Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • 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
        • Like
  • Recommended Topics

Hi to all


mrXx
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5974 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

hi i`m mr Xx . i found the forum while Google searching Ruthbridge Limited. i received a letter from them * days ago saying i owed their client just under 5k . as i couldn't think of what that could be- ive been credit free for years- i phoned them. it turns out it was for a car i had on HP back in 1998 lol. any way, ive had the usual- Bankruptcy- goods removed- pay a settlement crap off of them and also they say they are coming to my home on Monday (they will get more than they bargained for) .

Any way, i got some advice from another website, and they advised me about the statue of limitations act 1980 etc. i sent them the letter recorded yesterday, and ive just had a phone call (answerphone) that they will forward the letter i sent them to the company, and any paperwork they receive will be posted to me, but they are still saying that they are coming out with the claim forms and want to do an assessment??

can anyone advise me if this is harassment? the claim is well over the 6 years stated in the statue of limitations act, more like 7.5 years, but still they are phoning ,asking me to phone them back etc. and what if they come to my house on Monday?

the only thing that bothers me about the visit is my short fuse lol, if the guy speaks to me like he did on the phone, they will need a shovel to scrape him up off of the road outside my place.

 

PLEASE£ SOMEONE TELL ME WHAT TO DO NOW!!

 

thanks in advance

Link to post
Share on other sites

Hi

 

Welcome to CAG. The debt is statute barred after 6 years, 5 in Scotland. I would not fill in any forms, and i certainly would'nt acknowledge the debt.

 

Have a read at letter M here:

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

I would advise against signing anything you send, as there have been instances of signatures suddenly appearing on paperwork.

 

I will move your post to the debt forum for further advice.

 

Uk

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

Link to post
Share on other sites

Yeah,

 

hand the idjit this and then tell him to sod orf as hes trespassing and you are ringing the police if he refuses

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely,

 

 

as uk said send the Stat Barred letter

 

Good Luck,

 

if you need anything else shout

 

regards

paul

Link to post
Share on other sites

thanks bro, yes i sent the stat barred letter yesterday guarrenteed next day, and they left a message on the answerphone today saying they had received it and was passing it on to the finance Co. they said that they would forward paperwork to me from them and world "be along with the claim forms"

thanks for your help mate, i will pass him this letter if/when he comes here on Monday, i may even send a copy tomorrow ? to save him the trip lol.

cheers!!!

 

ALSO:

i was just wondering if there was any exceptions to the 6 year rule? basically the last contact i had witht he finance Co was in Jan 2000 and i have since then, moved house 4 times,do i actually have to had made a payment or agreed in writing to be liable? it doesnt count if they send out letters to my old addresses does it? or if i did not inform them of my new addresses??

Link to post
Share on other sites

They have to prove

 

Either

 

A that you made a payment in the last 6 years (for simple contracts)

 

or

 

B that you acknowledged the debt in writing

 

this is covered by s5 Limitation act 1980

 

the final thing that would mean you are liable is if thy had already obtained a CCJ, highly unlikely due to the way they are dealing with this though so dont worry,

 

i would suggest that it is the case that they are trying to scare you with reference to the "claim forms" etc and they are in breach of the OFT guidelines on unfair Debt collection practices

 

Send the stat Barred letter and sit back and wait for their reply

 

regards

paul

  • Haha 1
Link to post
Share on other sites

I have read your PM, I see Paul has replied already. Glad we could help.

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...