other fees must be drydens adding them. i am so confused and neither company is offering to help me or give me the information i need. i am about to lose my buyer.

 

please help me :-(

Link to post
Share on other sites

Ok thank you, I do not have any references or anything though, can I just put the property address? Is there any way of hurrying them up so I don't lose my buyer and incur fees from the solicitor etc.

Link to post
Share on other sites

Ask your solicitor the best solution.

 

Can your solicitor hold (e.g. The £5139.19, and some more to cover interest) on your behalf, from the proceeds of sale, giving an undertaking to Creation this will be used to settle the CCJ once the correct sum is clarified.

This might persuade Creation to allow the sale.

Or, similar but giving an undertaking to the buyer's solicitor the charge held by Creation will be satisfied.

 

They can then transfer to you anything left over from the proceeds of sale.

 

Then the solicitor can write to both Drydens and Creation to clarify the correct settlement sum. If there is then anything further left over they can then release it to you.

 

Ask your conveyancing solicitor for advice, and if this (or similar) would be a solution. You may have to pay them to do this, but will it be less costly than risking loosing your current buyer?

Link to post
Share on other sites

Hiya, thanks for the reply again. My solicitor has not been great with the whole situation to be honest. I can hardly ever get hold of her and she never calls me back. She told me the sale cant go through until the charges are lifted and I doubt Creation will lift the charge for that to happen :-( This is stressing me out so much! Creation are meant to be calling by 12pm today, but I bet they dont!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...