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Everything posted by hillards

  1. Thanks for responding. I had a feeling we would not have any recourse against what can only be termed discrimination. There's no way she is going to get a credit card so will have to use a local firm who are only too happy to accept sight of her council tax bill and driving license, but costs 50% more. Thankfully it's a rare occasion she needs to hire, in this case it was due to a breakdown.
  2. Just want to check in and see if there is anything further that can be done. In mid February our car broke down, clutch went. So it was taken to the garage and left with them to order the bits and sort out. It meant the wife was without a car for a few days. She works as a home carer and needs a car to get round to her clients. She can't just take the days off as the company she works for is short staffed and it could mean elderly people going without a visit, so no food, medication or whatever. Anyway, she went online and booked a car with Enterprise. This was early on a Friday afternoon and she wanted it for Mon/Tue. They called her later that day, said she had been refused as they had done a search and she didn't have a big enough footprint with GBG ID3 Global, the company they use to verify people. Obviously this was very distressing. They told her she was not on the electoral roll and that she had failed because of this. On checking GBG's site it's correct, our household is opted out of the 'open register'. But she has had a letter from the council to confirm she is on the register. Enterprise don't want to know. We paid our mortgage off last year, she does not have store cards or any sort of credit as we don't want to be in debt as we approach retirement. Enterprise have said they will only hire a car to her if she gets a credit card... She has told them she does not want, or need, a credit card and it would be stupid to get one just to hire a car and get herself into debt that way, even if paid straight off. We've taken this complaint to the CEO, but it got passed back to an area manager who has fobbed us off. She feels discriminated against simply because she does not have credit. The GBG site says that the hire company should have asked for paper documents, but Enterprise say they no longer do this. She went to another company at the time, had to pay a lot more as they only had bigger cars, yet they accepted seeing her council tax bill and driving license quite happily. Needless to say, Enterprise have lost a customer. She had hired from them before with no problem and the attitude of the branch staff alone has put her off. As far as we can tell, GBG's data is probably correct so no need to SAR to see what they have on file if anything. It's Enterprise's policy to take this as the be all and end all that has caused all the upset. Is there anything we can do to redress this?
  3. So we sit tight now until we hear from Restons, one way or the other? They filed a N1 in August, we defended as SB. They've since turned up statements showing payments made up to Jan 2017, so we've lost that defence really. Step-daughter isn't much good at keeping track of things. She didn't realise it was the same thing. She had been paying off an old Beneficial Bank loan, claim was made as HFC, hence confusion. In the meantime, we played 'hunt the paperwork' by way of CCA request and a SAR to the bank. Both have complied. Not sure here what will happen now. Cabot & Restons have both suggested we withdraw the defence. As it's only a suggestion we've not taken them up on that.
  4. Attached is a PDF of the 8 page agreement plus the three letters they sent. Account numbers and identifiable information plus signatures all removed. cabot-to-CAG.pdf
  5. Ah, you want to see... I need to get paperwork from step-daughter and scan then. Obviously removing any personal details and account numbers. Will ask when I see her next.
  6. Sadly, yes. They have sent copies of the signed agreement. There are 8 pages of it incl T's & C's. Looks to be a file copy of the original, not reconstructed.
  7. Restons last communication was half a tree of paper and suggesting she looks to withdraw her defence as it was now clear who the account had been with and that there were transactions within the last 6 years. This is now visible in the form of the HSBC statements sent by Cabot showing payments were made as recent as Jan 2017. On what grounds are we now defending this? Originally it was that she didn't know what it was about, which bank/lender. They've got her statement, signed by her. She claimed stat barred but they've turned up statements showing payments.
  8. Ref #53 Letter from Cabot arrived. Now claiming 'enforceable' They have sent a copy of the agreement, same as they've supplied before, along with a couple of their letters. A current (Cabot) statement and one showing what legal fees were added by them. They have also managed to get a copy of a statement from HSBC, 6 pages of transactions. They say this now complies with the CCA request and they can obtain a county court judgement - contact Restons to arrange to pay....
  9. The area was left with green tarmac after buses stopped running from there 12 years and I can see on Google street view that it was just double yellows up to last year's images, the latest they have. The council have informed me, via my local councillor, that the bus stop was added quite recently. I have to agree that there is a thick yellow line at the kerb side and the 'bus stop' markings are there. Very difficult to miss in the rain, when parking between other vehicles that were there at the time. My local knowledge of over 20 years in the town was that no buses run down that street these days. I was totally unaware of the disability bus as these services have always stopped on the other side of the road. I will be going to take a good look at the area on Saturday. I will check for any plates showing restrictions etc. I just spoke to the council, and the man who arranged for the bus stop to be put there. There is no traffic order, they have not needed one since a change in regulations back in 2002. The area is defined as a 24/7 clearway bus stop and is marked up as such with the thick yellow markings. However, he has accepted that I may have a point about PSV against a community disability bus and the validity of the stop. He is unaware of any such restriction but will check and get back to me. He says that the reason the bus stop has been (re) created there is that the disability service has grown over the years and the vehicles were causing an obstruction where they had been stopping on the other side of the road. It has been there since September (-ish) 2018. He is also of the opinion that a bus is a vehicle set out as such with 8 or more seats and that there is no definition in the regulations relating to public service vehicles only. My point was that the disability buses are pre-booked, so not a 'public service'.
  10. Thanks for the info. It does go against what i read on the Police site re. the hours of operation though. I have contacted the council, rather convenient that the chap I need to speak to had left the office for the day and I need to call back. I'll see what the traffic order says. I am a disabled person with COPD and other ailments so try not to go out of the house unless I have to, hence using the wife's car to visit the dentist. I can copy the Google street view to show how it used to be, but would need to go back with a camera to show how it's marked out and any plates displaying information. At present I can't go to do that as the car is in the garage to have a new clutch fitted. I think the key to this is in your last sentence: "If it is indeed a bus stop, and you were there when it's in operation...". My concern is that it is not in operation as a bus stop at all but as a dropping off point for the community transport operator. I know check the traffic order... Waiting to get that.
  11. I had an appointment for dental treatment last week. I parked the car, with a blue badge and 'clock' correctly displayed, on the opposite side of the road. This is an area previously covered by double yellows and had, 12+ years ago, been a service bus stop. I am fully aware that no service buses have used this stop since the opening of a new Interchange down the road in 2006. It is a popular parking place for blue badge holders as it is a quiet stretch of road since the buses stopped running through there, other services with stands in the next street stopped using this area of town last year when a gap in the dual carriageway was plugged and traffic lights removed as part of other works taking place. But, the council have since marked out a 'Bus Stop' at one end of the parking area and claim this is for a community transport minibus for the disabled. These minibuses have run for some years now and my understanding was they went a different way, dropping off and picking up on the other side of the road to where I was parked. I contested the ticket. They've written to say no, I was parked in a bus stop and therefore have to pay. I disagree. I accept that they have marked out the 'Bus Stop' and put a thick solid yellow line against the kerb, which I didn't see when I parked between other vehicles already there as it was raining heavily. I have checked, this work has been done in the last year. I used Google street view to see how it was marked last year, just double yellows although the whole stretch had green tarmac. Before I appealed the ticket I checked with https://www.askthe.police.uk/content/Q388.htm and there is a single line which says under PLACES WHERE YOU CANNOT PARK, 'A bus stop during hours of operation;'. So as part of the 'informal appeal', as they term it, I had said "I have challenged (the council) to tell me the hours of operation for this stand". They have not supplied this information. I am not against the disabled persons bus service, being a blue badge holder myself, but I question the legality of the stand being there. It is not for service buses and therefore would not have 'hours of operation' in that respect, meaning I complied with the information I obtained from the Police website. The community transport service is pre-booked, so by definition not a 'public service' bus as we know them. The 'bus stop' is therefore not in use for service vehicles and I was parked there outside any known 'hours of operation'. But where do I get this sort of thing verified so I can make a formal request to the council for repayment of the PCN on the grounds I was parked legally ? I am paying it under protest as they double the amount if not paid within 14 days.
  12. Sorry, should have said... Yes, She got a car with the payment. 2nd hand mind. She was starting a new job where she needed a car and 'forgot' where the money came from...
  13. Seems she had claimed the PPI in 2015 ( https://www.consumeractiongroup.co.uk/forum/showthread.php?491649-Beneficial-Bank-PPI-claim-for-step-daughter ) so that's out of the picture now. Previous loans were also covered in the info they sent. Cabot sent the letter ( mentioned in #53 ) confirming unenforceable, but they'll let her know if the rest of the paperwork turns up and they can pursue it. Of course they will... More recently, Restons sent half a tree of copies of all correspondence with Cabot, including the last letter mentioned above. They say she may like to reconsider her defence, bearing in mind the enclosed documents confirming who the loan had been with. Well, bearing in mind they sent a copy of their client's letter saying it wasn't enforceable I've told her not to bother responding to that. Unless Cabot can find the missing paperwork it's stalemate at present. If Restons decide to go ahead with court the pile of paper they sent is pretty useless when we have the last letter from Cabot, their client. So I doubt they will. However, the matter has not been dismissed by them so it's still hanging around.
  14. SAR stuff came back. A lot to wade through but the outcome was that she had already reclaimed the PPI... I wasn't sure, I got all the paperwork for her in 2015, she couldn't remember if she had sent it off - but therte was a copy of it in the SAR pack. Ah well, end of this thread then.
  15. Ah, but they've recently supplied a copy of the agreement under a previous request to a DCA Thanks for reminding me that they've had their month in which to supply the SAR though - not our fault that they've taken a few days off recently.
  16. Step-daughter had a loan with Beneficial Bank back in 2006. Part of it was to repay a previous loan too, so two PPI claims to be made - maybe more. Have just sent SAR to HFC Bank in Coventry to see what they can tell us. We have a copy of the 2006 agreement, detailing the loan, repayment of previous account and PPI.
  17. OK, checked. The FOS paperwork was never sent off. Can't remember why. Will send a SAR and see what comes back.
  18. Yep, will do as soon as I have the paperwork here to work from. I agree it would be 'beneficial' to send a SAR Edit: Just putting info together and went to file the document I created, to find that I gave her a FOS questionnaire in May 2014 for this account.. . She's away at present so will ask her what happened to that when I see her.
  19. Letter from Cabot arrived, along with a copy of the original agreement and terms. 8 pages and confirms PPI was added. APR of 36.9% PA , ouch, I didn't know about that at the time. It shows the total amount repayable, over 60 months, was double the amount(s) for each purpose. Part cash, part repaying a previous account and part PPI. 'Unfortunately, it appears that HFC are unable to provide all the requested documentation at this time. If at any stage the documents become available, we will forward these to you and the account will become enforceable once more if received within the relevant limitation period.' and goes on to say 'Although your account is currently unenforceable, the balance remains payable and due...' As the word unenforceable was used, twice, we will just file this for now and await some sort of follow-up from Restons.
  20. Good job I've not mentioned the possibility of a PPI claim to her then
  21. PM sent as requested. She's at work now so I can't ask her about anything else. Interesting that there may be a PPI claim to make
  22. She had a loan account many years ago with Beneficial Bank PLC. She does not think she ever heard about them changing name or being merged etc. Does not have paperwork any more as she 'lost it' when she stopped paying via CCCS, and that would have been a long time ago. At some point she had a 'demand' (as she put it) to pay 'something' so she started paying £20 a month, she cannot recall the DCA involved or what it was for. She had bank problems in early 2017 and it seems that any standing order was dropped. She does not think the amount was anything like half of what is being asked for now. I guess there are a lot of fees and charges added along the way. I reckon she's right to ask Restons for documentation as she does not connect the old account with Beneficial to HFC. Also that she would dispute the amount, she has no knowledge of the various fees added and what they are for. Yes, she's a bit of a scatterbrain when it comes to things like this. I have a feeling she will have had some sort of paperwork at one time but no longer has anything. I can only act as go-between really. I don't know anything myself, I have to ask her and the answers are not always forthcoming...
  23. Step-daughter has had standard letters from Cabot & Restons following filing the defence. Cabot don't have the CCA but have requested a copy, usual 12 weeks etc. Restons say she would have been provided with all documents requested during the lifetime of the account. Within their waffle they say that the POC "...contains sufficient information in order for you to understand what the claim relates to, namely:" and in the list there is "d) the name of the original creditor...". THey claim that to be HFC Bank. Step-daughter has never had an account with HFC Bank. She had an account with a totally different company, as far as she is concerned. She know nothing of a debt to HFC Bank. Waiting for them to decide what to do next...
  24. It was as post #36 with the dates and details changed to suit. I don't have it here, step-daughter rang the changes in a text file I gave her and did the MCOL stuff herself.
  25. Yes, my boo-boo, it was the defence. Not good here, have lapses.
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