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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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      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.

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Suspect Rogue trader selling reclining chairs


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My 89 mother invited a company to quote for a reclining chair after seeing advert in National Press.

The company is Orchid Mobility and not the company recently featured on tv’s rogue traders.

 

She ordered a chair and unfortunately paid by cheque as they wouldn’t accept a card.

They said she would get priority delivery if she paid in full which she did (£1395).

I was on holiday by the way and was unaware of this.

 

The order was placed on 19th Feb with a 4 week delivery promised.

The chair has yet to be delivered and now we are in May.

Numerous phone calls have resulted in blatant lies telling us the chair is finished but too busy to deliver.

Delivery dates given but never met etc.

 

I have sent recorded delivery letters giving ultimatums but they have never responded or returned calls.

They are still answering their phone and hence still taking orders from old disabled people.

 

I rang citizens advice and they said police not interested and they said after the recorded letters follow up with small claims court.

I have traced the company directors name from Companies House but can’t find his residential address or I would ring his home.

 

Cannot definitely find him on Facebook but I think I know who the culprit is.

Any advice welcome to get the money back and get this lowlife stopped.

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Hi and Welcome to CAG

 

I have moved your thread to the most appropriate forum....please continue to post here to your thread.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Is this the company - http://orchidmobility.co.uk/

 

 

We need you to specify the company so that we don't get it wrong

 

Please will you post up further details of the company and the directors which you have discovered.

 

Was the chair bought online or over the telephone or as a result of the visit to the shop? Which newspaper was it which carried the advertisement?

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Unless things have changed, a long time ago i recalled a cheque a couple of months after it had been cashed.

The bank was very good at the time and i got my money back.

Might be an option.

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Struggling at the moment finding my way around the site. I think I have turned off private messaging by mistake and not sure what it means or how turn it back on. Which part of the forum did you say my thread has been moved to? Thanks for quick reply and help.

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You are on the thread now. It would be helpful if you would simply answer the questions

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The company is Orchid Mobility of COLCHESTER. I am sure this is just a registered office where other companies are registered. Their advert was carried by the Sun newspaper as recently as April 21st. The company has only one officer the M.D. who is a Marc Anthony Bridges an accountant born July 2979. I think it is the same person as the Marc Bridges an accountant who was born same month and year and who lives at 38 Hunters End, Trimley Saint Mary, Felixstowe. The chair was ordered after a phone call to their 0800 1223 850 number. The salesman a Mr Doug Thomson (07738 218783) came in an SUV and was given a cheque.

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In that case the company is Q7 Consultancy Ltd and they are trading as Orchid Mobility. However, there is also Orchid Mobility Ltd and they are dormant.

 

Q7 consultancy-14079396_2.pdf

 

orchid mobility-14079396_1.pdf

 

 

An interesting suggestion was made above about recalling the cheque. This is unlikely to be effective – but have you thought about it? And have you tried? There is nothing to lose.

 

Unfortunately, you are dealing with a limited liability company here and so you would have to sue them at the registered office. You may well find that there is nothing there against which to execute. Have you looked around to see whether they have a retail outlet or anywhere where they store this kind of equipment?

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Cheque was cashed 26th Feb do I was assuming nothing could be done but will inform bank anyway now. Not found any other premises / shops associated with this company.

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Were you given any invoices or receipts with their name on them?

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Unbelievably out of the blue the company rang us earlier today promising the delivery of the chair. It has now been delivered and they apologised profusely. I posted a bad review of the company on Google which they were aware of and they promised my mother a £100 refund if I should remove the review as it was effecting sales. My impression of the company is that they have a terrible customer service as they have never rang us or given legitimate reasons for late delivery and even said at one point that the chair was available. I suspect they have a sales network being paid on commission giving unrealistic delivery promises. I would have accepted good reasons and intend to ring them to give them feedback.

Many thanks for everybody's help.

Jim Isherwood

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Well done. I'm very pleased to you. It's really amazing that these companies are prepared to smash up their own reputations with such stupidity.

 

 

If you are going to accept their hundred pounds – then I suggest you do so without mentioning the thread on this forum. We never remove this kind of material- and we have been offered good money to do so.

 

By the way, do you happen to know if the cooling off period/cancellation rights were explained to your mother at all at any time during the sales process?

 

Were there any terms and conditions printed on the sales receipt or any other documentation?

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Will not refer to this Forum. The T&C’s were outlined on the back of the receipt although I don’t know if my mother was alerted to them. If you think I should add anything else to my post after giving the company feedback for your future readers I would be pleased to do so.

Many thanks again

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No thank you.

 

I think that is probably the end of the matter although I'd be very pleased if you could post up the terms of conditions in pdf format

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Having checked your permissions there is no reason you cant upload.

 

**you can post up images/letters by this method immediately. You don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use http://www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD -mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box. Just upload it ..job done

.

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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If the review was honest then there is nothing to stop you accepting the money for the removal and then offering a truthful review elsewhere. Personally i would be adding to that review that they have asked you to take it down in exchange for a bribe because it is harming their business. the amount of profit they make on these chairs means £100 is nothing to them

 

Unbelievably out of the blue the company rang us earlier today promising the delivery of the chair. It has now been delivered and they apologised profusely. I posted a bad review of the company on Google which they were aware of and they promised my mother a £100 refund if I should remove the review as it was effecting sales. My impression of the company is that they have a terrible customer service as they have never rang us or given legitimate reasons for late delivery and even said at one point that the chair was available. I suspect they have a sales network being paid on commission giving unrealistic delivery promises. I would have accepted good reasons and intend to ring them to give them feedback.

Many thanks for everybody's help.

Jim Isherwood

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