Subscribing - I'm 2 weeks behind in the same process

Hi cymruambyth, Thanks for the reply. Yes, I have acknowleged service and I have worked out I have until the 12th March to enter my defence (claim dated 8th Feb). I guess I just wait for a week to see what - if any - response I get from Hegartys.

Hi, long time member, infrequent poster. Looking for some guidance as I have received today a court claim as below, After reading up on here about Acknowledging Service and CPR procedures, I have acknowledged service online and requested the following from Hegarty under CPR 31.14, 1 the agreement relating to Personal Loan Account number AAAAAAA. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2 the assignment from Secure Trust Bank plc to your client 3 the Notice of Assignment sent to the defendant by your client 4 documentation showing compliance by your client with Section III and IV and Annnex B of the PD Pre-Action Conduct I have also sent a SAR to Secure Trust. Can anyone advise what the next thing(s) I should do are?

Thanks for your comments. I have decided not to pursue this flat. Legal or not, I don't think it's worth the risk if the tiles were to catch fire.

Hi, I'm looking at rental flats currently and have viewed one with polystyrene ceiling tiles in many of the rooms. After some research I have obviously confirmed that they can be a fire / health and safety risk, but are they illegal? The flat is self contained (not a HMO as I believe they have more stringent rules enforced). All comments appreciated.

Thanks BB, I thought I read on here that the right to cancel didn't apply if signed on business premises, however I don't know if this agreement was!! DD

Thanks BB, I was rather surprised that they refer to it as 'my agreement' and 'my account' when I have asked for proof that it is !! Can you point towards any faults with the 'agreement' they have sent me - obviosly the fact that the T&C have no identifiable references to the first page - but anything else? Many thanks for looking in on my thread. DD

Hi All, Looking for some guidance regarding letters and calls I have received from Robinson Way. I have sent the bemused letter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt and added on the 'no phone calls' and 'no doorstep visit'. Thankfully since then they have stopped calling me (never talked to them on the phone anyway). Since then RW have written twice to advise that my account is on a delay until they obtain a copy of my agreement and statement of account. I have now received a third letter requesting my proposals for settlement of my account within 10 days, enclosing two A4 pages of an agreement, page 1 (with hole-punch markings on the photocopy) details a loan with contact / bank details, APR etc, page 2 is some T&C presumably meant to relate to page 1. I would appreciate any advice on the next steps I should / could take. RW cover letter.pdf RW P1.pdf RW P2.pdf

Hi Foghorn, You may want to blank out the PCN number from the images. The PCN appears to me to be valid. Someone with more knowledge may suggest investigating the TRO Traffic Regulation Order to see if that is valid (I don't know myself if TRO's cover carparks,you may need to search the forum to clarify this point).

Yes, I guess your right really, it's just annoying that they are probably still issuing invalid PCN's around here with credit card surcharges. I'll let sleeping dogs lie, and leave it to time bar.

Hi Foghorn, From what I've read on this forum, the date served is valid in place of date issued, and as there is a date of contravention I would say the PCN is valid from the point of view regarding dates. The envelope warning about removal or interfering is also valid I believe, as it is there to try to ensure the driver or RK actually get the PCN that has been affixed to the windscreen, and not removed by anyone just walking past. If you scan your PCN, both front and back and post a link to the image (photobucket or similar) then someone may be able to confirm whether the issued PCN is flawed. You could appeal to the council's 'good will' explaining that you were delayed at work, therefore unable to pay for the extra time (written statement signed by your boss on work letterheaded paper stating you were delayed past 16:00),however I wouldn't hold out much chance that they would cancel the PCN. Note, if you knew you would not be returning until after 16:00 then you should have been able to pay for the extra hour in the morning (ticket machine should have accepted payment - say for 1hr parking and added the time from 16:00 - making the ticket valid from 16:00 to 17:00). If you informally challenge the PCN, I believe that the council normally allow an additional 14 days (after rejection letter) to make payment at the reduced rate (£25.00). If you still wish to challenge at this point, you must wait for the NTO and then formally challenge (if rejected the fine then increases to £50.00). I am currently waiting the NTO which I will formally appeal due to a credit charge surcharge that I believe makes the PCN invalid.

Thanks G&M and buzby, I don't intend to move / sell car, however just wanted to 'cover all bases' as such. I will probably leave it as is for a month or so, then if I still haven't heard anything I may contact the local council to see if I can get something in writting stating they are not pursuing the PCN.

Thanks for the reply buzby, Guess I'll just have to wait then. What happens if I was to move / sell the car and update the details with DVLA? Do you think they will issue the NTO straight after getting the owner details from DVLA, or get owner details and then hold onto them until a later date?

Hi, Not meaning to but in, but here goes, I had my informal appeal against a PCN issued on 19th August rejected by local council on 1st September. Now I still haven't received the NTO.. Is there any time-scale for the council to issue the NTO? Should I contact them (phone or writing only?) to enquire if they have already / intend to issue the NTO, or have dropped the PCN charge without informing me? Many Thanks DD

Thanks for the responses, I am going to wait for the NTO and formally challenge at that point.

Hi, Update on my PCN, I challenged (on grounds of unenforceable credit card surcharge) my PCN within the 14 day reduced rate, then received a letter acknowledging my challenge and stating they are considering my case, I will also have 14 days (from unsuccessfull challenge letter) to pay at reduced rate if they decline my challenge. Today I received a letter thanking me for "bringing the matter of the surcharge for making payments by credit card" to their attention. The letter goes on to say that there are various other ways to pay the PCN at the reduced rate without incurring the CC surcharge. I'm not sure if the fact payment can be made without surcharge puts me in a weaker position if I were to formally appeal after the NTO / go to the TPT. I know the English example case states "What the Council may not do, however, is add a surcharge on payments made by credit card. That would amount to an unlawful increase of the amount that may be charged by way of penalty. The Council has no power to demand the payment of any extra charges of this nature.", however I am unclear if this alone would be enough to base an appeal on. The letter states if I wish to make further representations against the issue of the PCN, I should wait until the NTO docs are sent to the registered keeper (which is me anyway). The letter doesn't actually state they have rejected my informal challenge, however I presume that to be the case. The website payment system still quotes a 1.5% surcharge (will be keeping screen-shots, just in-case. Don't know if they are going to change policy regarding CC surcharges, or just ride this out?). I'm looking for reassurance that I am still in a strong position regarding the challenge. Does anyone know if this is just standard type rejection tactics, hoping I'll pay, not wanting to open the floodgates for others to challenge their PCN's issued by the local CEO's. Or perhaps they feel they have a good case if it were to go past formal challenge to the TPT??

Many thanks for your reply G&M, So to summarise, I can appeal this PCN due to CC surcharges (1.5% in my case) as per 3 examples Title: BFS Group Ltd -v- London Borough of Kingston-upon-Thames Subject: Notification of on council website; Penalty, payment; Credit card surcharge; Date: Tuesday, 23rd June 2009 Title: Daskalova -v- London Borough of Camden Subject: Credit card surcharge; Penalty, payment; Date: Tuesday, 23rd June 2009 Title: London General Transport Services Ltd -v- London Borough of Camden Subject: Penalty, payment; Credit card surcharge; Date: Monday, 1st June 2009

Hi, Received a PCN the other day, been reading through the thread(s) since - interesting reading. Can anyone advise if I can challenge the validity of the PCN issued for parking on DYL by local council CEO. http://img6.imageshack.us/img6/6120/pcnfrontg.jpg http://img22.imageshack.us/img22/9260/pcnback.jpg My thoughts are based on the grounds that the payments instructions / address are not clear and not totally part of the PCN, but on the detachable payment slip at the bottom. Also the car tax expiry date is 10 years out (should be 2010). I understand that this isn't a requirement for the PCN, but as it is entered, and not open to interpritation (like colour could be), can this inaccuracy by part of any appeal? Thanks for looking,

Feeling very wanted now... Received in the post today, I have been specially chosen to apply for a Capital One Visa Card... credit limit between £100 and £2,500... I can choose my own card design... ONLY 34.9% APR typical:eek:. Don't think I'll return the application, even at their competitive rate:rolleyes:

Hi Maz, Best of luck in your journey with FOS, Update, S.A.R. request signed for yesterday, 40 days and counting now, 30th December for them to reply by.

Hi Maz, Your agreement, although 6 months older, is obviously in a different format to mine (how many different formats/changes have they gone through I wonder). As Rory says, if it's not legible, it's not enforceable, your' scan is a bit small to read, mine is legible (wouldn't like to argue it wasn't in court!!). Update, Posted S.A.R. request yesterday via RD. Wait and see what they supply now, check all charges.

Thanks for the quick reply Rory, I will post of a S.A.R. tomorrow, the second one at Subject Access Request - Consumer Wiki Your right I guess that they will just keep adding interest and charges even if I mark the letter as account in dispute. Regarding the contractual interest to add to the charges I end up disputing, is that the current %age, or the %age relevant at the time the original charge was made?

Many thanks for your view on the CCA, I will post a S.A.R. request by RD tomorrow, see what I can claim back in charges. Just to clarify, is it 40 working days, or calendar days from receipt of my S.A.R. for them to reply? Is there any was to put the account in dispute again, to stop further charges and interest that MBNA /Virgin will add at the end of the month? Do I need to dispute the actual charges exactly (i.e. wait for my S.A.R. to be fulfilled) or can I write to dispute the charges in general? Thanks

Hi Rory, Thanks for your patience with me, not sure if this will work, I will insert the CCA in the thread, Also PM'd you, hope this is OK Many thanks for anyone's opinion on the enforceability of my CCA document.

Sorry about that, try this link, I hope it's a bit clearer b8b793f5.jpg - Image - Photobucket - Video and Image Hosting