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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.

      Please can you advise what I need to do today to get this done. 
       

      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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Myself and my wife had to go onto Universal Credit and this is the only income we have at the moment. We were in arrears with our rent and council tax but had been in constant communication about this. Our landlord was fantastic about it and still is. The council on the other hand have been a bit of a nightmare.

 

We submitted all the budget statements etc so they can see we only have Universal Credit as our single source of income. Yet they expected us to pay £100 per month council tax. To be clear our monthly Universal Credit is £1077 out of which we pay £875 rent. That leaves £202 per month for water, gas/electric, food and other bills.

 

We applied for discretionary housing payment to top up the rent portion of our UC and are still waiting on a response. That would free up money to pay council tax and bills...I think, although it's often the case that they give with one hand and take away with the other.

 

So always been in constant contact with the council. They know our situation but still took us to court which I suppose they are required to do.

 

I did talk to their recovery dept about that and the woman there said not to worry, it is only a liability order and as the council are dealing with our situation and know about the Universal Credit it should be fine. It wasn't!

 

A couple of weeks ago we received an enforcement notice from Rossendales stating that we needed to pay the full outstanding balance by the 13th September plus a £75 enforcement fee or bailiffs will visit and take control of our goods etc. Good luck with that. We sold everything we had in an attempt to stay off benefits!

 

However this was still at the compliance stage so I was aware I could possibly make an arrangement over payments. I phoned Rossendales and at first they wanted a minimum of 75% of the outstanding debt but we got that down to two payments of £237, one on the 18th of this month and the balance on the 18th next month.

 

So far so good. It means we are going to have a problem with rent but I will figure something out.

 

My main concern now is that I have no written agreement with Rossendales. A bailiff could still turn up...although of course I won't let them in but my car is outside the flat and I am concerned they will simply go ahead and place a control on that.

 

So apologies for the long winded post but my real question is are Rossendales to be trusted when an agreement has been reached over the phone? Should I move the car just in case?

 

My wife is ill and on medication. She really doesn't need this sort of stress right now. Neither of us has ever had to claim benefits before and It certainly has been an eye opener to how people are treated, especially by their local councils.

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You have come up against the bureacracy that exists in local authorities possibly without realising it The department that deals with benefits probably does not communicate with the department that administers Council Tax. In many instances the work done behind the scenes in Councils is usually hived off to private companies. When you made your claim for UC did you claim for the housing allowance to get help with your rent? Have you made a separate claim for Council Tax Reduction? If so how long ago was this done?

 

 

Even if you are awaiting benefit decisions you are still expected to pay your Council Tax - difficult if you have nothing and it is abou time the powers that be introduced another level of non-payment to account for this. have you checked to see if you are getting everything you are entitled to, a useful benefit checker can be found @ https://benefits-calculator.turn2us.org.uk/AboutYou

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You have come up against the bureacracy that exists in local authorities possibly without realising it The department that deals with benefits probably does not communicate with the department that administers Council Tax. In many instances the work done behind the scenes in Councils is usually hived off to private companies. When you made your claim for UC did you claim for the housing allowance to get help with your rent? Have you made a separate claim for Council Tax Reduction? If so how long ago was this done?

 

 

Even if you are awaiting benefit decisions you are still expected to pay your Council Tax - difficult if you have nothing and it is abou time the powers that be introduced another level of non-payment to account for this. have you checked to see if you are getting everything you are entitled to, a useful benefit checker can be found @ https://benefits-calculator.turn2us.org.uk/AboutYou

 

Thanks for the reply. Yes I couldn't quite believe how complicated these things become. I always knew of course that people struggled with the benefits system but councils are a whole new level of mismanagement and incompetence!

 

The housing allowance is part of Universal Credit but of course it doesn't cover our rent. I think it's capped at £620 and our rent is £875. We were paying that fine for over two years and then of course my wife became ill, my work dried up...really just a "perfect storm" of events that landed us in this situation. I must say though, all our creditors have been pretty good. All have accepted token payments..which of course keeps the debt live, I know that but still it helps. In fact the ONLY people we have a problem with is the council.

 

It seems we are dealing with two or three different departments within the council and non of them are speaking to each other or even bothering to use a calculator and add up what we have coming in and what is going out. We did seek debt counselling at Citizens Advice and by their calculation if we paid everything we should pay we would be minus £230 per month!

 

We have done all the checking on what benefits we are entitled to. We do receive council tax benefit but for some reason despite having just Universal Credit as income they only reduced it by £32 per month. Not exactly sure how they calculated we could pay the remaining £100 per month.

 

There has to be a better system than this?

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You have come up against the bureacracy that exists in local authorities possibly without realising it The department that deals with benefits probably does not communicate with the department that administers Council Tax. In many instances the work done behind the scenes in Councils is usually hived off to private companies. When you made your claim for UC did you claim for the housing allowance to get help with your rent? Have you made a separate claim for Council Tax Reduction? If so how long ago was this done?

 

 

Even if you are awaiting benefit decisions you are still expected to pay your Council Tax - difficult if you have nothing and it is abou time the powers that be introduced another level of non-payment to account for this. have you checked to see if you are getting everything you are entitled to, a useful benefit checker can be found @ https://benefits-calculator.turn2us.org.uk/AboutYou

 

Good advice above but your immediate problems can be sorted out very rapidly.

 

Google, your local councillor / head of local council

 

Call local councillor and send an email explaining your position, copy in and ring the head of the council.

 

These are elected people with an interest in protecting their constituents, who also have the absolute power to override Bailiffs, The Revenue department, and anyone else. Someone gave me the same advice when I was in a desperate situation with C/tax, honestly I wasn't expecting anything but it was resolved within 15 minutes.

 

If you need any advice on what to say, let me know,

We could do with some help from you.

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Thanks for the advice. I now have written confirmation from Rossendales confirming the arrangement put in place. So at least that lessens that part of the stress problem.

 

I will however follow this up with our local councillor because I don't think it is at all right to put anyone in this situation. Many of the people facing these problems are not those who simply won't pay but are those who for whatever reason just can't pay.

 

It is stressful enough dealing with creditors but being terrorised by your local council, who should really be there to help people is something I never imagined was possible in the UK. You certainly live and learn!

 

Will update as things progress just in case it helps anyone else in our situation.

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It is stressful enough dealing with creditors but being terrorised by your local council, who should really be there to help people is something I never imagined was possible in the UK. You certainly live and learn!

 

Will update as things progress just in case it helps anyone else in our situation.

 

9 years of Austerity means that councils pay customer service staff peanuts and as a result, get monkeys. A little empathy training would really go a long way with many of their staff. It's almost like they are told to fob you off, no matter how bad your problem. Explaining to them that you can't afford to pay your rent this month unless you can come to an affordable arrangement is like trying to explain Quantum physics to a dog.

 

Fortunately in this country, we have a lot more power than we think, the local council system ensures that local government representatives have their mobiles and email addresses publicly available. In my case my head of local council, replied to my email almost immediately, and told me not to worry. By the end of the day my attachment of earnings had been removed.

We could do with some help from you.

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