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    • There are huge numbers of public sector employees using their own vehicles for work purposes.   The employers are not quick in offering to provide a works vehicle to use and instead ask their staff whether they have a suitable vehicle which they will pay the mileage expenses for.     At some point in the last year or so, there must have been an accident event involving an employee using their vehicle for work, where they did not have the correct Insurance.  Earlier this year Government departments issued instructions for line managers to check driving licences, Insurance documents, MOT certs, before they allowed anyone to use their own vehicles for work purposes.  There has always been a preference for staff to use public transport or to hire a vehicle.        
    • you've not dobbed yourself in as the driver so IMHO go radio silent now.   i have removed the link and external appeal letter text.   next even if outside of scotland do not ever appeal   DX    
    • So you decided to sell your estate car (which was perfectly suited to your personal/domestic circumstances) and replaced it with first a van and then a 4x4 to allow you to use your own vehicle for work?   Why did you never tell them to supply a works vehicle?  Why did you never tell them that it would no longer be possible for you to carry out your duties if they did not supply a suitable works vehicle?  If you work for a local authority I can't believe that they would not have supplied a vehicle if you'd just asked for one.  That's what you should have done before buying a van!   As others have said, I can't see that you are entitled to any legal remedy for a decision you made yourself.  But as someone else has said, nothing to stop you asking...
    • As dx says, being in Scotland gives you a great advantage.   When you wrote you'd appealed I feared you'd thrown that advantage away, as generally in an appeal motorists out themselves as the driver - but you didn't!   How did you pay for the items you bought?
    • Hi thanks a lot for answering! Here are my answers:   It is a PCN's received through the post [ANPR camera capture] (must be received within 14 days from the Incident)   1 Date of the infringement 12/09/2021   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 17/09/2021   3 Date received 24/09/2021   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Yes   5 Is there any photographic evidence of the event? There is a photo of my registration plate on entry and exit.   6 Have you appealed? [Y/N?] post up your appeal] Yes. I used a template shared on this page:      ction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharinuthority to disclose or refer this letter or any other   communication from me to any other person or organisation.   Have you had a response? [Y/N?] post it up Yes:   Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons: The car park is operated by Automatic Number Plate Recognition (ANPR) – cameras capture an image of vehicles entering and leaving the car park and calculate their length of stay. Parking at the above site is limited to 15 minutes. On entry to private land it is the responsibility of the driver to check for signage and ensure that your vehicle has been correctly parked. Your vehicle was parked longer than 15 minutes, therefore the notice was issued correctly and remains payable. vehicles found not adhering to the signage will be issued with a parking charge notice (PCN). Please be advised that there are a number of signs around the car park indicating the restrictions of the site and it is the responsibility of the driver to read them when parking. With regards to the reference to “Pre-Estimate of Loss/breach of consumer contracts 1999.” Please be advised that the Supreme Court has made judgement (04/11/15) that clearly sets out the issue of parking charge notices on private land (law of contract applies) and in particular pre-estimate of loss. The parking charge notice is enforceable on the basis that it protected a legitimate interest when the driver failed to adhere to the terms and conditions and was not extravagant, exorbitant nor unconscionable. The parking charge is not an unenforceable penalty and does not breach the Unfair Terms in Consumer Contracts Regulations 1999. Please make payment of £100.00 by visiting our website at www.eurocarparks.com or use the automated telephone service 0203 553 4559. Alternatively make your cheque payable to Euro Car Parks Limited (to include a £2.50 handling charge for cheque processing) and post to Euro Car Parks Ltd, 30 Dorset Square, London, NW1 6QJ, quoting the PCN number on the reverse of the cheque. This amount is now due and the charge will be held for 14 days to allow time to make the payment. If payment is not received within this time further charges will apply. You have now reached the end of our internal appeals procedure.   You can make an appeal to the Independent Appeals Service, POPLA (Parking on Private Land Appeals) using the unique POPLA Reference code provided above. Please note, should you decide to appeal to POPLA, or if you appeal to POPLA and your appeal is subsequently rejected, the option to pay a discounted amount will NO longer be available and the FULL AMOUNT of the PCN will become due.   Please note - if the ticket was issued in SCOTLAND and or NORTHERN IRELAND, ONLY “THE DRIVER” can appeal to POPLA. If you/the driver decides to appeal to POPLA, you will need to visit the website, www.popla.co.uk, where further details of how to appeal (either online or by downloading the relevant forms) can be found.   If the driver is unable to access the website, please call us for further information on how to obtain the forms. Please ensure that the POPLA Reference Number as noted above is quoted on all correspondence to POPLA. The driver has 28 days from the date of this letter to submit an appeal to POPLA. If the driver appeals to POPLA, we will suspend recovery activity on the PCN.   Appeals may NOT be accepted if payment is made against the Parking Charge Notice, including any appeals logged via POPLA, if applicable.   If you choose to do nothing, we will seek to recover the monies owed to us via debt recovery procedures and may proceed with Court action against you.   By law we are also required to inform you that the Ombudsman Services (www.ombudsmanservices.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution services. As such should you wish to appeal then you must do so to POPLA, as explained above.   Yours sincerely   7 Who is the parking company? Euro car parks (ECP)   8. Where exactly [carpark name and town] MFG - BP Petrol Station Glasgow   For either option, does it say which appeals body they operate under. BPA     I attached a copy of the first letter received and a photo of the "final notification letter" I just received. NTK Mr PCE_compressed.pdf
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ruthbridge / maxwell


steve8898
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hi have been having probs with him

 

had a barclaycard and got account passed to cabot who in turn handed it to ruthbridge.

 

account is about 4 years old no ccj given to me but recieved letter from ruthbridge threatining bankrupcy unless £1400 is payed by the 30th nov

 

any help or ideas what to do have the money but not sure if they are to be trusted.

 

can they make me bankrupt?

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Only if they first confirm that they legally have a right to the debt and only if they go through the courts, sounds like the usual pay us or the world will end letter, they can initiate proceedings, but they would seem a long way from that stage if they have just received the debt.

 

Did you receive any documentation from BC or cabot about the transfer?

Have you been making payments to cabot?

Have you received any default notice?

 

Initially, Make them prove that they have legal title to the debt by way of a legally executed CCA, at the very least it will give you time and make them realise you know your rights

Hope this helps

 

 

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The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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First thing to be aware of is, they won't make you bankrupt. They may tell you all sorts of fairy stories, but without going to court, they are talking out of their collective bottom.

 

OK, now you say you have the money to pay. But I have to ask, if Cabot have brought Ruthbridge in to recover a debt, it sounds as if all may not be as it should. Ruthbridge are usually tasked with recovering difficult debts, such as those being statute barred, or are about to be, or may be unenforcable for one reason or another.

 

In light of that, I would be asking if Cabot have any right to collect on this debt. And if they do, is the amount they are trying to collect an accurate figure.

 

CCA Ruthbridge, making sure you write I DO NOT ACKNOWLEDGE ANY DEBT in your letter. Don't sign it. Just print your name at the bottom.

 

And SAR Barclaycard. Find out if the figure that is quoted is correct. For instance, Barclaycard may have been charging you unlawful penalties?

 

Do keep us posted. :)

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The letter you would need is as follows, (pinched from another thread) don't speak to them on the phone again. If they call refuse to answer their security questions and ask that everything be put in writing.

 

Then send them a CCA request enclosing a postal order for £1. The letter I would use is as follows:

 

(Do not sign the letter with your normal signatures (these have been known to be copy/pasted onto blank documents and posted as genuine

 

Quote:

 

To Whom It May Concern:

 

Your Reference: xxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1

postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

 

1.True copy of original credit agreement

2.Statement of account

3.Copy of the executed deed of assignment from (Name of OC) and (Name of DCA)

4.Fair Processing Notice.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

As this account is now in dispute, I would also draw your attention to The Banking Code section 13.6:-

We may give information to the Credit Reference Agencies about personal debts you owe us if:

·The Amount Owed is Not in Dispute.

·The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003

Deceptive and/or Unfair Methods-

2.8 Examples of unfair practices are as follows:-

k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

I look forward to hearing from you within the statutory time limit.

Yours faithfully

 

 

 

Mr F Bloggs

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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i thought the debt had been payed by a consolodation company obviously not!!!!

 

nothing for at least 4 years then these 2 letters

 

spoke with maxwell on phone said debt was 1900ish then came back with a one time payment offer

 

if i pay is it the end of the matter???

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