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    • The reason for the photos is to show you weren't displaying a permit.  They are supposed to check that the permit hadn't fallen off the dashboard. There is no point in appealing to PPM.  The very people who deliberately set up the site with rubbish signage to catch motorists out are highly unlikely to find against themselves. You've said several times that you think the company who you met with called PPM in so these are the people you need to contact in writing to request they call PPM off.  Until you do so we're going round in circles. If you don't want them to have your e-mail address simply set up a secondary e-address.  
    • Please see attached redacted judgment for further infoVWFS (UK) LTD - Salisbury CC - Judgment - 20240507 V Final _copy redacted.pdf
    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
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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.

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

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ozric
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Hi all,

Thought i'd post this and see what you all think.

I have 2 loans whith Welcome,

Loan 1:Welcome Car Finance

Loan 2:Personal Loan

 

First the car loan:

I took the loan/Finance out in feb of 2006 at prepayment of 150 pmonth

I defaulted in june 2007 due to massive bank charges against my bank account(another matter to deal with) and paid in person at Welcome local offices.

Since then i have missed 5 payments on this loan.

Over the last 2 months i have received from 2 to 8 phone calls a day from their office demanding payment.

I have had visits from their 'boys' on two occasions at my house in the evening, where i was told a payment of 10pounds would 'get them off my back.'

Last week,after 6 calls in one day,although i have told them not to ring me at work as i am unable to take personal calls, i decided to see if i too had a ppi i was unaware of attached to the loan.

I sent a recorded delivery letter to Welcome along with a cheque for 10 pounds, and asked for copies of documents etc they hold about me under the Data Protection Act , S.A.R Request.

Two days later i got an office printout,on headed paper so i couldn't read the figures at the top of page 2,of my payments to this account....and nothing else!

Reading through this 3 page printout i can see they have charged me for calls made to my phone that i didnt take,(as a rule i NEVER answer my phone during the day but they use half a dozen different numbers,and sometimes i answer by mistake)

.

These charges for phone calls i never took add up to 90pounds in December, 70pounds in November, 50pounds in October....and nothing about the 2 lots of 10pounds paid to their 'boys' in person...for which i still have the receipt!

I also noticed that the 10 pound cheque for the SAR has been taken as a payment against my car loan.

 

I understand they have 40 days to comply with my request under SAR, but was a bit surprised at the lack of ANY details they are required to send,...As such, and after a quick chat on this forum (xcellent by the way),

i can only assume they can't find the agreement, or wont send it due to the PPI issue,...by the way, in my SAR request i never mentioned why i required it , just that i was entitled to it and here's 10 pounds to cover the cost.

So,.just to clarify what i owe and to nudge them a little more into producing the agreement, i am posting (Recorded Delivery) a CCA request, to which they have 12 days to comply or the loan becomes unenforceable.

I shall post updates on here to keep you all what's occurring.

 

Q:Has anyone else NOT had documents requested under the Data Protection Act ??

Q:Does a SAR request cover what is requested in a CCA request,..in other words ,as i've already asked for ALL documents under SAR, should i also do a CCA or is this enough??

 

 

 

Second Loan: This was DEFFINATLY sold to me with a PPI.

I sat in their office, after agreeing on the phone that a loan would be no problem, only to be told that they would only give me the loan if i agreed to a PPI. I said that it would be too much to pay monthly with the PPI, but after leaving the room for a few mins to 'chat with here boss' she returned and said 'no PPI, no loan'.

This loan is fully up to date, no payments missed..always paid by Direct Debit.

On the printout for this loan are a few things i don't understand...What does Transfer Out mean?

it looks like this:

4 nov 07: Direct Debit 121.64 owed 2,110.59

4 nov 07: Transfer Out 121.64 owed 2,232.23

14nov 07: Interest Posting 82.19 owed 2,314.42

14nov 07: Interest Posting 83.71 owed 2,398.13

14nov 07: Interest Reversal 82.19 owed 2,315.94

2 dec 07: IBTR owed 2,315.94

4 dec 07: Direct Debit 121.64 owed 2,194.30

14dec 07: Interest Posting 85.33 owed 2,279.63

4 jan 08: Direct Debit 121.64 owed 2,157.99

14jan 08: Interest Posting 85.97 owed 2,41.96

 

And...stupid though i am...WHY does my debt increase every month.....?????.

At this rate i could owe them for the rest of my life surely?!

 

Any advice on these matters will be VERY gratefuklly recieved.

Thanks

Ozric

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ask for proof of telephone calls, they once told me they recorded all calls but could not prove it when s.a.r.'d. make sure they send you everything, their info provided to me was sketchy to say the least. if you have any old documentation check it against information provided- theirs differed to mine considerably. hit them with hard facts and they will soon go away

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Rather than hit them with the little they've given me....which is only a printout of my payments,,i'm happy to let them waste away the next 35 days doing nothing.

You say you got documents from them...how long did you have to wait for this to come through???

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Are they allowed to add their telephone call charges to a loan? Thats distraceful, MBNA could ring me up 5 or 6 times in one hour if they added these each time I would be fighting a losing battle.

Starting with NatWest - 3 personal, 5 business accounts

Next 11 credit cards

Next personal loans, morgages, sercured loans

Then anything else I can think of.

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My thoughts exactly, if they can get away with charging me for unanswered calls...(i think i'll scan them in today and you can all have a laugh), whats to stop them ringing my phone 20,30,100 times a day.....these people are a bloody joke.

NOT complying with my data protection act request pretty much says it all..

As such, i feel obliged to say NOTHING more to them about my DPA request, but wait until 12 working days remain of the 40 days they have to comply, then send a CCA request,...so they both expire on the same day....and then STOP ALL PAYMENTS to them.

It will then be down to them to take me to court and explain to the judge... Why they have refused to send me my documents.

Why they charge for unanswered phone calls (surely this level of calls is harassment.)

The whereabouts of the 2 cash payments, for which i have receipts,made to their 'boys' on a call to my house in the evening.

The mis selling of 2 PPI's.

....... BRING IT ON ! ....

oz

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My next battlefront is with good old British Gas.

 

A brief history....

By May of last year i had built a debt for gas to the tune of aprox 1000 pounds,...not ideal, but, life isn't easy as a single dad working all hours to even break even.

British Gas kindly (lol) installed a Quontum pre-payment meter at my house

on the agreement that i would pay 25pounds per week towards the debt BEFORE i got gas....In other words,..assuming i had run out of gas on a sunday, i would have to put 35 pounds on the payment card in order to receive 10 pounds of gas.....are you with me so far?...

On June 14th, after a month of pumping endless amounts of money into the meter, i phoned British Gas to clear the debt in full using my credit card and to have the quantum meter removed as this method of gas purchase is more expensive per unit than a quarterly meter.

 

This confused British Gas as..in their own words...'We dont know what to do as this has never happened before'..

The next sunday arrived and, having run out of gas, went to the shop and put 20 pounds on my payment card,....when i put the card in the meter it said i need to pay another 5 pounds towards my debt before i could get gas....I phoned british gas and explained, at length, that i had already paid my debt and insisted they rectify my meter immediately.

This went on for four months, me charging the payment card, phoning British Gas and complaining, and getting nowhere.

In November i left British Gas, telling them exactly why i had left and demanding the return of my over payments.

Nothing happened.

In January i received a bill for the electricity account, 127.50...I contacted British Gas and told them to deduct this from the moneys they owe me and send me the balance, along with 7 months interest and a letter explaining their inaction on my account over the last 7 months.The girl at BG was 'shocked'..her own words,. at the amount of calls made by myself over the 4 months before i left BG, and the lack of response to my requests/calls and assured me that she was sending internal emails to her manager to have her call me that day.

That was a week ago.

Nothing happened.

I am now sending a DPA request along with a letter DEMANDING they repay moneys taken from me for gas, for a bill i had already paid in full in June along with 7 months interest, a letter of explanation of their acts, and any compensation packages they would like to offer me.

I will keep you all posted on this one too!

oz

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My next battle front is with Nationwide.

3000 pounds of charges over 1 year....!!!!

It's hard to keep on top of direct debits when they keep bumping 10 pounds on here and there, leaving a shortfall for the next DD's..incurring more charges,leaving a shortfall for the next DD's, incurring more charges..etc,etc,etc

3000 pounds!!!!!!!!

I am today sending them a DPA request and a demand they return my money immediately in the first instance and that they will also be liable to compensate me for charges i have had levied against me for non payment of DD's due to them deducting moneys from my account for unlawful charges creating a spiraling debt i cannot free myself from...

I will keep you posted on this too !

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I would post on a Utilities thread where you will get much more help on gas problems, you are not alone!

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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subbing - please continue with this as have a loan and a car with these cowboy jokers!

Taking back my financial freedom starting today!

 

Barclays Bank : £3200 in charges : On hold

Capital one :

CCA 03/03/08

SAR 03/03/08

GE Burton card :

CCA 03/03/08

SAR 03/03/08

Welcome Finance HP Car :

CCA 03/03/08

SAR 03/03/08

Welcome Finance Loan :

CCA 03/03/08

SAR 03/03/08

Littlewoods :

CCA 03/03/08

SAR 03/03/08

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please remember a certain WF person has already admitted they read the WF threads so be careful what you are posting

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

they have 40 days to reply so must be over due, did you send it recorded, if so send a reminder letter.

 

http://www.direct.gov.uk/en/HomeAndCommunity/YourlocalcouncilandCouncilTax/CouncilTax/DG_10037422

 

dont know if any use.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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