Jump to content

Showing results for tags 'rejected'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Helpful Organisations
    • The Bear Garden – for off-topic chat
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV/Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - Please register
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
    • Non-Retail subforums
    • Retail Subforums
  • Work, Social and Community
    • Work, Social and Community Subforums:
  • Debt problems - including homes/ mortgages, PayDay Loans
    • Debt subforums:
    • PayDay loan and other Short Term Loans subforum:
  • Motoring
    • Motoring subforums
  • Legal Forums
    • Legal Issues subforums

Categories

  • News from the National Consumer Service
  • News from the Web

Blogs

  • A Say in the Life of .....
  • Debt Diaries

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location

  1. Sent a claim for PPI on EGG credit card : had paperwork as I had sent a SAR request. Statute barred debt £6k. Reasons given are several and it's their final response. Application was March 2002. They say the CRP policy box was not pre-ticked (online application) They say I was fully informed and it was my decision to take it and it was up to me to decide if suitable for my needs? and that the policy document would have been supplied to me which would have explained everything many thanks the letter was dated 14th September : received 17th September Is it worth sending to FOS.
  2. Hi Just after some good advice if anyone can help. I received a PCN about 2 weeks ago for parking in a street with temporary restrictions. The town is Tenby in SW Wales and an Ironman event was going on. I challenged the PCN on the basis that to me, there appeared to be no restrictions in place where I parked. There were no yellow lines anywhere near my vehicle and although there were temporary yellow signs strapped to lampposts, the nearest one was around 50 yards from my car and I was not between any of them. I took photos and supplied them with my challenge. The challenge has been rejected. Have I got any grounds to appeal this? Its only a £35 fine if I pay within about 2 weeks. An extract from the challenge rejection letter says: "I note from your letter you say you had ensured you had parked where there were no restrictions. I also note you say you di not park on yellow lines. I also note you say the nearest sign showing a restriction was 50 yards away. However, the restriction was clearly shown throughout the area, (please see attached photograph). It is the driver’s responsibility to ensure that they check for signage and are aware of restrictions before leaving their vehicle. Unfortunately your reasons are therefore not accepted as grounds for cancellation of the Penalty Charge Notice." The photo that they have sent me is attached. The vehicle in the photo is not mine and this sign must have been at least 50 yards from my car.
  3. Hi All, I had applied for TE7/TE9 application recently for out of time witness statement towards a PCN, which got rejected. I intend to file N244 for a review of the decision and needed advice in relation to it, which will be much appreciated. Overall issue- -> 2 PCN from London Borough of Redbridge with contravention date 10th and 12th Feb 2015. -> As per claimant witness statement for both the PCN - NTO 18th FEb 2015 - CC on 24th Mar 2015 - OR/WS on 15th April 2015 - WoC on 28th May 2015 - SD out of time on 19th Aug (1 day before it I got to know about it from enforcement agency Confero and applied for TE7/9) -> Moved to new house on 14th Feb and applied for DVLA address change . DVLA updated it on 25th Feb 2015. Detail Event I am starting with the order of events in chronological order best to my recollection towards it before I present my queries. . 18th August, 2015 1. I received two letters from ‘Confero Collection’ heading Notice of Enforcement in the evening. Letter 1 Issue Date – 13 August,2015 Payment Due Date - 25th August 2015 Money Owing to – London Borough of Redbridge(LBR) Amount – Debt - £ 172 ,Compliance Stage Fee - £75 = Total £247 Letter 2 Issue Date – 13 August,2015 Payment Due Date - 25th August 2015 Money Owing to – London Borough of Redbridge(LBR) Amount – Debt - £ 172, Compliance Stage Fee - £75 = Total £247 19th August, 2015 2. I called up Confero in the morning asking what the notice is about. The Lady on the phone said it’s towards the two PCN for which I owe debt to LBR and helped me to view the CCTV image of the same from the Redbridge website. Before I could explain or contest on it, she told me I have to call up LBR council in regards to it. 3. After speaking to Confero I tried calling to LBR and manage to get the right person around lunch time. I mentioned the two PCN no# and tried to explain the situation towards it. The person explained he cannot do anything or help me out as the matter is in the county court and I have to get in touch with TEC to get it off from court proceedings before they can here any of my contestation and suggested that I should do it right away. 4. Then after having lunch I tried calling TEC and after repeated attempt manage to get somebody over phone. I explained the situation and gave the two PCN no# and she said I have to file TE7/TE9 (which she emailed me later after the call )separately for each PCN and email it back to them .Once they receive the correct application, and if its before1600 hrs, then it will be processed and notify LBR the same day. After which I will have to wait for the decision. [My understanding after the call was that was once they receive the correct application it will be off court proceeding and decision will be on the PCN. So I intended to call LBR next day to talk on the PCN and explain my situation before they make the decision.] 5. After the above call I got the TE7/TE9 form from TEC, which I filled up correctly for both PCN. In TE9 My declaration was - I did not receive the Notice to Owner /Penalty Charge Notice For TE7 I didn’t paid much thought on reason when I was filling it and gave below explanation, which at that time was the reason for filing it. I was in rush to apply the application so that they receive it before 1600 to get the whole thing off from the Bailiff’s involvement. “I did not receive any communication on this until 18th August 2015 (from enforcement agent). I need additional time so that I can discuss this with Redbridge Council.” [Which I regretted later for not providing full details] 20th August, 2015 6. I called up LBR in the late morning to check if they have received any communication from TEC and then explain the situation on the two PCN itself. The Lady over the phone confirmed receiving the fax from TEC on TE7/TE9 for both the PCN. But said she cannot do anything towards the PCN and I have to wait till LBR makes a decision on the application that I filed with TEC. Then I told her that I am confused as I thought whole thing I did was to discuss about the PCN itself with LBR and any further explanation went in vain. Towards the end of the call she said she will be informing the Enforcement Agency (Confero) to hold the enforcement action till further notice from LBR, when I asked about it. 4th September, 2015 7. I received two letters from LBR towards two TEC applications that I filed in regard to two PCN. Both the letter explained the council wishes to oppose the Out of time Statutory Declaration The letter also included document heading “Witness Statement of Claimant: London Borough Redbridge”. Letter 1 (1st PCN) Dated – 26 August, 2015 Contravention Date – 12th February 2015 – PCN issued from CCTV 18th Feb 2015 – PCN was sent to respondent by 1st class post. No representation or payment received. 24th Mar 2015 – Charge Certificate was sent to respondent by 1st class post. No representation or payment received. 15th April 2015 – Order Recovery/witness statement Notice was sent to respondent by 1st class post. No representation or payment received. 28th May 2015 – Warrant of Control was issued to Enforcement Agent 19th August 2015 – a faxed copy of respondents out of time Statutory Declaration received from TEC. The letter included the details of what they advised me over the phone and the reason to decline it is as below:- “The statutory declaration was made from different address than to the address PCN was issued and respondent has given no indication in the statement that they have moved or to confirm they have their mail redirected. Therefore respondent didn’t take adequate measure to notify DVLA or have their mail redirected. “ Letter 2 (2nd PCN) This is exactly same as above except the contravention date – 10th Feb 2015 [i moved to new address on 14th February 2015 evening and applied for address change to DVLA on next working for both Driving license and Vehicle logbook. The new logbook that I received later has updated entry as of 25th February 2015. So DVLA should have the new address from 25th February 2015. Regarding mail redirection, I did not do it as I had applied and got the address changed for bank a/c, utility…etc over phone and wasn’t expecting any letter. ] 7th September, 2015 10. I called up LBR in regards to the letter received above on 4th September 2015 and explained the DVLA address change dates to see if they will listen to me and change their decision before they notify TEC of their decision . It seemed it was the same lady from LBR I spoke on 20th August 2015 but was disappointed to find her persistence on the fact that it’s my mistake that I had not set up the mail redirection and didn’t listen to any of my explanation . She confirmed towards the end of the call that they are going to decline it and I cannot do anything to change their decision. 10th September, 2015 11. I received two letters from TEC in regards to my TE7/9 applications. The letter is dated 7 September 2015, pretty much with same standard response format that I see here in the forum, that’s it’s refused and I have 14 days to file a review through N244. I needed some advice on the mail redirection part , can that be viewed by district judge as negative aspect in reconsidering the appeal .Does it mean it can be used for legal argument. :Thanks
  4. Good Morning All, My dad took out a couple of loans and credit cards in the early 1990s with TSB (Later part of Lloyds). He was advised at the time that he could not take out the products unless he also took out PPI. He did not need the PPI as at the time he had a very good job which had an excellent sick pay/redundancy policy. He recently tried to claim this PPI back through a claim company. The claim company were eventually sent a Data Subject Access Request showing basic details of the accounts my Dad held with the TSB. Lloyds (TSB) claim that my Dad did not have PPI on any of the loans or credit cards. He knows that he did but has no way of proving otherwise. The Loans and CCs were taken out so long ago he has no proof. The claim company have since sent him a letter along with a copy of the DSAR stating that they have rescinded their contract with him. My first question is this, where does my dad go from here. He knows he was mis-sold PPI but has no way of proving this. Secondly, If there is a way of proceeding and he was successful in his claim, can the Claim company demand any of this money from him? Thank you so very much to anyone that takes the time to respond to this post. My Dad and I will be most grateful for any advice.
  5. Hi all, It would be literally life changing if you can help with this one! Last year I checked my credit file and found I had a CCJ. The claimant was the managing agents for a flat I owned, the amount £1314 and it was registered in November 2012. Being a bit worried about the word CCJ I paid it immediately (Dec '14) and then set about investigating it. It turned out that despite notifying them of a change in correspondence address (I moved out and tenant moved in), they had been writing to the flat to notify me that my standing order for ground rent wasn't set up properly (I think after changing bank accounts). The tenant, I'm sure thinking he was being helpful, kept my post safe for me until he moved out!! The pile was nearly 1m high when I eventually reclaimed it! After a bit of internet investigation I figured I had grounds to have the Judgement Set Aside by Consent - I spoke to the claimant and they agreed to have it set aside they got their solicitors to issue a "Consent Order". I sent this with the correct forms and my own explanation of events to the courts along with £50. After 10 days or so I received a letter back from the courts telling me that my application had been rejected as the judge felt my application amounted to "credit repair". It went on to say that the judgement was paid and would be marked satisfied on my credit file. Fair enough I thought... That was until I recently applied for a mortgage and the underwriter informed me that I was "out of policy" until the debt had been cleared for at least 3 years. You can imagine how frustrated I am now with hindsight that the judge had felt it necessary to reject my application. Why would ANYONE want a judgement set aside if it wasn't to repair or reset their credit?! Surely he should of considered the facts rather than base his decision on opinion?! I paid a debt as soon as I found out about it and I've ended up with a 3 year sentence - you'd get as much for aggravated assault! I've spoken to the court again and despite it being longer than 7 days, I can apparently fill in a different form and send another £50 to appeal the judgement. My question, albeit a little long-winded, is: what chance have I got of winning an appeal? I don't want to throw another £50 at this and end up with the same result BUT if I knew I could get it set aside, I'd happily pay a hell of a lot more! If someone thinks they might be able to help, I'd happily pass on any documentation I have. Thanks.
  6. Hi I am at the stage of appealing to POPLA but need some advice. On the 14th August I received via post an invoice from Park direct issued 11th August. I have a newborn and he had been sick so I briefly parked in a residential car park and sat in the back seat to attend to him. I stayed in the car park for less than 5 mins and did not exit the vehicle. The invoice stated that I must pay £100 reduced to £60 if I paid within 14 days. I replied back on the 17th stating I should not pay this invoice as I did not enter any contract as I did not leave the vehicle and with a newborn why would I leave the car without him and I would not have had any time to read any signs. In doing so they maintain upon immediately entering the car park whether I have read the signs or not, I have entered into a contract with them. There are pictures taken of my vehicle which are less than 5 mins apart and at a bit of a distance. Park direct maintain the vehicle was empty and the photos prove this but I was in the car and bent over to attend to my son. I think they did a sneaky job and took photos where I was in the back seat leaning over him! This makes me so angry!! I also asked them to show me how the invoice for £100 was justifiable and how I was causing an inconvenience (all bays were empty at this point). They quoted Beavis vs parking eye and did not provide a breakdown which I had requested showing me any losses or how they arrived at that amount. I lastly asked to see the contract between the landlord and themselves which give authority that they can issue invoices and they refused on the ground they are under no legal obligation to do so. They did provide a POPLA appeal number which I asked for and also urged me to pay right away. I did return to the scene to check. The nearest sign to me was about 15 metres away although visible but was in the bushes. It is more of a warning sign but does not issue terms and conditions of parking, other than no stopping or waiting without a permit or you will be fined. I was always under the impression that private operators usually give more lengthy terms and conditions? The way the sign was situated, one could assume it was for the car park next to the one I was in as all the bays in the area I had parked in had a "V" painted on the bay, so is it right to assume this is a visitor bay? I want to appeal to POPLA as I don't think that this is right! How should I go about it? Any advice would be greatfully received.
  7. Hi guys... here is my situation... I work for a charity in London on a beautiful summer's day (15th July 2015) we had to offload 1,500 cakes to be delivered to donors across the city to raise money for our charitable cause. Our volunteers are our delivery agents that go door2door personally delivering these cakes. We decided to meet at a retail car park, which was dead quiet that afternoon, to quickly unload the cakes from our van onto the volunteers' cars. However due to severe delays in traffic that day the van arrived 2 hours late. However the volunteers that arrived on time stayed in the car park waiting for the van to arrive. As a result 5 of our volunteer drivers received Parking Charge Notices in the post (ANPR) from Highview Parking for overstaying in the car park. On 5th of August I provided an appeal letter to the drivers to appeal (Attached "Parking-Challenge-Cakes4Syria Drivers_05-08-15.pdf"). All 5 of them sent the appeals. On 20th August they were sent letters rejecting their appeals. Rejection letter attached "IMG-20150824-WA0005_V2.jpg" From researching around the net, the most common advise seems to be to ignore their threats and let it go away. However, because these are young volunteers, never been on the wrong side of the law, they are too scared of the alleged consequences and would prefer it to be formally resolved. Help and guidance on the next step would be gratefully appreciated.
  8. Allegedly I drove into the bus lane in august 2014, twice. Bmth Council have sent PCNs and all corespondense to my old address. I moved to the new address in january 14. My oversight was to notify driving licence department of DVLA and presume they will share information with vegicle registration people.. . I letter has been delivered to my on 04/08/15 by the new owner of my old address. Its from Equita. They have been trying to reposess my car for the debt of £579. Since them I have been in touch with Bournemouth Council and TEC, Filled out and sent PC2 and PC3 forms. However, Bournemouth Council is requesting for my application to be rejected on the ground that the correspondence they sent was never returned as undelivered so I had plenty of time and opportunity to reply to them. I believe now both parties are waiting for resolution by TEC. Is there anything else I can do?
  9. I have been reading through the threads and I couldn't see anything to answer the current predicament I am in. I moved in as a new tenant on the 30th January 2015 and setup gas and electric with scottish power through a company (tenant Shop) who was given my details through the lettings agency. Scottish power setup electric and gas (or so I thought) through direct debit and then all was in place till about one month ago when we had a visit from MeterPlus who are partnered with Npower looking for a Mr Patel (previous tenant). He was informed that he no longer lives here and that was the end of it till yesterday morning when I heard some rattling outside they had returned and changed my meter to a prepayment meter and were unable to change it back unless I contacted Npower. After speaking to the reps (Npower) he said we received two requests from Scottish power and both were rejected on the grounds that debt was owed but, because the debt on the gas was apparently less they allowed that to be changed to Scottish Power but left the electric and continued to supply it until today. I explained I am a new tenant and had setup a connection with Scottish Power for electric and gas and I am not the previous tenant but they said I needed to inform them that I was a new tenant and now I need to pay the bills accrued for the last 6-MONTHS even though I never requested this from them and neither did they have authorisation from me. I have already spoken to members of their department and management team and filed a complaint due to their lack of communication and apparently not knowing I moved in as a new tenant even though their representative was informed and they accepted the application for changeover to gas but not electric. Based on this scenario my question is 1. Am I liable to pay this 6-month bill which has been accrued due to Npower assuming I am the original tenant and subsequently kept supplying me until yesterday when they changed it to a prepayment meter 2. They are requesting a meter reading from when I moved in if I am unable to provide it what is the next step to get an accurate bill (if I am liable) 3. Can I take any legal action against them for their clear failings to investigate thoroughly follow information through and for the unecessary time wasted and harrassment to me and my family. Any info would be greatly appreciated Thank you in advance
  10. Hi there, I am new to this and would kindly welcome some advice if anyone could help? I'll keep it brief and to the point. Work for global corporation, my head office based in UK. Employed by this company for nine years, no complaints at all. Had various directors, regional managers and line managers over these 9 years. Company was restructured late December 2014, I inherited a different regional manager and line manager in January (both who work in a different division and have no knowledge of the job I do, regional manger been there for at least 7 years, line manager only promoted to line manager in January 2015, previously same job spec as mine only different division). Was given a complete new territory in January unannounced (had been consultant for a different territory for over three years and built up good trust and sales with these customers). Regardless, went out and done my job, hit my sales target in January despite the whole territory being new. Two weeks into February had a conversation with my new line manager who was enquiring why the mood was so low in our team ( a team of ten consultants) and I had offered a suggestion that "maybe the constant negativity wasn't helping" . I said this as we had all received a barrage of negative emails and phonecalls from said line manager, and everyone was moaning about it, seen as we were a new team that had been put together in January, me being the longest serving employee out of the whole team said what I said. The day after, at 7.30pm I received a friendly txt from line manager asking if I could meet him the following day to have a chat about figures, I agreed as didn't think anything of it, went to the meeting location the next day, was invited into a room by line manager, next thing regional manager walks in (unannounced) asks me "do you know what youre here for" when I replied "it was my understanding I was here to have a chat about figures with line manager, he said "no, youre going to pick your way to leave this company". He said "you can either resign, or I will make your life hell and make you leave". You have until Tuesday the following week to decide. I told him after a barrage of abuse from him, I wasn't resigning. The next morning the abuse continued, wont go into detail just now but will if anyone wants to know the details, just want to get the main points out just now. The next day I met with HR as I was disgusted at what had happened and told HR everything that had been said and proposed etc. HR (after hearing my side of the story), two days later, they wrote back saying they had spoke to both concerned and that they had all agreed that they would all meet with me to have a discussion. I was horrified at this, I had been duped into a meeting were it was a 2 vs 1 scenario, no witnesses, was totally bullied and intimidated, no witnesses, and HR wanted me to meet with them again under the same set up, ( HR are supposed to be impartial but in our company they are not). Before this week came around I was that ill after the original meeting, had nearly crashed my car on a busy motorway after suffering a severe panic attack, more followed, that my GP signed me off work and prescribed anti anxiety medication. To cut a long story short, I raised a grievance, it was heard by same HR I had spoken to initially and another manager who offered me a "new position" when accompanying me down in the lift out of the meeting room once the grievance had been heard, I said nothing. It took them 5 months to conclude the grievance stating time out of office and work commitments. When the notes came out it was clear that both managers had colluded, also my notes were missing, when I asked about these, they then sent a diluted version of my notes, when I asked them that I wished them to be amended to what I actually said, they thanked me for the ammendum but stated it wouldn't change anything. They also added parts to my grievance which were not included, to absolve themselves I guess. My post was on a recruitment site straight after (I know this is not against the law but trying to give an insight). None of it was upheld. The two investigating, made the conclusion. In between the grievance conclusion and me stating I wished to appeal, the person I raised the grievance about was promoted. The Grievance appeal was heard by same HR person and finance director, was cut short as they had a flight to catch. I was then sent the notes of said meeting, it was so heavily diluted that anyone who didn't know about it would have a hard time working out what all of the fuss was about, my witness emailed their notes, after that, although a conclusion was promised by the end of last week, straight after my witness submitted their notes I received a "without prejudice" email asking me to accept a paltry amount of money. I would gratefully accept any advice on what to do next, if anyone has any questions please ask, I just tried to keep this post short (ish) and to the point. Thanking you all in advance.
  11. Hi all. I`m trying to reclaim £3807 from mis sold ppi insurance for my husband. The basic details are; 1. Single policy ppi 173.33 + 150 "healthcare" on a loan of 500 21.5.03 2. Single policy ppi 330.32 + 150 healthcare on a loan of 500 + 746 used to settle loan 1 6.10.03 3. Single policy ppi 759.25 + 150 healthcare on a loan of 1000 + 1282 used to settle loan 2 19.8.04 Welcome have said that they do not feel the ppi was miss sold and I have the letter with their reasons why. We are now planning on making a complaint to the FOS but am worried that this will also get rejected. Can anyone help? I have all the copies of the paperwork from welcome and the questionnaire we completed with our reasons why we felt it was mis sold.
  12. I took out £200 loan with wage advance just after Xmas. My monthly payments are £72 approx. I telephoned today to offer a full and final settlement and my offer was declined because not in arrears. I explained my circumstances have changed. The only offer they made was to force it into arrears and redo an affordability assessment and then make 6 payments . Every payment made is interest only the final payment is the loan amount plus interest (£272). Any advice appreciated
  13. Hi, We parked in an SIP car park in Manchester but, because we parked in a really narrow spot, I put the parking ticket in the back window (the one facing outwards) so the attendant would be able to see it properly but they gave me a PCN anyway and said it was because my ticket was not displayed. I wrote and complained that I had a valid ticket (which I sent them as proof) and that I had displayed it in the back of my car (and told them why) but they rejected my claims and still want me to pay the fine. What should I do? The PCN was also issued at 7.52pm and the car park became free at 8.00pm so a £100 fine seems a little extortionate too! Thanks
  14. Hi HSBC have rejected a credit card PPI claim, stating that '....the policy document explained how the policy worked together with the claims procedure and the exclusions that applied... .....I also wish to bring to your attention that the Credit Agreement Form was completed and signed by you. Your separate signature requesting the CRP confirmed that you were aware that it was optional and that you had a period in which you had the right to cancel if you were dissatified with the cover.' They have enclosed a copy of the Credit Card form that I signed. I just wondered if there were any further steps I could take wth this, or is it the end of the road? Thanks
  15. Hello I parked in a local shopping centre car park and went to the library and shops. The parking was 3 hours for free. I went to leave before this time was up and noticed a new store round the back and went to have a look. The car park seemed to be a separate one so I thought it would be OK and stayed a bit longer. I received a Parking Charge Notice from ParkingEye in the post 2 weeks later saying I had overstayed by 33 minutes and was charged £100 or £60 if paid in 14 days. By the time I received it there were only 7 days left. I sent in an appeal and it was rejected by post which I received yesterday. My appeal was based on the following: (I sent it as the registered keeper and not driver but did not point it out specifically): The car was not improperly parked. I asked for evidence of where the car was between the times mentioned. Inadequate signage. Photos enclosed of the second car park with no signs visible in half of it. Unreasonable and disproportionate terms. £100 is not a realistic prediction of loss. Unethical use of ANPR (an unreasonable and disproportionate response to parking management) as per theInformation Commissioners's Office 2013 Data Protection Code of Practice for CCTV. It's a poor area and the shops there are mostly discount stores.P { margin-bottom: 0.21cm; direction: ltr; color: rgb(0, 0, 0); }P.western { font-family: "Liberation Serif","Times New Roman",serif; font-size: 12pt; }P.cjk { font-family: "DejaVu Sans"; font-size: 12pt; }P.ctl { font-family: "Lohit Hindi"; font-size: 12pt;* I am aware of my rights under the Citizen's Harassment Act 1997. Any more letters from them will be kept in evidence of harassment. I also sent evidence of purchase from one of the shops in the the form of a till receipt I sent a copy to the local councils and local MP. The MP said "It is difficult for us to give advice on parking fines, but we do believe that it may not be possible to enforce a parking fine when it is given for a parking infringement on private land. We aren’t totally sure about this so can’t definitely say it is the case, but that does seem to be what the situation is." The response from ParkingEye was: "You have provided evidence of purchase. However, please be adivised that this did not meet the discretionary criteria set by the landowner in this case. We are therefore writing to advise you that your recent appeal has been unsuccessful. This is because you have not provided sufficient evidence to show that you did not break the terms and conditions on the signage." The sent the POPLA form and "as a gesture of good will" have further extended the "discount" period another 14 days, half of which are already up because it was dated last week. What should I send to POPLA? Do I have a chance of winning and not going to court? I am feeling a lot of stress right now but have got this far because this seems really wrong!
  16. Hi all, My wife had a claim from Restons on behalf of Cabot for an alleged outstanding debt. We decided to defend and entered her defence on the 09/02/14. Unfortunately I was completing the defence form online and signed it in my name as an authorised person - me thinking she needed to authorise me not the court - school boy error. The defence was rejected and we are now out of time. As yet no judgement has taken place. We had sent the CPR31.14 request, which Restons did not comply with, and this was the basis of our defence as we had no paper work to suggest that the claimant claims were legitimate and was asking for either additional time for Restons to supply the requested information or for the claim to be stayed. Does this error really allow the court to dismiss our defence no matter how relevant or can we do anything to re-instate the defence lawfully or get any pending judgement set aside so that our defence can be entered correctly? Any and all advice will be much appreciated. Thanks.
  17. Hi CAG, I recently sent a SAR request to Lloyds, I quoted a black horse account number on the SAR . Lloyds have stated that they have no info on me. They state that they note I have given a black horse reference number and have given me the black horse address. I thought that Lloyds owned black horse, and therefore would have the info? I also have an old Ulster bank account. Lloyds own Ulster bank also. So i hoped to get both sets of info from Lloyds. Is this correct? Should I just do as they say and send another Sar request to Black horse? Thanks.
  18. Hello, Please could somebody help. I'm new to CAG. I'm retired now, but had a loan, credit card and flexiloan with HSBC for a long time. Received a letter from them telling me I had protection on them all, although I didn't realise this. I made a claim for PPI for all 3. I was told Personal Loan claim accepted and offer has been made but flexiloan protection claim and credit card protection claim have been declined. The reason given for declining the flexiloan was 'premiums paid in respect of plan have appeared on your bank statements where there has been an outstanding balance, throughout the period your policy has been in force'. Reason for declining the card protection was the same, even though they said they can't find original documentation. Is this fair/right? I didn't realise that I had it and certainly didn't ask for it as I had good sickpay from my employer when I worked. I would be very grateful for any advice/help. Thank you. Brian.
  19. HP Mum

    HMRC issues

    Afternoon all, re Self-Assessment Self-employed Tax Return. I missed the paper deadline of end Oct and missed the on-line filing deadline of end Jan. Due to personal reasons - which are listed as IR reasonable reasons for being late - I ended up filing the tax return in July. There was 0 tax to pay. I then received a Penalty Demand of £1300 (1200 penalty & £100 automatic late fine). I appealed in writing - within the 30 day limit. I gave solid, sound reasons for being late filing, and presented evidence. I have just received a letter saying they did not receive the appeal within the 30 days and do not consider my reasons as being pertinent to the time period. They were. They are now demanding that I pay the Penalty. I still disagree with their findings. Plus it is impossible to find this penalty amount. How can the IR demand £s from someone when it is clear that there is not enough income to cover the penalty demand. What can I do? Is there a certain letter to write asking for an reconsideration of their judgment?
  20. word to the wise everyone my PPI letter was rejected by Lloyds as they stated that they didnt have any details about me (car loan with Black Horse from 1999). I did not have any bank statements from then, and Santander had told me in writing that they didnt have any either. However contacted Santander customer services (IN-BRANCH TELEPHONE - important) and they managed to locate the errant statements. (Important because this line of enquiry acually worked - use a telephone in-branch if you require statements) contacted Lloyds again who confirmed the account number on the statements was correct. They sent out a ppi claim form which was completed. Then rejected. I wrote back to them asking them to reconsider, and asking for a copy of the CCA. What was interesting was that the PPI box was pre-typed in with 'GOLD'. This was the age before online applications, and I argued that the PPI was not presented as an optional extra, but rather was not discussed before I visited the sales office. This is self-evident, and Lloyds know that they cannot prove that the PPI was discussed prior to me signing the CCA. Therefore they have agreed to refund the PPI plus interest. However, as a side note, the final amount is over £1300 short of what the PPI refund should be. Make sure you analyze any offer you receive.
  21. Hi Several months ago I started a PPI claim against HSBC Bank. I had a loan with them many years back and also a credit card. I am using a third party claims company and have only heard from them once to say that they had established a claim. Last week they called me and said HSBC had rejected the claim. They said they would send me some forms and were referring the matter to 'the Ombudsman'. They asked if I was working at the time and whether I was full or part time. I told them that I did work when I took out the loan and card and that I worked full time (because although I worked variable hours it was always more than 16 hours per week). Anyone know what might be going on here? Fred
  22. Hi, having successfully defended my own UKPC parking charge a new one landed on my desk for my 20 year old son. He parked on a pub car park. This car park has been used for decades by the local community for shops opposite. It is now a Pesto restaurant and charges have been put in place with a maximum 20 minutes stay if you are not a customer of the restaurant provided you enter your registration number into the machine. However my son didnt realise this although there is a sign on the way telling you there are parking restrictions. He was actually waiting to pick up a friend and was there for 31 minutes - 11 minutes over the allowed time (although he hadnt put his registration number in so the whole time would probably count). They got pictures on the way in and on the way out. I sent in his appeal: "I wish to appeal the parking invoice you have sent to me. Firstly the car was not "parked" at any time during its stay and the engine was running therefore it was not interrupting any customer of Pesto from parking. THE AMOUNT DEMANDED IS NOT A 'GENUINE PRE-ESTIMATE OF LOSS' The parking charge of £100 does not represent a genuine pre-estimate of loss to yourself or the landowner and the payment of £100 is an unenforceable penalty clause. Following Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] AC 847, clauses designed to punish a party for breach of contract may only be upheld if they represent a genuine pre-estimate of loss. The provision is a penalty and not a genuine pre-estimate of loss for the following reasons: (a) you are not the landowner and suffer no loss whatsoever as a result of a parking overstay; (b) the amount claimed is evidently disproportionate to any loss suffered by you; © the penalty bears no relation to the circumstances because it remains the same no matter whether a motorist overstays by ten seconds or ten years Further and alternatively, the provision requiring payment of £100 is unenforceable as an unfair term contrary to Regulation 5 of The Unfair Terms in Consumer Contracts Regulations 1999. This is a term which falls within Schedule 1, paragraph (e) of the Regulations being a term "requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation". The term was not individually negotiated and causes a significant imbalance in the parties' respective rights and obligations, because the charge is heavily disproportionate in respect of a short overstay and is imposed even where consumers are legitimately using the carpark for its designated purpose. There were only a few cars present, plenty of empty spaces, thus neither businesses nor customers at the site suffered any loss or were even inconvenienced. I believe that ParkingEYE are actually pursuing a claim for their own profit as opposed to quantifying an actual breach and loss. This is contrary to the BPA AOS Code of Practice recommendations, section 19.5, which states: "If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer." ParkingEye is NOT ENTITLED TO PURSUE CHARGES. PrivateEye has not showed that it has a contract with the landowner to grant them the right to form contracts with drivers and to pursue charges in their own name in the courts. I require ParkingEYE to produce a copy of the contract with the landowner as without it, ParkingEYEis not compliant with section 7 of the BPA AOS Code of Practice and has no legal authority at this site. I fully expect this appeal to be upheld and notice of withdrawal issued forthwith." They have now replied that the appeal is unsuccessful and basically refer to the case of ParkingEye v. Barry Beavis and Martin Wardley. I could upload their letter - 4 pages if needs be. Can anyone help with my POPLA appeal? or should we just pay it?
  23. My DH owns a sunbed shop. With the rain in the winter his basement became flooded, he lost a sunbed (the entire basement destroyed) and lost business as a result of the lost sunbed. He has recently put in a claim with his insurance company for loss of earnings and loss of sunbed (the other damage being claimed through his landlords building insurance). The insurance broker has now responded saying he is 30m from a river and to provide a response to why his policy states he is at least 250m from a river. DH says his broker is the one who sorted his insurance out for him and he signed nothing stating he is more than 250m from a river. In addition to this, the flooding that he incurred was not from the river, but from the excessive amounts of rain. What does he need to do? I have told him to contact an insurance assessor to help him. Is this right?
  24. Hi guys, I've read a few threads on here to understand my situation. I've decided to post a new thread to get a bit more specific advice, so apologies if a case like this has already been answered numerous times. I received a fine on Sunday morning, 11/05/2014, for not having enough money on my oyster whilst travelling on a bus home in Croydon. I tried to scan the card on the reader twice and rather than it telling me I was low on credit, it gave me a sort of error message. I looked at the driver and he didn't instruct me to pay so I walked on assuming the fault was with the reader - I believed I had enough money on the card. I'd made the journey from Bethnal Green to East Croydon via London Victoria, and I knew that I had at minimum £4.50 credit before reaching London Victoria. As I understand, an off-peak fare from Victoria to East Croydon is £3.00 and an Oyster bus fare is £1.20 so it should've been enough to get me home. As I told the inspectors, I suspect the problem occurred at Victoria. Please open the link which contains a screenshot of my Oyster's fare history. i.imgur.com/1MLbACM.jpg?1 I tried to board a train to East Croydon at 6:30am from Victoria. I scanned in at the barrier and walked onto the platform. The guard in charge of the platform told me that the train was not going to Croydon (I found out he was wrong) and turned me around advising me to get the next available one. I walked back and spoke to another guard on the barriers. She decided to scan me out instead of letting me scan myself out. I waited almost another hour for the next one and scanned myself in again. As the screenshot shows, the first scan-in took my balance from £4.65 to £1.30, deducting £3.35 from my card without me making a journey. That is obviously because I hadn't scanned out, which even if I'd done, I suspect would've eaten up some credit. But it is also because I was following instructions and advice from the station guards at London Victoria. So I alighted at East Croydon with £-0.70 on my Oyster card from £4.65. This combined with a dubious card reader has rewarded me with a fine worth more than half a day's wages for me. I appealed the next day, and received an email yesterday stating that it was turned down and will need to cough up the £40 - "Having considered your reasons for appeal I must advise you that your appeal has been turned down. It is your responsibility to buy and/or hold a valid ticket or other authority to travel and to have this available for inspection for your entire journey. You are also responsible for ensuring enough time is available to buy a ticket and/or touch in your Oyster. Oyster users must also ensure that, where appropriate there is enough money on their Oyster and that it is successfully validated. I appreciate that you may have experienced problems at Victoria station which caused your Oyster card to have less funds available than you thought, however as you did notice that your card had not validated correctly when boarding the bus, you needed to query this with the driver or leave the bus to check your Oyster card was working correctly to ensure that your fare was paid. Payment of the outstanding balance is now due." Obviously I think this is very unfair, especially since I travel daily between zones 1-6 for work and have never attempted to dodge a fare. Now I'm wondering if I have any sort of case legally and if a 2nd appeal would go anywhere, or do I just have to swallow it and pay the fine? Thanks.
  25. Hi guys, I purchased a car 2 weeks ago from a second hand dealer. I drove it the next day and on the way home (at night) and realised that the lighting on the dash had gone. I couldn't see how fast I was going, how much fuel I had etc. I thought, "I'll take that back tomorrow and get that fixed." The next morning (less than 48 hours after purchase), I noticed a massive oil puddle under the car I've just bought. I drove the car back to the dealer and he apologized and got a mechanic from the garage next door to take a look. When he dipped the tank, there was zero oil left n the car, it was bone dry. The mechanic said it was a rear crank shaft oil seal that had gone and that although the seal itself is cheap, labour costs would be substantial. The dealer said that he would cover the costs but would have to get his own mechanic to take a look. This mechanic was on holiday and would not be back until Monday. (Today was Friday). I said it wasn't ideal because I'd have to find a way to get to work, but I'd deal with it, so I got a lift where I could. I did ask if I could use a courtesy car and his worker said there were no cars available and even if there were, I would not be insured. When the Monday came, he phoned me and said that he had ordered the seal and that the worng one had turned up. He was very sorry, but I would have to wait a further 4 days. Thinking there wasn't much I could do, I thought I'd be reasonable and get a hire car, so paid £142 for a hire car for this 4 days. The day came when it was going to be fixed and surprise, surprise....another phone call and another delay. A friend of mine who is a mechanic (but unfortunately lives the other side of the UK) told me that the laour time for this job is about 5 hours tops. This time, I wasn't prepared to wait any more or pay out for taxis or hire cars and so I said I wanted my money back instead. I said I'd waited enough for this repair and the car was not useable. When I phoned and explained to the dealer that I wanted my money back, I explained that I was having to pay out daily costs for taxis, hire cars etc to which he asked why I didn't get given a courtesy car. When I told him I had asked and was told no by his co-worker, he apologized and said that I had been given the wrong information and there were indeed a choice of 5 cars I could have used! Having these faults within 24 hours and still not fixed 13 days later, I persisted and said I wanted my money back. (The £1000 I paid on debit card and the £400 trade in I got for my car). When I asked if the car had been PDI tested, he said it had not been and "do you really think I'd sell you the car if I knew it was like this? Trust me it's as much trouble for us as it is for you." He then said the car was not actually his and it was another dealers. He would phone them and see what they wanted to do! 20 mins later he called and said the dealer said he wasn't willing to give me a refund and I'd just have to "wait it out." I said that this was unacceptable and that the receipt was for his dealership, not someone else's and the money was paid to his dealership too! He asked if I wanted him to repair the vehicle when he gets round to it and I said he could do as he wished as I was rejecting the car back to him and would not be driving it again. The car is still with the dealer with the faults. I ended the call and have written a letter stating why I want a refund and that I would like a refund/response within 14 days. The letter was sent tracked as well. My question is.....what sort of chance do I stand if this goes to small claims? (Sorry in advance for using too much info, I didn't want to leave anything important out so thought I'd give as much detail as possible!)
×
×
  • Create New...