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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.
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    • If you are buying a used car – you need to read this survival guide.
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    • 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
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      • 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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Capital One Settled Out Of Court - I Won


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My claim with CAP1 had been going on for some time and had various elements to it as time went on - this meant I had to change the Particulars of Claim part of the way through my claim as matters changed.

 

My claim was about unlawful charges, interest, PPI, Default Removal and I had asked for a copy of the CCA and had been sent a copy of an application form and a copy of a leaflet containing T&C's. (not at all what was a CCA at all).

 

Cap1 had repaid the charges into the defaulted account and were arguing over the default removal. My line of thought was if there wasn't a relevant CCA to the account then Cap1 should never have placed the default upon the account - therefore it was reasonable I asked them to remove this. There was months of letters going to and Fro' and they kept arguing the application form was infact the CCA.

 

Seems my opinion differed to CAP1's beliefs? When this case got to court stage I asked the Judge if we could gain sight of the original document that CAP1 were claiming was a CCA - we could then decide where to go with the case from there. Judge did make a relevant Order in September for CAP1 to show the original CCA Document.

I used a very similar Argument as in my husbands Cabot claim (linked here) I simply made it relevant to CAP1.

 

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

My hearing with CAP1 was supposed to be held on 23rd November 2007 and CAP1 decided to settle out of court at the last minute. I spent a few days negotiating with them over how we would settle etc.. and used a Consent Order with a schedule of the terms required to agree the terms of settling etc.. and both parties signed this and sent copies to court requesting a Stay on proceedings whilst the monetry side of the claim was sorted and also the Default was removed.

 

Court agreed to this and issued a Tomlin Order as appopriate. Now this means that if there are any misunderstandings and the terms of the agreed Order aren't met for any reason I will be able to open up the same claim/case and continue my claim until such a time as all the items on the schedule are met.

 

The relevance of the Tomlin Order is it will allow CAP1 time to complete their side of the agreement - also it allows me to check that all the details have been dealt with and I can take the time to check my CRA files for the Default removal and the removal of the Lowell's Default etc.. because the account had been passed to the Debt Collection Agency while in dispute etc..

 

My advice to anyone who is negotiating settlement at the last minute before a hearing is for them to get a similar document drawn up agreeing the terms of settlement. Both parties will sign agreeing these terms so there will be NO going back on the deal and clearly no misunderstandings.

 

Often CAP1 will ask a claimant to drop their claim because settlement is agreed - my advice is DON'T cancel the claim until you are 100% sure everything is as you wanted/agreed. Instead ask Judge for a Stay on proceediings while each party can complete their side of the agreement deal etc.. - Once you are sure everything is complete THEN inform Judge that you wish to close the case. However, if things go wrong you have the safety net of being allowed to bring your claim back to life etc.. by requesting another hearing etc.. Chances are once you've got this signed Document in place with a Judge no company would bother messing about - I am sure no Judge wouldn't look favourably on a company signing such agreements and not keeping to their promises?

 

Hope that helps anyone who is on the verge of settling out of court.

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Well done, I know you have been battling hard on this one. I'm at a loss though why CapOne take it to the wire as it must be costing them more time and money to do so, especially when they know they will have to cave in at the end.

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Well done Elizabeth. Good result.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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