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    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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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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      Many thanks 
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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
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Understanding my Pension Statement


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Good morning. Firstly, sorry about this post being crammed into one paragraph! I can't seem to edit it to how I'd like to present it.

 

I have a couple of questions as I'd like to be pre-armed with a tiny bit of knowledge before contacting the pension provider/financial adviser.

 

I have a pension plan with Zurich, which was formerly with Allied Dunbar, which I haven't contributed to for many years. Firstly, should I be concerned that a Financical Adviser company has written to me (last year) to inform me they have taken over from Zurich Assurance Ltd in handling my pension?

 

The statement is on Zurich letterhead with the new company's details on the right hand side. But, the main reason for the post is to just understand the basics of what the statement is telling me. It's showing two parts: EXCLUDING FORMER PROTECTED RIGHTS BENEFITS = Total Current Value of £6,301 FORMER PROTECTED RIGHTS BENEFITS ONLY = Total Current Value of £71,365

 

My questions are: Does my pension 'pot' literally consist of these two combined? When I reach the age of 55 next August will I be able to access the full amount? It's a small pot, therefore of course, I don't consider this is going to be providing me with a regular income at retirement - therefore the likelihood is that I'll take the 25% tax free amount and then go with one of the options available for the remaining.

 

Hope that makes sense and thanks in advance for any replies. Stuarto.

Edited by honeybee13
Paras.

Bank Charges:

First Direct: £250 settled at Prelim stage 3.4.07. :-)

Intelligent Finance: £798 settled at Prelim stage 1.6.07. :-)

Woolwich: £1178 settled at Prelim stage 20.7.07. :-)

 

PPI:

Barclaycard: £1103.67 settled at S.O.C. stage 2.8.11. :-)

Credit Card Charges:

Barclaycard: £926.38 settled at S.O.C. stage 4.8.11 :-)

 

Thanks CAG and all those who've helped me on the forums.

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You need to raise any questions like these with Zurich and get the information in writing.

 

I think you need it from the horses mouth, rather than an online forum. If you don't understand a pension scheme, you need the company doing the pension admin to explain about your rights.

 

I thought the Government were going to stop people aged 55 or over withdrawing all of the available pension pot money. Again a reason for Zurich confirming your rights, if you wanted to access the funds next year.

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basically a pension is divided into 2 bits because you have opted out of the govt SERPS whilst it was active. What your pension is worth is the 2 amounts combined. Before you make any decisions on moving your money you need certain information such as what are the current management fees- the maximum under current rules is less than 1% but older schemes will have much higher fees so that can make it worthwhile moving the money elsewhere anyway. Secondly what is the cash in value as some schemes have a big penalty of what they like to call "market rate adjustment". Again, on newer schemes they just have a buy/sell price on the units in the scheme so it is easier to calculate what the real cash value is. The older scheme may take a massive slace for their supposed adjustment. It theoretically pays for the sudden selling of all of your shares held in trust at a loss but in reality they just take a massive cash slice to punish you. Thirdly you will want to know if you can take the whole sum as cash, a partial settlement to ease the tax liability and whether you can transfer part of it out to another scheme.

They may force you to see a financial advisor who will charge you £2k to do nothing useful if you actually want the cash.

Theoretically though you can take the whole lot as cash. You cannot take 25% of the pot tax free and leave the rest where it is, the tax free bit is a portion of the amount you take out of the scheme so if you withdraw £50k you get the first £12.5k tax free and the rest is treated as income for the tax year so will bump you into the higher tax bracket. Take out £20k and you get £5k tax free and then pay your normal tax rate on the remainder so 20% for most people

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