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    • Thanks everyone. Will speak with the manager first chance I get later today and let you know.
    • own topic created  tnx the info. dx  
    • this debt: MBNA Bank of Scotland Card debt- LInk got a CCJ - now want payment review - MBNA - Consumer Action Group and a barclaycard loan - did you ever send the a CCA in all these years.....when was it taken out?    
    • Welcome to the Forum. The PCN must be subject to Bye laws as the warning near the bottom of the PCN does not comply with the protection of Freedoms Act 2012 Schedule 4 Under Section 9 [2][f[] of the Act it should say: (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver ,the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Their version states they are pursuing you as the driver [because of the Bye laws they cannot transfer the liability from the driver to the keeper] even though you are the keeper. Should it go to Court Judges do not accept that the driver and the keeper are the same person. Obviously on many occasions another member of the family may be driving instead of the keeper. Indeed anyone with a valid motor insurance policy is able to drive your car. if any of the three cars were not driven by the keeper they are not liable to pay the PCN only the driver is.  as long as they do not divulge who was driving those lovely people at Alliance haven't a hope of winning against them in Court. What a shame. However while those keepers who were not driving are in the clear all is not lost for the other keeper drivers. Alliance still have to prove who was driving which is difficult providing those keepers do not appeal.  It is quite often that on appeal the keeper may say "I entered the car park at....."  immediately giving away that they were the driver. Plus even if you appeal it won't be accepted as a] they lose £100 straight away and b] mostly all the major car parking companies are dishonest scrotes. In the meantime you will be on the receiving end of threatening letters from Alliance, unregulated debt collectors and fifth, sixth or even lower rated solicitors all trying to frighten the life out of you to cough up. They can all be safely ignored since if you don't contact any of them they don't know who was driving so have no information that the can use in Court to identify the driver. Some time in the future they may send you a Letter of Claim which must not be ignored. Just let us know and we will advise a suitable snotty letter to send them which will show that you are not afraid of them and are happy to turn up in court knowing that you will win. Sorry it was a bit long winded.  
    • He’s still At it from a bungalow on Haslingden Road. Changed name to Bamberbridge cars with a Preston based phone number (01772) but dodgy dealings at the bungalow are still a go.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Just a quick hello to let you all know how I am doing with my claim. I sent of my DPA on the 14th June and got the standard acknowledgement dated the 20th and the cheque cashed on the 21st.

 

I am just waiting now for the 40 days to be up if they feel the need to take that long.

 

On another note, when they cashed the cheque on the 21st that also put me overdrawn so we will see if they include this on their list.

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  • 3 weeks later...

I have just received a response from my bank well within the 40 days. Having just working through what they have sent me I am shocked to find they have had nearly £2500 from me over the last few years. Didn't realise I was so bad with money.

 

My question now is that I was not sent a schedule of charges, they bank opted to send me the statements for the last six years. Do I send these back to them with the charges highlighted or do I place something else in with the next letter?

 

Any advice appreciated.

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They've sent you photocopies of the statements. No need to send these back, just go through all the statements making a note of all the charges they have applied and attach that to your letter. For e.g:

 

Statement: Penalty: Fee:

28/01/06 Overlimit charge £20

25/02/06 Overlimit charge £20

25/02/06 Arrears charge £20

26/03/06 Overlimit charge £20

26/03/06 Arrears charge £20

28/04/06 Overlimit charge £20

26/05/06 Arrears charge £20

28/06/06 Overlimit charge £20

28/06/06 Arrears charge £20

 

Total £180

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  • 3 weeks later...

I have just phoned the bank this morning as their 7 days for replying was almost up. i have now been told that many people have been making these claims and that the bank has introduced a new policy where they put the claim on hold for 6 weeks while they go through the paperwork and then get back to you with a settlement amount.

 

Does this sound legit or is it just another delaying tactic and i should carry on as planned?

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I have just phoned the bank this morning as their 7 days for replying was almost up. i have now been told that many people have been making these claims and that the bank has introduced a new policy where they put the claim on hold for 6 weeks while they go through the paperwork and then get back to you with a settlement amount.

 

Does this sound legit or is it just another delaying tactic and i should carry on as planned?

Carry on as planned - stick to your time limits, not theirs. If so many people are claiming then they should get more organised and employ enough staff to deal with all the claims.
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I have just phoned the bank this morning as their 7 days for replying was almost up. i have now been told that many people have been making these claims and that the bank has introduced a new policy where they put the claim on hold for 6 weeks while they go through the paperwork and then get back to you with a settlement amount.

 

I received 2 "we'll respond in 7 days" type letters, and then last week, one saying that it'll take 6 weeks. The thing is, what exactly are they going through? I provided them with a schedule of charges, along with copies of statements.

 

I should really send off the LBA and give another 14 days to respond, but it looks like the co-op really are taking 6 weeks to sort it. I can't afford to put a moneyclaim in anyway : (

 

I guess I'm just going to have to wait the six weeks...

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