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    • Aesmith - Thank you for your recent interest in my issues.  Input on people's topics can be most useful from specialised experts or those that have similar experiences.  Some people really struggle with knowing what to do (I certainly do) - so it is most useful and helpful and reassuring when solid sensible advice is offered.  I have found there to be some very kind, helpful, supportive and legally knowledgeable people here on cag over the years - who give sound legal advice for people to roll up their sleeves and follow up on.   Of course, sometimes it can be quite challenging sifting the wheat from the chaff.  I don't have lawyer or barrister.  I sometimes attend pro-bono legal clinics for help.  And sometimes have access to barristers via a pro-bono service called Advocate.  Both ad-hoc. Pro-bono means 'free'
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    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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Santander Refuse refund


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Hi,

 

Thank you so much for all your support. I have contacted Travis Perkins CEO and they informed local Regional Director to resolve this matter asap and reply me. He has sent me copy of email sent to each and every person.

 

Unfortunately, I can not put Building company email over here as they were threatning me to take legal action for damage their reputation so i am worried what will happen.

 

We have sent all disclaimer form to Santander to look into this matter as well video copy on pen drive confirming travis perkins collected their goods back.

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As long as everything has been honest and truthful, there is nothing they can do about any damage to their reputation. If they are threatening to take legal action over things which you are saying which are true, then those threats are just simply a lot of hot air.

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Building company refuse to response any letter i have sent previously now time will finish tomorrow what do i have to do

 

I am really depressed due to all these situation as we do not get any help from any one. I just checked my bank account and left with only £8.90 which is really hard as i recently lost my job and i do not get paid yet any benefits due to we have property. Now we cant rent this out as its in a such mess condition or nothing we can do i dont know what to do..

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why do you not get benefits because you have property?

who said that?

 

 

have been on the entitled.to site

might be better to start a thread in the benefits section.

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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I have deleted your last post because the issue that you are complaining about there is a completely separate matter. You need to start a new thread in the appropriate forum.

 

In terms of this issue with Santander, I recommend for the moment that: –

 

Find out who is your MP.

Contact the MPs office and make an appointment to see him/her and to ask him for help dealing with the police because they refused to investigate the fraud which you have suffered.

Write to the police a formal letter, setting out the fraud allegations that you are making and selling them that it is inappropriate that they are refusing to investigate and that in fact it is not a "civil matter" as they have told you and that there is an ongoing fraud being perpetrated. Tell the police that you are seeking the help of your MP and the you want the matter investigated and you want both Travis Perkins and also the builder visited and at least the stolen money taken from them and held by the police until the matter is sorted out.

 

In terms of the appropriate action for getting your money back, I suggest that there could be a basis for suing for – unjust enrichment. This is an extremely rare kind of action to bring, particularly for this level of loss which I understand to be about £2000 in one case and about £4000 in the other.

 

Here is a link to a Google search on unjust enrichment: – https://www.google.fr/search?q=unjust+enrichment&ie=utf-8&oe=utf-8&client=firefox-b&gfe_rd=cr&ei=sfXHWOCwIIuGgAaD46fYCQ

 

Basically this is an action where you allege that the defendant has made a gain, at your expense, and it is unjust for the defendant to be allowed to retain the money.

 

It seems to me that it is simple enough to bring and it can be bought in a Small Claims Court. I can expect that the county court judge who hears the case will never have dealt with and unjust enrichment action in his life and because of that he may find interesting.

 

I would begin by suing Travis Perkins because the sum is much smaller than with the builders. Also, regardless of Travis Perkins's strange behaviour in retaining the money and giving very little explanation as to what's going on, they are a large company with a substantial reputation and I would have thought that once they receive the court papers, they will be anxious to start taking it seriously and to sort it out very quickly. I'm sure that they have got better things to do than to hang onto this kind of money and risk the kind of expense they would need in order to fight the case in court. £2000 of Travis Perkins is small change. I really have no idea why they can't be upfront and transparent with you. It seems very strange.

 

If this interests you then I would suggest that you take a little while to read through the material which you are fine off the link that I have posted just above and if you are happy to bring a county court action then we will help you prepare a letter before action and then to draft the particulars of claim which you would begin as usual using the money claim website.

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The op's name is in the paperwork as far as we know, otherwise they wouldn't have been able to take payment, so TP and builders have a contract (invalid) with the op.

 

You say that the op cannot sue TP or builders, but then in your last post you suggest suing them in county court for enrichment.

You need to make up your mind...

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You're right, I need to make up my mind – and this is exactly what I've done

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As per instruction i have contacted Travis Perkins regional area director and i have received response from them. They will come tomorrow between 1pm -3pm visit property and discuss matter. Branch Manager from local travis perkins and Investigator will visit property.

 

I have called santander regarding we submit visa dispute form for Building company and travis perkins. They update me they have sent another disclaimer form asking for more information they require what service was provided and if goods has been returned how much value of goods.

 

Now i am facing problem in that disclaimer as Travis perkins refuse to provide me value of return goods as well Builder refuse to provide me any information as both saying i am not customer and they can not discuss matter with me.

 

Can any one please give me some advise what i have to do regarding this matter.

 

Thanks

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As per instruction i have contacted Travis Perkins regional area director and i have received response from them. They will come tomorrow between 1pm -3pm visit property and discuss matter. Branch Manager from local travis perkins and Investigator will visit property.

 

In respect of this meeting, I suggest that you discuss things as calmly as possible but don't agree to anything and don't sign anything without taking advice – meaning coming back to us. If I were you I would make sure that you got a pen and paper and that as the conversation develops you take notes. Make sure you get the names and the business cards of the people who visit you. Of course, it would be helpful if you had some independent witness present at the meeting as well.

 

Make sure that you asked lots of questions if you don't understand anything so that at the end you have a clear view of what has happened, why they won't deal with you and in particular why they won't return your money. Frankly if you were able to record the conversation then that would be a good idea.

 

Tell them at the beginning of the meeting that you will be making notes about it and that you will be relaying details of the meeting both to your bank and also to the police.

 

Make sure that you take careful notes of everything that is said

 

I have called santander regarding we submit visa dispute form for Building company and travis perkins. They update me they have sent another disclaimer form asking for more information they require what service was provided and if goods has been returned how much value of goods.

 

Now i am facing problem in that disclaimer as Travis perkins refuse to provide me value of return goods as well Builder refuse to provide me any information as both saying i am not customer and they can not discuss matter with me.

 

Can any one please give me some advise what i have to do regarding this matter.

 

Thanks

 

In respect of Santander, how do they contact you? In writing?

 

I don't understand why there should be any problem as to the value of the goods. You tell them that the value of the goods is exactly whatever amount of money was used to pay for them. Exactly the same for the services. There should be no mystery about it.

 

Incidentally, in respect of the letter to the police that you are currently doing, send a copy to Travis Perkins and also copy to the builders and also copy to the bank.

 

If you have the letter ready in time then it will be a very good idea to give a copy of it – signed – to the Travis Perkins people when they come tomorrow. Give it to them and tell them that this is a copy of the letter that you are sending to the police as well as to the other parties. Point out to Travis Perkins that you are making an allegation against them as well. Point out that they are assisting in the retention of stolen property contrary to section 22 of the theft act 1968

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Whenever I have a dodgy meeting I keep a recorder in my pocket and while holding pen and paper in my hand I state: "I will take a record of this meeting, is it ok?".

Without fail the mugs say yes and then they are shocked when presented with recoded evidence.

They usually promise you the world only to go back to their office and claim that you agreed to the exact opposite.

Anyone in managerial role is corrupt lowlife in my experience and won't do the right thing but the corporate thing to screw you over.

They're coming in pairs because they can then support each other false statement.

Nail them with a recording.

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I think that Travis Perkins is generally speaking a reputable company and I don't understand why they're acting this way. Maybe this is just something where they're out of their depth and they don't really know what to do properly.

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Hi

 

Sorry for late response. As i had meeting with Travis perkins Security Manager he confirmed he will refund money as some of items missing so he will deduct that amount and pay rest . Lets see how much he is going to refund

 

Thanks,

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Yes I did all video recording and I have received email from him instructing branch to process refund

Marvellous ☺

You just need to deal with the builder now.

I would again go to Santander and robustly instruct them to do a chargeback.

I would write to ceo and let him know that if you don't get your stolen money back you will be naming him personally in your next police report as a person aiding and abetting fraud.

See if they change their attitude when they get personally involved.

Truth is police don't want to know about these crimes.

To them it's only money and you are a poor guy who's been sc@mmed, but they won't interfere (civil matter is their favourite).

If Santander ceo doesn't sort it, you'll have to sue the builder, but I would keep on going to the police and escalate as much as possible because this is not a civil matter.

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Yes i already emailed to Nathan Bostock ceo of Santander and i have received phone call from complaint chairman office confirming they are investigating matter and will update me soon.

 

I have contacted Santander today as previously they sent out another dispute form as they require further information but we did not receive anything so will chase.

 

Hopefully this matter get resolve without going to court.

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Hi

 

About my complaint to CEO office in santander i have received email from CEO Complaints team they have declined my complaint saying Fraud team already made their decision based on information they have received. They can not alter decision and it will remain same. I try to explain person confirming this that we have enough evidence and information regarding this one as our details used fraudulently. But he refused to understand says fraud team will write a letter to us.

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I think that Travis Perkins is generally speaking a reputable company and I don't understand why they're acting this way. Maybe this is just something where they're out of their depth and they don't really know what to do properly.

 

can some one please update me what I have to do next as looks like I am stuck with builder money as I did not receive anything from Santander

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