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    • No, do the section 75 chargeback to your credit card provider.
    • See what dx thinks but it seems to me that sending a photo of your own pass isn't relevant to what happened. Let's wait and see what he says. HB
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    • Many thanks for the replies and advice!   I what to send this email to the Starbucks CEO and the area manager. Your thoughts would be appreciated.   [email protected] [email protected]   Re: MET Parking PNC at your Starbucks Southgate site   Dear Ms Rayner, / Dear Heather Christie,   I have received a Notice to Keeper regarding a Parking Charge Notice of £100 for the driver parking in the Southgate Park Car Park, otherwise infamously known as the Stanstead Starbucks/McDonalds car park(s).   Issued by: MET Parking Services Ltd Parking Charge Notice Number: XXXXXXXXX Vehicle Registration Number: XXXX XXX Date of Contravention: XX.XX.XXXX Time: XX:XX - XX:XX   After a little research it apears that the driver is not alone in being caught in what is commonly described as a scam, and has featured in the national press and on the mainstream television.   It is a shame that the reputation of Starbucks is being tarnished by this, with your customers leaving the lowest possible reviews on Trustpilot and Trip Advisor at this location, and to be associated with what on the face of it appears to be a doubious and predatory car park management company.   In this instance, during the early hours of the morning the driver required a coffee and parked up outside Starbucks with the intention of purchasing one from yourselves. Unfortunately, you were closed so the driver walked to McDonalds next door and ordered a coffee, and for this I have received the Notice to Keeper.   It is claimed that the car park is two separate car parks (Starbucks/McDonalds). However, there is no barrier or road markings to identity a boundary, and the signage in the car park(s) and outside your property is ambiguous, as such the terms would most likely be deemed unfair and unenforcable under the Consumer Rights Act 2015.   I understand that Starbucks-Euro Garages neither operate or benefit from the charges imposed by MET Parking. However, MET Parking is your client.   Additionally, I understand that the charge amount of £100 had previously been upheld in court due to a ‘legitimate interest in making sure that a car park was run as efficiently as possible to benefit other drivers as well as the local stores, keeping cars from overstaying’.   However, this is not applicable when the shop or store is closed (as was the case here), as there is no legitimate interest. Therefore, the amount demanded is a penalty and is punitive, again contravening the Consumer Rights Act 2015.   As the driver’s intention of the visit was genuine, I would be grateful if you could please instruct your client to cancel this Notice to Keeper/Parking Charge Notice.   Kind regards
    • I received the promised call back from the Saga man today who informed me that the undertakers have decreed it IS a modification and they will need to recalculate a quote individually for me. However it all sounds very arbitrary. The more I think about it, and with help from forum replies, the more I am sure that it is not a modification. If for example the original seatback had become damaged by a spillage or a tear, I would be entitled to replace it with the nearest available part. The problem is when it comes to a payout after an accident, there is no telling what an individual insurer will decide when he notices the change. I am still undecided which of the two best routes to go with, either don't mention the replacement at all, or fill in the quote form without mentioning, and when it comes to buying the insurance over the phone, mention it at the time.
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Delayed Car Insurance payout caused CCJ - Any Advice Pls.


Don4071
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In 2004 my husband reported to our insurance company that he had a slight accident with another driver, who happened to be driving their company car.

 

Shortly afterwards my husband got sick with depression. The company who owned the other car hadn't been paid for the repairs by our insurance company and decided to come after us for the money.

 

Eventually they got a CCJ against my husband - and shortly afterwards our insurance company (who by the way are Norwich Union) paid the repairs.

 

I alwasy thougth that once a CCJ was placed on our file that that was that, we wouldn't get it removed for 6 years. However having recently learned that some CCJ are removed upon particular grounds I thought I would ask you fine gurus what you thought and if anyone had any help, advice , guidance or anything really to help.

 

Many thanks.

NatWest

Data Protection Act Letter - 06/08/2006

Statements rec'd 14/9/2006

Preliminary Letter sent - 27/9/06

LBA - 18/10/06

Claim with Court - 31/10/2006

Got until 14/11/06 to acknowledge.

7/11/06 Received ltr offering full settlement minus

interest + court costs

12/11/06 - Rejection sent

17/11/6006 - Natwest Acknowledged

4/12/06 - Rec'd Natwest Def (Cobbetts)

5/1206 - Rec'd partial offer (Cobbetts)

THE WOOLWICH

Data Protection Act Letter - 06/08/2006

List of charges rec'd - 04/9/2006

Prelimary Letter sent - 06/09/2006

Response - 'fully investigating' - 11/09/2006

Claim with Court - 20/10/06

Acknowledged - 20/10/2006

Defence by 17/11/2006

AQ to be returned - 11/12/2006

Court Date - 14/02/2007

**SETTLED IN FULL**

CAPITAL ONE

**SETTLED IN FULL** 3/11/06

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  • 1 year later...

Do not fear...Salvation is here!! haha

 

i have just got my credit report and it has a ccj due a car accident and insurance not paying out in time...its satisfied now but still on my record...so.....with the insurance company being inept and the court not really helping, I called Experian....all you need to do is get your insurance company to write a letter with all the court details, including case number, date, amount etc, and then also your details, and it must state that they were liable for the fees not you...it will then be removed!!! I hope... :)

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brill thanks. will c how we gets on

NatWest

Data Protection Act Letter - 06/08/2006

Statements rec'd 14/9/2006

Preliminary Letter sent - 27/9/06

LBA - 18/10/06

Claim with Court - 31/10/2006

Got until 14/11/06 to acknowledge.

7/11/06 Received ltr offering full settlement minus

interest + court costs

12/11/06 - Rejection sent

17/11/6006 - Natwest Acknowledged

4/12/06 - Rec'd Natwest Def (Cobbetts)

5/1206 - Rec'd partial offer (Cobbetts)

THE WOOLWICH

Data Protection Act Letter - 06/08/2006

List of charges rec'd - 04/9/2006

Prelimary Letter sent - 06/09/2006

Response - 'fully investigating' - 11/09/2006

Claim with Court - 20/10/06

Acknowledged - 20/10/2006

Defence by 17/11/2006

AQ to be returned - 11/12/2006

Court Date - 14/02/2007

**SETTLED IN FULL**

CAPITAL ONE

**SETTLED IN FULL** 3/11/06

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  • 6 months later...

ime a little confused

so a letter was sent to experian with the court details and a letter from the insurance co saying not me guv,

and the ccj was deleated from your credit file

 

poppy cock

 

not being nasty so dont take it the wrong way

 

a ccj is a court judgement and gets registered with the registry trust, as its a public document, it gets reported to the credit ref agencies

 

the only people that can remove a ccj from your credit file are county court judges through a set asside hearing

 

the credit agencies have a legal obligation to show this info

 

if i am wrong i will be the first to put my hands up and say sorry but as a rule the cra just stick two fingers up ref complaints

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Firstly not taken the wrong way....I was shocked too and may have negated to put a few inportant bits of info.. Firstly, My insurance company (who were responsible for the debt) had to write and send a cheque for £75 to the court stating that it was indeed they who were responsible for the debt. - So CCJ removed by court.

secondly, the insurance company had to write to each credit agency (experian, equifax and call credit) who them removed the CCJ. All this was the advice of creditexpert and my creit and score on all 3 sites now show in the fair-good category.

 

I have recently had a loan approved and my credit card interest rates have lowered.

 

does this make it easier to understand?

 

Scarletboyambyth

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also, if you call experian and explain that its a CCj incurred due to late insurance payout, each reference agency has protocol for this as it is apparently quite common. Please by all means call and ask them in regards to their criteria. I am not a regular poster on this site but i see that you often help people (kudos) on this site and may be able to pass on this info in the future.

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  • 1 month later...
  • 3 years later...
Hi All, Just an update: THe FSO has adjudged the insurance company to be at fault and although after much leg work I had it removed, they are now to pay me compensation or circa £1000 - Result!

 

It really is bad that a silly little amount like £1000 could even be suggested for the grief it causes.

I was placed in a very similar situation and I would have no reason to accept less than 10 times that figure.

The costs caused to me in relation to not being able to gain credit are even close on 20k.

Being in business my credit line was all important and having this ability to gain credit at a fair rate was more so again.

Now losing that credit line and good rate on already used credit meant I was placed in a rising rate and not small rises but 5% jumps on apr overnight basically and with capping and sopping of allowed crediting.

Lost £8k in credit line and inability to make planned purchases of new vehicles to keep us covered from mechanical issues with 3 yrs cover. Guess what I had to buy used which I had got away from whilst growing my business.

And 9k later I have 2 broken vans both requiring another £1500+ to get them back usable now that is in 15 month only.

The CCJ was there for 2yrs 6 months now gone and now if I had the money to put the deposit down I could get new but because the ccj was there I had to buy used and that was deposit money all gone.

Now without the ccj being there i would have gained the credit at 5% flat rate and paid over half the vans off and still been 6 month left on warranty. Beggars belief how the insurance companies are allowed to get away so cheaply when they really mess peoples lives and business's up. They gave me an interim payment which I reluctsntly took with express outining this had no bearing on my claim for damages and they said they would pay me out by taking the law firm under professional misconduct as they had not acted correctly on behalf of BRIT insurance now riverstone. Guess what happened they said we are not doing any more and basically write to the FSO.

Pay large money for insurance then they rip you off.

I hope to succeed in getting a fair amount to cover my extremely effected life for nearly 3 years.

I am still too scarred to apply for credit in fear of rejection.

As rejection will knock me back again.

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Unlawful default has now been set at £10 k

 

Could you point me/provide a link to that legislation Postggj?

 

Regards

 

Andy

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Sorry, it was 8 k awarded. NOT 10

 

http://www.scotcourts.gov.uk/opinions/A187_04.html

 

 

121. In these circumstances and standing such a recent decision where the claims appear to have been treated as being capable of existing together, I find that the pursuer is entitled to an award for the general damage to his credit in addition to an award in respect of the actual loss flowed sustained. Having regard to all the circumstances I consider that an appropriate award would be £8,000.

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At the discretion of the Court and that particular DJ and that particular claim...nothing set in stone.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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And a Scottish court, not English

 

But i would think that case can be referenced in any damages claim

 

Not particulary...this one tried :- http://www.consumeractiongroup.co.uk/forum/showthread.php?321174-how-to-take-legal-action-against-hsbc&highlight=Durkin

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Thanks for the link

 

Supreme court hearing on 28th Jan 2014, according to Richard Durkins twitter feed.

 

A bit late in this case but at least we will have closure through case law in the new year. With that appeal, speculation and uncertainty will end once and for all

 

Good luck Richard

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