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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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Course Costs


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Hi,

In Sept 2017 I enrolled on a course at University, at the induction day I signed an agreement for the course costs £2170 payable in 3 parts. I signed a Direct Debit form, and over the coming months all the money was taken from my bank successfully.

 

Job done in my opinion.

 

8 weeks ago, I received a threatening letter, not far off a screaming banchee coming in the room and demanding £320. "You agreed to accept responsibility for your course fee's and if you don't pay immediately we will pass this to an external debt collection agency"

 

I had no idea what this was about.

I called them, and they didn't either, so I was told that something was wrong but they were not sure what, and would look into it.

 

 

4 weeks later, Another letter arrived, even more angry than before with more threats. I have, demanded an explanation of why I being asked for £320.00 I feel this is not an unreasonable thing to ask.

 

They say, I was charged the wrong amount, and the correct amount is on the website, it's in the terms and conditions that they are allowed to charge for any mistakes they make, so pay up.

 

"The 2017/18 Tuition Fee Regulations state ‘1.10 The University reserves the right to correct administrative errors identified during invoicing and take action to recover any shortfall in fees in accordance with the published tuition fee listing for the appropriate academic session.’ Our Regulations are published externally in advance of the application cycle"

 

I think I have to pay them, even though its not the amount I agreed to pay, I just think their approach is awful, what if this was a more vulnerable person (as some students can be), they were very iron fist in their approach.

 

Can I legally demand an invoice from them in advance of the £320 payment, as I have asked for them to issue an invoice and they say its only a correction.

 

thanks

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I wouldn't regard administrative errors one and the same as a contract stating the costs of the course which you signed and agreed to and paid by DD...end of.

 

Now if they issued a new credit agreement explaining that the credit agreement you accepted was quoted incorrectly and ask you sign the new one to replace the previous...that could be possibly accepted.

 

You cant use administrative errors to correct credit agreements....because if it ever went to court the first thing a Judge will want to see is the agreement and price and if you paid in full.

 

Andy

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according to themselves they must correct the mistake during the invoice period, not a year later. It may be a moot point if you are continuing the couse beyond the 17/18 academic year as they just wont accept you on it next year if you have a debt to the uni.

I agree with you about the unneccessary manner they have used in correcting their error, use the college grievance procedure to get an apology for the way they have behaved. Your senior tutor will most likely be the first port of call and generally academics who take that role have the students interest as heart because they delay their promotion by doing so.

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"The 2017/18 Tuition Fee Regulations state ‘1.10 The University reserves the right to correct administrative errors identified during invoicing and take action to recover any shortfall in fees in accordance with the published tuition fee listing for the appropriate academic session.’ Our Regulations are published externally in advance of the application cycle"

 

 

 

 

Have you checked what "the published tuition fee listing" for 2017/18 actually says?

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Hi, thank you for some good advice, appreciated.

 

> Ethel Street

"Have you checked what "the published tuition fee listing" for 2017/18 actually says?"

Actually, I couldn't find it anywhere, and so I have demanded that they send me a link to that published fee...

 

> ericsbrother

along with the unnecessary approach and demanded an apology ...

 

> Andyorch

followed by - saying if I do find the published fee online then I may consider paying this additional fee ie produce a new agreement accompanied by an explanation.

 

plus raised a complaint in the hope of protecting people in future who may be frightened by this kind of approach.

 

so thank you, I'll let you know how that goes

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Its irrelevant what you find on line.....as it may have been updated and "someone " error corrected since you signed the agreement.....as it stands they are making you correct someone else error.

 

 

" at the induction day I signed an agreement for the course costs £2170 payable in 3 parts. I signed a direct debit form, and over the coming months all the money was taken from my bank successfully. "

 

You have kept to your part of the agreement and fulfilled your liabilities.

 

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

 

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  • 2 weeks later...

Hi Andyorch, thanks for your reply,

 

They have responded to me by sending me a brochure showing the full price last year for the full time study, £4'860, no indication of the part time course costs.

 

I agreed my contract on 6.9.17 for £2'110 part time, then paid it as you are aware.

 

They sent me a copy of an advisory note they sent on 6.9.17, showing cost of the full time course, obviously I didn't see it then as I was not at home, I was in the university signing their agreement and didn't associate the full price with anything I was doing.

 

They also sent me a copy of a new invoice, they claim was sent to me on 7.2.18 showing a new figure of £2'430 and giving me 30 days to pay it. No explanation of any error. Anyway, I have never seen it until a few days ago.

 

I checked online and this years costs actually show the part time fee, which is now £2'140. I asked about that and they say that the university exercised its right to revise the fees for new entrants joining in 18-19

 

So basically they made a mistake charging me and want the missing pennies, and say they have the right to do so, even though this years fees are almost what I paid.

 

 

Thanks gain for any advice.

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They should have sent the corrected invoice after Sept 2017...not in Feb 2018......they should have examined the agreement signed in Sept 2017.

 

Given its their error why not suggest a monthly payment plan of say £30 PM as its their error...your not in a position to pay in full to balance their errors and they should agree to meet you half way ?

 

 

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

 

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