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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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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.

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      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 closed my accounts after I became Victim of Fraud


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Hello,

 

I hope I can get some help here about the worst case I ever had with a Bank.

 

One month ago, exactly few days when I got married, my debit card details were compromised and more than £6000 were stolen from my debit card and paid into some online gambling site in Gibraltar.

 

I found out about these transactions the day after the were made and immediately called my Bank - TSB.

 

I had two accounts with them

- a personal and a business one for my limited company.

 

I spent hours on the phone with their customer service, then the fraud team and even they have some "complex" investigation team.

 

After explaining them about the fraudulent transactions,

they accused me that either me or someone that lives with me ( my wife ) has made those payments, becuase in their system nothing looks suspicious and event the fact that these payments were made over night every 30 minutes £1000 were taken of my account...really??? and they did not send me any message to confirm that I am making those payments..not a call..nothing.

 

After a long conversation I was told that they will start an investigation and will come back to me and in the mean time I should contact that gambling company.

 

this is what I did and I called the gambling site and the company behind Cassava Enterprises Ltd.

 

I had to write to their security team, which answered me every day and at the end helped much more than my TSB bank, because Cassava's Security team found out, that there was an account registered on my name and also my debit card along with debit card on some other people's name on the same gambling account.

 

they told me there is definitely a fraud activity and all transactions made from my Debit Card will be voided.

 

I had to wait and hope I will have money back and be able to pay for my wedding.

On the next day TSB calls me and tells me their Investigation team does not find again anything suspicious and even while those payments were made, address verification passes and 3ds security was not invoked from the merchant, so nothing can me done.

 

Not only that, but they told me that I am the one who needs to keep my debit card details save and they are not responsible for not alerting me, for not detecting any fraud activity, because these payments happen over night to some site in Gibraltar...just ridiculous ..

 

But I told them that I already spoke to the Gambling company, which found something suspicious and will void the transactions.

 

..They "Investigation team" even did not believed me and told me that if that is actually true, I should get my money back , they decided to block my accounts.

 

After exactly 3 days even that my accounts were blocked I was able to access my internet banking and I noticed that all money were refunded and at least I was more relaxed.

 

But of course TSB made the situation more painful for me, becuase I spent hours again with their fraud and investigations team on the phone and as I was abroad for my wedding, my only choice was to get my money with ID into a branch.

 

After asking them isn't that action by the Gambling site clear enough that there was fraud activity and they returned my money, the TSB representative on the phone did not know what to answer me

 

. In a week I went back home and I found check for my business account in TSB, which was already closed and after I went into a branch I got my money in cash from my personal account and they closed it too.

 

After all what happened I was thinking that this is a bad story with a happy end.

But of course not.

 

I opened a personal account with Barclays online when I was still abroad and I got my cards and internet banking and etc. when I got home

. I deposited my money there, after I got them back from TSB in cash.

 

I had to open a business account and I went to Santader, where my other nightmare began

- I was declined, because of I was told " They see some flag in CIFAS database about me" and I have to find out what and this is the reason they cant open me an account.

 

I need my business account as soon as possible, because I am awaiting payments

I went to another bank, where the same happened.

 

My credit score is not perfect but is not very poor, so I was told to check my credit file and to look for CIFAS data, because its not about bad credit score.

 

I went into TSB branch ( my accounts are already closed and I cant get any help over the phone anymore) and the lady on the till tried to call "someone" and told me to check Experian

 

. I registered for Experian, Equifax, Callcredit and Checkmyfile and I find no CIFAS records on the file.

 

After researching CIFAS website ( I never heard of CIFAS before) I found out that I can send a Subject Access Request Form so they can send me all the information about me within minimum a week or max 40 days.

 

I don't know now what record has been held on my name in CIFAS

 

I sent their form today.

 

I opened a case with the Financial Ombudsman and I am awaiting their answer too

 

. I do not know what else to do and how can I find our more information about this Flag in Cifas and as I generated a credit file in all possible Credit agencies and no information about CIFAS is there, I am out of ideas.

 

Also from Satander told me to ask the gambling company if they sent maybe something to CIFAS, so I wrote their security team and I am waiting for an answer.

 

Did anyone of you had any similar situation and do you know how can I resolve it?

 

I was a Victim of Fraud and not only that but now I am experiencing all these problems and I am more than frustrated.

 

My only fast option now is to add my wife as a director and to remove my name from the company, so I can open at least the business bank account and to make VAT and salary payments on time, until I resolve the issue with my name :(

 

Thanks,

Ivan

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I agree with you and yes in order to make a payment someone needs to know the security number on the back of the card.

 

But we all make payments online and we are never sure if our details are compromised. If a hacker compromises a online store will have customers data including addresses and all debit/credit card details. Also nowdays most merchants should require 3ds where you need to enter for example sort code or account number to authorize the payment, which is not easy to compromise.

 

Another way someone to steal your details will be in a store or a bar where someone can take a photo of the card.

 

There are many ways someone to steal bank details and I really dont know which one happened to me. The bank should have a security in place and inform me foe suspicous payments in Gibraltar for a gambling company for example, what actually happened to me.

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Why they don't find anything suspicious is because the card cannot be used online without the security number on the back.

 

So someone has to know that number.

 

Not always technically true. Some companies dont need the CV2 code to process transactions. Its a rare occurrence but does exist.

 

However, Back to case in point. Have you registered the case with Actionfraud?

I had an email convo with Paul Pester and is one of the better CEOs for TSB. Have you considered escalating up the chain?

 

Also did you raise an official complaint with TSB? If not the FOS will not entertain a complaint.

 

I think you have a pretty good case here for further action if required.

 

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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I have not registered the case with Actionfraud yet, but as you have mentioned it, I will do that.

 

I have rased an official complain on the same day when I spoke to Tsb investigation and fraud team. I rec3ived a call by their complaints team and I explained the while situation. Since then ai have not heard of them.

Otherwise i would escalate the case up the chain. Should I write an email to Paul Pester?

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