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    • Here's a suggested modified version for consideration by the team. (Not sure whether it still gives too much away?)   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you added. Shall we raise the related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding parking periods. Especially with no consideration of section 13 in your own trade association's code of practice and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked, unmanaged over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the above issues and more, with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture a couple of useless ANPR photos. If you insist on continuing this stupid, money grabbing quest, after having all of the above pointed out, we will of course show this letter to the Judge and request “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Signed, "Spot". (Vehicle Keeper's pet Dalmation).
    • Paying DCA's one penny, never mind £50 per month is a mugs game, they have really been milking him as a cash cow   See where received a claim form is underlined in your post, you need to click, on that and read carefully, then answer the questions, then copy and paste into a post on this thread Forget the CAB ,  their advice is sometimes weird. Is it worth defending? Lowell brought these debts for 10 p in the pound , years ago, because they are flawed. Think about it! if it was such an easy win, Capital one could have taken it to court and crushed him.  It could be an invalid agreement, default notice, or many other things. In a nutshell , yes, and we can help you.
    • Origin moved to EA App... I know this all too well.  Reach out to Customer Services I would to see what they can do. 
    • Welcome - One of the team will take a look shortly
    • You cant really oppose an application to lift the stay only be stayed for 11 months....claim is proceeding. Complete the following.  
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Metropolitan Collection Services - Action on a stayed claim


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  • 1 month later...

Got a court hearing date for the 10th july 11am. A little worried as not been to court before. I sent the n244 as advised. What do i need to take to court and what can i expect?

Its better to live one day as a lion than a thousand days as a lamb!!!;-)

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Hi johnny ,

 

Have a look at this thread - round about #135 onward - it may give you some pointers, bearing in mind it's from a defendant's point of view rather than a claimant's............

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/130503-court-tomorrow-set-aside.html

Edited by johnnymitch

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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Sorry , johnny - please note the # change :oops:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hiya Johnny don't be intimidated by the experience I have been into court about 4 times now and I'm getting to quite enjoy it :D.

 

Take proof of your own stayed court case for recovery of the penalty charges and details of whats left of the debt that the CCJ was placed against.

 

Tell the judge you have come to realise the original debt was made up of charges that you believe are unlawful and you are now trying to recover and you think the CCJ should be set aside and both claims joined together and stayed pending the outcome of the test case or both go forward to a court hearing.

 

That will stop them from using the CCJ against you or force them into a court room (don't worry the judge and the bank wont want the hearing option don't tell them you don't either :D).

 

and have fun :)

 

pete

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Please do - it adds to our knowledge of the subject to hear someone else's experience ........ :)

 

Best of Luck

from one johnny to another ......:D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Oops! sorry pete :o I forgot this was your thread..... :D

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Aw, thanks pete - :) Spread it then, - spread it!!!!!! :lol:

  • Haha 1

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Contact Details (MCS)

 

Freephone: 0500 99 22 99

International: 00 44 121 455 2375

Registered Address:

56 St. James Road

Edgbaston

Birmingham

B15 1JL

Registration Number: 1475006

 

There you go raz....... same address as HSBC :rolleyes: Surprise,surprise......

If the freephone number doesn't work - I think the number (judging from the international one ) would be : 0121-455-2375 -it is -I've just tried it!LOL!

Edited by johnnymitch

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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BH - I'm going senile pete, I forgot it was already on your thread - DOH!:o

 

As a matter of interest I got this from slickwilly on the Barclays site - have you seen it........ and is it worth broadcasting on a sticky do you think........?

(http://news.bbc.co.uk/1/hi/business/7498178.stm)

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Yep! You're probably right pete -just seems to take forever , doesn't it ? :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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  • 4 months later...

We were declared bankrupt in June but HSBC recently instructed MCS to collect the debt which formed part of the bankruptcy. The Official receiver wrote to MCS and reminded them of the legal situation. Their response was to send the bailiffs to try and collect my (Motability) car. I have to say that I am worried about their next move - even though they have no legal right to pursue this debt. We have a complaint in to the FSO but it may well be many weeks before they get round to dealing with it. I am thinking of going to the media - does anyone have any experience of this>

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Hiya Messy, what Metro are doing to you defiantly constitutes harassment, if they arrive on your doorstep again contact the police and ask for them to be removed, they have no legal backing for continuing to progress the collection of a debt that formed a part of a bankruptcy.

 

pete

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Geez, they're getting worse pete , if that's possible :rolleyes:

 

This is not a normal DCA , but part of a major bank's collection service . Ignorance of the law is no excuse for them, they work from the same building as the bank's solicitors, for goodness sake ! :mad:

 

That's good advice from pete ,Messy - don't take any nonsense from them , they can't have a warrant to collect on this ... set the law on them .

Edited by johnnymitch
missed a word! LOL!

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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They do know they cant take my car becasue it is a Motability car - and in any case it is my husband who is actually bankrupt not me. However, the nearest Police Station is 12 miles away and ofc ourse by the time you have rung the Police and they have actually arrived the bailiffs have gone. I am not to bad at handling these people but I despair for those people who are unable to cope with this intimidation. I really am feeling that I should see if I can interest the media in this but as an ex-journalist I know that any newspaper running this would want some other stories to back mine up - any volunteers?

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Oh Hell - I was just about to write as you did to MCS - our debt is part of a bankruptcy and what happens but they telephone and give us 24 hours to pay. My husband is bankrupt but it appears that he made his daughter a partner in the business that went bust and she is now liable for the whole debt. She is blaming us and expecting us to pay - and her husband is extremely threatening. My husband now say that the only person who can make an agreement to pay is me - because I am not bankrupt and dont have a threatening husband - but why the hell should I? The debt is supposedly stayed whilst HSBC sorts out whether the daughter is liable or not - and meantime Im getting all the flak. Excuse the outburst but I am completely ****ed off with the whole thing.

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Inland revenue and the Offical receiver were happy that it was a sole trader but HSBC say that becasue a loan form was signed it both names, it constituted a partnership. In fact daughter signed this form because she though as a signatory she had to. She had no idea at the time that this would make her liable for the debt. I complained on their behalf to HSBC when they first came after her that they should have made the terms and condtions clear but they denied any responsibilty for this. Currently, HSBC had told us that they were staying any collection action whist they investigated the complaint but clearly they have not bothered to do so. The pressure from the family on me to sort this out in huge (and of course completely unfair but what can I do).

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