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      Excel/DCBL ANPR PCN - Appealed - 5minutes overstay - iceland gravesend

      By FTMDave · Posted

      I do disagree with you regarding one thing - we are not very good with letters or these situations and are slow on the uptake. So far you have stood up to Excel and their threats, immediately given us the information in the sticky, done loads of reading up to educate yourselves, learnt from the mistake of outing the driver so you'll know not to do so in the future, got on to the organ grinder to try to get them to call off their dogs, etc., etc.  Good grief - we wish everyone who came here would do this!!! Most people who get these invoices sadly think they have been fined and if they don't pay a drone from Ukraine will be diverted and will fall on their home (or some such vague grand apocalyptic threat) and they fold and give in.  You haven't.  Well done. Don't worry - you won't be paying a penny.  Although it will take some time to see off this vile company.
    • FTMDave
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By FTMDave · Posted

      Spot on!  You learn quickly. Who cares if the case gets sent to debt collectors?  They have no powers.  All the effort you will have to put in will be to open envelopes - and then spend time laughing at their daft "threats".  No stress at all!
    • AllianceParkingHater
      Alliance Parking ANPR PCN (NTK now LOC) - Appeal Refused - 17min Overstay - Harlyn Bay

      By AllianceParkingHater · Posted

      I did ask them why, but seems they have more spare cash than we do .. ;-( .. I doubt their bank would even support a chargeback after a year has passed. Anyway I've constructed my first DRAFT Snotty Letter .. so here goes ..   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 had added. Shall we raise that 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 the ANPR entry / exit periods compared with actual valid parking periods. Especially with no consideration of the legally allowed grace periods 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 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 issues with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture more useless ANPR photos. We will of course be requesting “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. Legal Counsel on behalf of the Vehicle Keeper.  
    • sprouting
      Moorgroup (Moorcroft?) on behalf of eBay

      By sprouting · Posted

      Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

HFC/Weightmans Advice

mazel01

By mazel01
in General Debt Issues

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rory32

rory32

Posted
Posted

Weightmans have wrote to me and asked me to sign a voluntary charge letter for the outstanding debt I have with HFC. I don't know what to do about it.

Can you please give us some background information on this debt. If they are asking that you sign a voluntary charge on your property then on no accounts should you do this.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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bladeboy

bladeboy

Posted
Posted

Not been on here long and don't know too much but there's no way you should do that EVER!

 

In the templates section I'm sure there's a letter regarding a specific reply to that, there's some civil procedures rules stuff in there too.

 

Matt

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mazel01

mazel01

Posted
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Posted

Took out a personal loan with HFC. All was going ok until last year when I couldn't afford to pay the monthly instalment. Weightmans wrote to me and agreed that I could pay a reduced amount for 6 months then they would review it. I paid the reduced payments for 5 months then couldn't continue to do it. Things have been really bad, I have been ill & one of my parents seriously ill. I hadn't heard anything from Weightmans for months until yesterday. I have already sent HFC a CCA request and recieved a photocopy of my agreement which appears to have all the prescribed terms. I haven't sent a SAR as yet. The amount they are asking for is £19k however if I would have paid all the payments it would only of been paying back £15k. The payment also included £75 month for PPI which I never wanted. If I calculate the payments without PPI cover minus what I have already paid it comes to approx 12k.

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rory32

rory32

Posted
Posted

Okay first of all forget about the voluntary charge. If they were to go for a charging order themselves they would need to get a CCJ first and then you would need to fall behind with any repayment order the court made on the CCJ for them to be able to go for a charging order. Get that SAR sent off and inform Weightmans in writing that the account is currently in dispute (we've got a template for that - I'll have a look for it). Start the process of reclaiming the PPI if missold and any charges on the account (have a look in the PPI forum for additional information on reclaiming PPI). Have you made any repayment proposal on this account in line with your ability to pay?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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rory32

rory32

Posted
Posted

Here we are

ACCOUNT NUMBER: XXXXXXX

 

Dear Sir/Madam,

I refer to your letter of **/**/**, in which you advise of your intention to issue court proceedings with regard to the outstanding balance of my current account overdraft.

As you are aware, this account and the balance thereof is currently subject of a dispute. I can only assume your letter has been sent in error, as you must surely be aware that action such as that you propose would constitute breaches of the banking code. This matter has been discussed in correspondence with your clients ********* department and on **/**/** I received a letter from ********, which acknowledged no such action should be taken on a disputed account and did in fact apologise for previously suggesting otherwise. A copy of the correspondence to which I refer is enclosed for your reference.

Additionally, this action you propose is clearly quantifiable as retaliatory due to my own claim against your client to recover unlawfully levied penalty charges. To proceed as you have indicated would therefore be contrary to the statement of the Financial Services Authority of 6th July 2006 in which it ruled such action to be discriminatory. I also believe this action to be tantamount to a sanction imposed merely for pursuing my legitimate right of seeking a judgement from a court.

I trust your client is committed to upholding the standards of the Banking Code to which it subscribes, and would not hold its regulator, the FSA, in such contempt as to ignore its 6th July statement.

I will allow you 7 days to reply to me, in writing or by Fax only, withdrawing the threat of action imposed in your letter of **/**/**. If you do not do so, I will draw your client’s transgressions to the attention of the Financial Services Authority and the banking code standards committee, by making formal complaints and enclosing copies of all recent correspondence.

I look forward to your prompt response.

 

Yours faithfully

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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mazel01

mazel01

Posted
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Posted

Do I send the SAR request to Weightmans or HFC? Also they mention a deadline in the letter to sign the voluntary charge, what happens to that?. Finally once I send the SAR in to them can they still continue with there legal action or do they have to answer me first?

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rory32

rory32

Posted
Posted

Do I send the S.A.R - (Subject Access Request) request to Weightmans or HFC?

HFC.
Also they mention a deadline in the letter to sign the voluntary charge, what happens to that?.
Forget about it.
Finally once I send the SAR in to them can they still continue with there legal action or do they have to answer me first?
They could continue (although they shouldn't) but as I stated earlier it would be for a CCJ which you can defend on the grounds of missold PPI and charges. Even if they got a CCJ against you you can apply for a time to pay order where the judge will make on order to pay based on your disposable income.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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rory32

rory32

Posted
Posted

Once again I'll ask you, have you made any repayment proposal on this account in line with your ability to pay?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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mazel01

mazel01

Posted
  • Author
Posted

Thanks Rory. You mention disposable income. Well I lost my job last year and am now in the process of starting my own business. At this moment in time I don't have any disposable income. What would happen there?

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rory32

rory32

Posted
Posted

Basically if you have made a repayment proposal in line with your ability to pay and provided a list of your incomings and outgoings to support this then they are not going to prosper by getting a CCJ against you. First of all a judge wouldn't be overly impressed at them doing this and secondly they would receive no more than you are currently offering - in some cases the amount that you would pay monthly would actually be reduced as the court may view that your payments were too high.

Thanks Rory. You mention disposable income. Well I lost my job last year and am now in the process of starting my own business. At this moment in time I don't have any disposable income. What would happen there?

I would suggest that you try and make some sort of payment. Even if it is only one pound per month, this shows a willingness to repay the debt.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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mazel01

mazel01

Posted
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Posted

Ok, just to recap.... I send the SAR first thing tomorrow to HFC to see what charges have been added to the account & ignore Weightmans letter regarding the voluntary charge for the time being. I presume that Weightmans have added on huge fees and thats why this balance is so high. Can those fees be removed when I receive the SAR?

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rory32

rory32

Posted
Posted

I would also ask for a statement of account from Weightmans (this is free and should show their charges). The only charges they can add are court costs. They can not add any collection charges apart from this. As they have not been to court they can not add any charges at all. Initially ask them to remove the charges in writing, if they don't you can file at court against them.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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rory32

rory32

Posted
Posted

Not really. You just need to ask them for a statement of account.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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rory32

rory32

Posted
Posted

Have a read through the stickies in this forum http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 1 month later...
mazel01

mazel01

Posted
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I sent off my SAR to HFC but haven't had a response yet. Weightmans have sent me a statement of account.....really strange though! Balance outstanding shows £8000 but there letter refers to £18000 and that is the figure they say I need to pay

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mazel01

mazel01

Posted
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I have spoken to Weightmans and simply asked the question of why does the statement show £8k but they are asking me to pay £18k.....there response was, we will get back to you!!!

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