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    • How does one obtain the permit? The permit team number is only open between the hours of 9am to 3pm Mon - Fri. It says on the website, To obtain an additional 2 hours, the driver must pay a tariff of £3.00 + booking fees in person at our Security Hut, is that how you get the permit also, from the security hut? What a rigmaroll that would be but maybe just another step to take to try and catch people out?
    • Anotheruser0000 bear in mind that not all Judges are equally versed in the PoFA regulations. Fortunately now most of them are but sometimes a Judge from a higher Court sits in who is well experienced  in Law but not PoFA. and so they sometimes go "offkey" because their knowledge can raise a different set of arguments and solutions. It does seem particularly unfair  when the decision is so  bad . it can also be that in some situations the motorist being a lay person is not sufficiently know ledgeable to be able to counter a Judge's decisions in a way that a barrister could.
    • The argument about the date of receipt is now dead because the PCN  does not comply with the wording  of the Protection of Freedoms Act 2012 Schedule 4.  First reason Section 9 [2] [e]  "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges;" Second Reason Section 9 [2][a] "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;" All your PCN does is mark the time you entered and left the car park. It does not include all the myriad things you do in between-driving into the car park, looking for a parking space-perhaps a disabled space or  parent and Child place@ getting the children or disabled person out of the car then going shopping. Coming back; loading the car with shopping [, getting the children or disabled into the car, taking the trolley back to the store; driving to the exit perhaps stopping to let vehicles/pedestrians cross in front of you etc. so subtracting the driving times from before and after parking can make quite a difference from their time to the actual period parking time. So the upshot is now that only the driver is responsible for paying the PCN and the keeper is not liable at all even if the name of the driver is never known by Nexus so well done for not appealing. You obviously want to keep it that way to make it very difficult for them to win in Court if it ever goes that far. Although your question is now moot since  the same objective has been achieved by the non compliant PCN [ie no keeper liability] just  about the only way to dispute the timing of the PCN would be if one kept the envelope and there was a discernible date stamp on it that did not match the date on the PCN. There is a new Act coming out [and it cannot come quickly enough ] and one of the things required is that parking companies will have to prove the date of sending out their PCNs. We are not the only ones who sometimes doubt the veracity of their dates particularly as the later it is sent [unlawfully] the shorter the period motorists have to benefit [?] from the reduced payment. I haven't seen it on your posts but do you know how long you are permitted to park for free?
    • I was so annoyed and frustrated about the fact this case was lost it's been floating around my head all night. Dave962, are you sure that's what the Judge said? .... It doesn't make sense. Did the judge in fact dismiss the case on the grounds that the defendant did not make an appeal within 28 days? Effectively telling the PPC about the error entering the registration number and providing proof of payment at that time? To me, that's an important point.  
    • The United Autoworkers Union took a risk in a Republican - and often anti-union - part of the US.View the full article
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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Excel Counselling Services/Collections


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they have sent letter requesting a home visit
Nice to see they're playing by the rules!

 

Quite simply, if you don't want to - they can't make you. Write back and say no, simple as that.

 

From the OFT guidelines;

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Debt collection visits

2.11 Those visiting debtors must not act in an unclear or threatening manner.

2.12 Examples of unfair practices are:

a. not making the purpose of any proposed visit clear, for example, merely

stating that collectors or field agents will call is not sufficient

b. visiting a debtor when it is known they are vulnerable, for example, when

a doctor's certificate has been provided stating that the debtor is ill

c. continuing with a visit when it becomes apparent that the debtor is

distressed or otherwise vulnerable, for example, it becomes apparent that

the debtor has mental health problems

d. entering a property uninvited

e. not leaving a property when asked to

f. visiting or threatening to visit debtors without prior agreement when the

debt is deadlocked or disputed

g. not giving adequate notice of the time and date of a visit

h visiting debtors, unless requested, at inappropriate locations such as work

or hospital.

 

Best wishes, Dave.

 

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Like any other DCA, they have no legal authority. You are not obliged to agree to a home visit, and it would be a very bad idea to do so. I'd suggest you write and tell them that you see no useful purpose in a home visit and will only deal with the matter in writing. You may wish to remind them that the OFT guidelines are quite clear on the subject of visits, so you do not expect anyone turning up unexpectedly.

  • Haha 1
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Excel are just another DCA. They are doorstep collectors who have hijacked the name of a therapeutic technique.

 

This is from their website - the highlighting is mine:

 

Our counsellors are highly trained and primarily come from finance and banking backgrounds. They also have the personal qualities to obtain the best possible result for the lender and enhance the relationship with the customer.

 

 

 

Benefits of Counselling:

  1. Successful counselling results in the return of customers to performing status by establishing a realistic and acceptable repayment programme supported by the full financial and personal information of the customer. This information enables the lender to make an informed judgement of the current situation and as an aid to the future management of the account.
  2. The exercise can be cost neutral when the fee is recoverable from the customer’s account.
  3. Accounts likely to be non-recoverable can be identified at an early stage and prepared for litigation or other recovery procedures as appropriate.
  4. The borrower will be given a clear understanding of the required legal process.

 

In other words, their role is to try to extract as much money as possible. They may use some techniques that a trained counsellor would recognise, but they are most certainly not for the benefit of the debtor.

 

On the other hand, I think the 'counselling' label is just used to deceive (or at best mislead) people as a way of getting into their homes. In some ways, I suspect these creatures can be compared to high-pressure salesmen, who will use various methods to get the client to agree to anything just to get rid of them.

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IMHO, they're all as bad as each other and should be treated as such.

 

This bunch come across as pure slimey on their website;

  1. Successful counselling results in the return of customers to performing status by establishing a realistic and acceptable repayment programme supported by the full financial and personal information of the customer. This information enables the lender to make an informed judgement of the current situation and as an aid to the future management of the account.
  2. The exercise can be cost neutral when the fee is recoverable from the customer’s account.
  3. Accounts likely to be non-recoverable can be identified at an early stage and prepared for litigation or other recovery procedures as appropriate.
  4. The borrower will be given a clear understanding of the required legal process.

Regards, Dave.
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Scarlet,

 

Many thanks,

 

It looks like I will have to CCA this company along with a nice letter...

 

Thanks again for your help and Dave,s

 

I will keep you posted.

 

Cashin

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Dave,

 

I have scrutinized their letter in more detail, and I notice they haven't made any reference to Lloyd's account numbers etc other than their own, so I intend to just dispute their letter until they can provide more detail. The I will CCA them.

 

Cashin

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ye Gads!

 

There aught to be a law regulating debt councellors! Such as the consumer credit Act 2006!

 

then, if they were to mislead you, or be unfair, you would be able to complain to the financial ombudsman service, and cost them a cool £450!

 

And a complaint to the OFT, asking them to use powers under the act to ensure that they didn't mislead debtors again would also be possible!

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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  • 1 year later...

Can anyone ask for CCA? and if so once you get it do you need to to employ a solicitor to do your arguing?

 

Is it only relevant to CC companies or would it be equally applicable to overdrafts!! What about loans? Any suggestion/help, any guidance/templates would be greatly appreciated.

 

Thanks in advance.

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You can send a CCA request for CCs & regulated loans. You would need to send a SAR for an overdraft with a view to reclaiming unfair charges.

 

When you receive your CCAs back, if you scan them remove identifying details and post it up we'll advise you.....for free :D

 

Start a new thread for each one by scrolling to the bottom of Debt Collection Industry - The Consumer Forums and clicking 'new thread'.

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I have just received a letter from these. It looks like they have got some database and in today's climate with a mailshot that looks reasonably official they will have 60% hit rate at least. It has no other details than our address and Lloyds TSB. Looking at there website they are a private company and have 100+ years of banking fisaco between them. This morning I had someone from their company drop a note saying they called when I was out and they will call again.

 

Should I; be drawn into responding to them; ask them to remove us from their database; ignore them! Am I obliged to do anything with them! They are insult to anyone's intelligence. The letter looks worse than junk mail that I get from 'get rich quick' me too community. They claim to be offering counselling but in reality they are just another 'debt collection' racquet formed by unemployable bankers.

 

Any guidance would be appreciated.

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It was an envelope with 'By Hand' written on it. Inside was letter with their ref, date, our address etc.

 

"Following our recent letter, as I had not head from I called ... you were out. Call me on my mobile ... leave message. If no proposal ... legal action ... take this opportunity ... make proposal to the bank ... Signed, Counsellors Initials"

 

On another note, can I send "Letter to request the halt on the processing of your data" to the bank and CC companies. These 3rd party cowboys are eating at least 80% of my time and brain.

 

Thanks in advance

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  • 10 months later...

If you geta letter from Excel Collections, don't panic; it's a free service provided by LTSB to get an update on your situation and, obviously, to try and arrange an affordable repayment plan.

I have had a recent visit from them and they not only helped me sort out my LTSB debt, but also some other credit card debts.

:)

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So, because I write something positive about this company I'm branded a liar - how sad.

I've had a visit from them and found them quite helpful, that's not a bad thing guys.

I noticed the scaremongers who paint a black picture have had no dealings with this company, typical.

Anyway, sorry I tried to help, guess I misunderstood the point of this website.

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"If you get a call from the Grim Reaper, don't panic; it's a free service provided by H.E.L.L. to get an update on your situation and, obviously, try to rearrange your life options"

 

Sorry Sandy-Excel, please give us some credit (pun intended). No offence, but we've seen it all before :)

Sorry if you misunderstood the point of this website. The Consumer Action Group is a rather ambiguous title is it not?

Perhaps this forum will be more suitable:

Credit Today online

 

Hope this helps :)

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