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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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    • 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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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

Car Cash point - please help


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Hi.

 

I took out a loan with these people and have ran into arrears.

 

I have emailed them offering a payment plan of £100 for the next 3 months as I have recently been off sick and am working part time instead of full for the next 3 months.

 

Below is their reply.

 

Please could someone help me with how to reply,

whilst I can see if I can get work to issue some sort of letter i'm not happy with disclosing my medical information to them:

 

Thank you for your email.

 

As a result of broken arrangements and the level of arrears

third party debt recovery agents were instructed to recover the vehicle which has incurred further costs to the account.

 

In order for us to review your repayment offer we require that you send the relevant medical evidence and documentation from your employer confirming the short/long term change in your circumstances.

 

It is imperative that we receive the above in order to review your request.

 

We would also advise that you make your offer of payment however your account is currently not on hold until both parties can agree a mutually acceptable solution moving forward.

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None of their business

 

Is this secured by a bill of sale?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Have you received a default notice

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Check it is registered properly

Be back later

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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post up all the docs please, minus pers info

 

Did they actually repo the vehicle? full details please

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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I will post the documents later. They have not taken the vehicle yet nor has anybody been to my house. Here is an update on some emails from yesterday:

 

Me:

Whilst I am happy to send you details from my employer I am not sending any of my private medical records.

 

Please could you provide me with details of the recovery company and when this action is set to take place. Please could you also give me a email address for Mr Paul Hilburn.

 

At the moment I can only afford £100 a month until i'm back to full time - January.

 

Them:

Paul Hilburn is not currently in the office however the account was reviewed by one of the directors and other management also cc’d in on this email.

 

Further to your email management have reviewed your account with great concern and a decision has been made to accept as a minimum £300.00 recovery costs. This is an amount already paid by CCP as a result of instruction. Once this has been paid we will be happy to then accept your repayment plan proposal of £100.00 per month and cancel the instruction.

 

Please note that whilst we are waiting for you to make this payment standard recovery process will be followed. The recovery agents have left calling cards at your property with their contact details.

 

Me:

I would still like Paul's contact details. I would like a statement of my account emailed to me.

 

Please could you advise of the High Court Stamp Reference number. Nobody has a left a calling card, please could you email their information to me as requested by the end of today

 

Them:

If you forward any queries to Paul Hilburn at our info they would be forwarded to him upon his return to the office.

 

Please also see a statement of your account, bill of sale (last page) and contract attached as requested. I will also need to check the details of the third party debt recovery agency and respond to you in due course.

 

I really don't know where to go from here.

 

Not sure this is relevant but my first name is spelt incorrect on the bill of sale, making it a different name.

 

 'don't appreciate any help so I can draft an email to send today as I want to try and resolve this tomorrow.

 

I do find it strange they have told me a company has been instructed to recover the vehicle but couldn't tell me the company name. They also have stated they have left a card at my address but this is a lie, nobody has been to my address.

 

I've offered to pay £100 tomorrow when I get paid but they want £300 which I simply cannot afford.

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Are they saying they want you to pay for the repo fee upfront..I. Lost here

There can be no fees for repo if if if of happens

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Yes that is what they were saying.

 

 

My payment falls on the last day of the month,

the recent payment I missed was at the end of September,

yet from the statement of my account a £300 charge,

which they say they have paid to a 3rd party,

was added to my account on the 12th Oct.

 

 

It's my understanding they are supposed to issue a default notice and 1t days has to pass before this can happen? The 12th wouldn't of allowed that time.

 

Nobody has been to my home I still have the car and car cash point are still 'looking' for the name of the company who are acting on their behalf to come and take the car.

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they cant do that

and they cant charge for repo either anyway

 

off and bugger.

 

and no DN!! what clowns

 

not sure if its FOS or FCA complaint to

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

There probably never was a company thatwcomes to take the car. They were hoping youd roll over and pay. As for "however your account is currently not on hold until both parties can agree a mutually acceptable solution moving forward", hope they have good luck with that. Theyre gonna need it haha

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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what charge?

there is no charge for a DN

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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total crap

 

but ofcourse it doesn't say that in the DN

 

that they will levy a £300 repo charge if not paid by xyz date does it?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No it doesn't. Considering the charge was added on the 12th Oct, it's now the 30th and nobody has been to my house I really don't believe they have even instructed anybody. I just don't know where to go from here.

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well they cant add that charge anyway

even if they had repo'd

complain.

 

 

lets see if TOR drops in

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Just when you thought you'd heard it all

We.would like an upfront payment to repo your car😀😀😀clowns

 

How much are the total arrears and how much is your contractural monthly payment?

 

Forget emails time for a formal written complaint

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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  • 2 weeks later...

Here's the most recent update on this, still no further forward:

 

Me:

 

As advised all I can afford is £100. I can't afford to pay £300 at the moment.

 

I have advised I can provide proof through my employer I am on a phased return at the moment and therefore a part time wage, however this is temporary.

 

With regards to the £300 I notice this has been added to my account on the 12th October however it is my understanding this action can only be completed once a default notice has been issued and 14 days have passed, 14 days hadn't passed since the default notice by the 12th October, please could you advise on this.

 

Also please could I have the information requested as to who is dealing with the collection of the car. I'm also very surprised this charge was added on the 12th however nobody has been to my property as of yet?

 

I am trying to give you what I can afford however you are trying to make me pay what I don't have, I don't find this to be helpful for yourselves or me. Promising to pay what I can't afford will only mean more missed payments.

 

I feel that the emails from yourself within the last week have been confusing. First saying you would consider my £100 offer if I provided documentation and then later advising you would accept it if I paid £300.

 

Once again I make the offer to pay £100 on the 31st October, 30th November and 31st December then forward from that date onwards £175 per month until the debt is cleared. This is reasonable and within my means. Please let me know by 1pm if this has been accepted or not and also the information requested above.

 

If you decide to go ahead with the recovery I will be applying to the court for a time order this afternoon.

 

I would stress the importance of everything I have said and ask that a manager / owner of the company looks at this email.

 

I look forward to your reply and resolving this matter in a reasonable manner.

 

Them:

 

Thank you for your email.

 

Please be advised that the default that CCP are acting on was served on 29th June 2016.

We have attempted to work with you since this was issued to address the instalment arrears.

 

 

A payment plan was agreed with you in August 2016 which was unfortunately not maintained and you did not respond to our attempts at contact.

 

Third party debt recovery agents were then instructed on 12th October 2016.

This was as a result of the instalment arrears and the fact that only two payments had been received on the loan since its inception in May, this is still the case.

 

Please also note that we are not prepared to discuss the third party agents used.

 

The repossession fee is a fee that we have already paid to agents and that you are liable for as a result of the instruction.

 

 

You were made aware of this when the loan was taken out by acknowledging and signing a copy of a tariff of our fees and charges. I have also attached a copy of this for your information.

 

Car Cash Point remains committed to assisting you however by not providing the supporting documents to confirm your circumstances makes it difficult to do so.

 

Our position remains the same in terms of the amount required to cancel the instruction that being £300.00

 

 

but having spoken to the managing director as a gesture of goodwill we are happy to place the instruction on hold for a further period of two weeks, to 15th November 2016, to make this payment and formally agree a mutually acceptable repayment plan to clear the remaining instalment arrears and costs outstanding on the account.

 

This confirms that Car Cash Point unfortunately have no choice but to reject your repayment plan proposal of £100.00 per month at this stage.

 

 

A repayment plan needs to ensure that the account is managed responsibly and the arrears do not become unsustainable.

 

 

Please note that your weekly instalment is £21.06 (monthly equivalent £91.26) and your instalment arrears are £371.32 plus costs are £588.00.

 

I'might not sure where to go from here.

Today was the deadline and unfortunately a money tree hasn't grown in my garden since I emailed them.

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first read this especially 4.8.4 and 4.8.5

 

https://www.ccta.co.uk/wp-content/uploads/2016/06/Bills-of-Sale-Code-of-Practice-consumer.pdf

 

I notice despite advice above you are still emailing

 

You need to make a Formal Complaint in writing on what you have learnt from the advised link

 

\You can indeed go down the time order route

 

I would suggest for the moment as a precaution you look to keep the car in a secure locked garage

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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they cant charge anything for repo nor levy any unlawful fees.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I put in a written complaint as advised, I also put one in with the ombudsman. I received this email yesterday:

 

I write to confirm receipt of your complaint. This has been passed to Paul Hilburn our director.

 

Paul attempted to call you this afternoon and left a message.

 

Please can you call him back as a matter of urgency in order to discuss a resolution

 

Should I call them, or ask them to email me so I have everything in writing?

 

Thex car is at a friends house for now.

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Having also opened a complaint with the FOS, they have advised me to communicate in written letter only.

 

I hereby refuse your offer of a telephone call.

 

Regards

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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