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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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lowell after old E.ON debt not on my file - sure i settled it years ago


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urm what are a DCA doing with a utils bill?

 

that explains the discount.

 

util companies do and succeed in easily getting CCJ themselves at the drop of a hat.

they didn't they sold it on.

 

that means there is SOMETHING WRONG with the debt

the fact there is a discount also means there is something WRONG [bOGUS] with the debt.

 

is it defaulted and showing on your credit file?

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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we have an e.on rep

I've sent them a msg,

 

liaise with them

 

please stop phoning DCA's up.

 

I've created this debts own thread too

 

dx

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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Hello bitemarx and I can confirm, we've sold some of our unrecovered debt to Lowell.

 

The sold accounts are all finalised and have had outstanding balances for a fairly long time (up to 6 years old). They've gone through our complete debt collection process but we've been unable to collect the outstanding balances.

 

We'll have written to you to let you know about the sale and what to do next. Lowell will contact you independently by letter. Please deal with them directly as they'll now look after the debt. Contact details are on both ours and Lowell's letters.

 

Should you agree this is a valid debt, you can pay Lowell directly or talk to them about setting up a suitable payment arrangement. If you've any queries about the debt, our advisors will be happy to give you as much information as possible including meter readings and supply dates. They'll be unable to take any action on the account as this now needs to be initiated by Lowell.

 

Hope this helps point you in the right direction bitemarx.

 

Malc

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get an sar running to eon BM.

get the information ignore lowells for now.

 

if the debt doesn't show then make SURE the address that the debt occurred at IS showing under your linked addresses on your credit file.

if it does then this smacks that the debt is defaulted more than 6yrs ago and has been removed from your file as aged.

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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CAn you ring Eon and ask them?

 

Alternatively give them as much info as you can re addresses, type of fuel etc and see if they can find the account that way.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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you don't need any number to send an sar.

 

just send it.

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... 

Link to post
Share on other sites

Hello bitemarx and just a quick heads up about the SAR.

 

Under recent changes to industry regulations, when customers ask for an SAR, we need to raise a Customer Rights Request. Once raised, we need to be back in touch within 30 days. We'll send you copies of the data on the account, including the bills, as well as any phone call transcripts we hold. There's no longer any charge for this service.

 

As Bazooka Boo says, we'll be able to identify the account from the postal address for the old property. Please also include the reference number from Lowells.

 

Hope this is of use bitemarx.

 

Malc

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  • 4 weeks later...

Under recent changes to industry regulations, when customers ask for an SAR, we need to raise a Customer Rights Request. Once raised, we need to be back in touch within 30 days.

 

Malc, I genuinely dont know:

 

What the heck is a Customer rights request and why should that mean anything to a person making a SAR request under the GDPR?

 

especially, What has that got to do with delaying the 30 day countdown from CUSTOMERS request to the response required under the GDPR - if thats what your post means?

 

 

My understanding is that quite simply you have to get back to the customer within 30 days of their request unless there is a good reason why not, and its my understanding that your internal systems or processes or desires is NOT a valid reason for any delay ...

 

More than happy to be enlightened regarding this ..

The Tory Legacy

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Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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Theres no such thing as a customer rights request. Its a silly thing eon have come up with in order to frustrate and stall a legal request under GDPR

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Malc, I genuinely dont know:

 

What the heck is a Customer rights request and why should that mean anything to a person making a SAR request under the GDPR?

 

especially, What has that got to do with delaying the 30 day countdown from CUSTOMERS request to the response required under the GDPR - if thats what your post means?

 

 

My understanding is that quite simply you have to get back to the customer within 30 days of their request unless there is a good reason why not, and its my understanding that your internal systems or processes or desires is NOT a valid reason for any delay ...

 

More than happy to be enlightened regarding this ..

 

Hello tobyjugg2 and the Customer Rights I mentioned above is part of the structure we've set up to make sure we comply with all aspects of GDPR.

 

GDPR covers more than just Subject Access Requests (SAR). It also covers alternative customer rights such as the Right to Erasure, Right to Rectification, Right to Data Portability etc.

 

We've set up a ring-fenced team to deal exclusively with all these requests. Any advisor can raise a Customer Rights request. It then goes to this ring-fenced team who need to be back in touch with the customer within 30 days of the request originally being raised. It could be quicker depending on what's involved. There's no charge for this.

 

Previously, for an SAR, there was a £10 admin fee and we had up to 40 days from receiving a written request with payment to send the information. The new system will speed things up and make sure we're abiding by GDPR.

 

Hope this explains tobyjugg2. Let me know if you need any more information as happy to help.

 

Malc

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Theres no such thing as a customer rights request. Its a silly thing eon have come up with in order to frustrate and stall a legal request under GDPR

 

As above, renegadeimp. The new system will speed up our response to these requests and make sure we're complying with the requirements of GDPR.

 

If bitemarx asks for a Customer Rights request to be raised, this will kick-start our system so we can give them the information they need in good time.

 

Malc

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And as i said, its something your company made up to obfuscate the process. No other company does it. They dont need to make a rights request. When they request a sar, then you fulfil it. Not tell them to call again and raise a rights request.

 

But as we always say on here, we have to at least give you a chance to show your willingness to help people.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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And as i said, its something your company made up to obfuscate the process. No other company does it. They dont need to make a rights request. When they request a sar, then you fulfil it. Not tell them to call again and raise a rights request.

 

But as we always say on here, we have to at least give you a chance to show your willingness to help people.

 

+1

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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Sorry I wasn't clear renegadeimp. Customers don't need to call back. Where an SAR is required, please ask for this and the advisor will raise a Customer Rights request there and then. This will go to the ring-fenced team I mentioned who will sort it out within the timeframe I've outlined. This will be quicker and cheaper than before GDPR came in.

 

Hope this explains a bit better renegadeimp and have a good weekend.

 

Malc

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SorryWhere an SAR is required, please ask for this and the advisor will raise a Customer Rights request there and then. This will go to the ring-fenced team I mentioned who will sort it out within the timeframe I've outlined.

Malc

 

That is part of the point.

 

A SAR is a legal request.

If you want to call it something else and confuse the issue, then that should be handled internally and nothing to do with requiring a customer to ask for a 'eon made up gobbledegook wording request'

 

1. Customer requires SAR.

2. Customer asks for SAR.

3. EON (or whoever) complies with SAR request.

 

How the heck is a customer supposed to know you want it worded a particular non standard way, and why should they either care or comply?

 

... and if you say or imply:

'because it will be quicker and cheaper'

which also carries the implication of

'if you do it our way it isnt really asking for a SAR as defined in law so doesn't really count'

- I WILL forward this to the ICO

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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Share on other sites

I am tempted to send this to the ICO, just get their view on this.

 

As always, corporations find a way to delay any just processes that are created to help consumers.

:roll:

Edited by dx100uk
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  • 4 weeks later...

pers info showing .attachment now hidden

and we require PDF uploads please so we can zoom easily

 

pre-school letter

totally safe to ignore

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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