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    • That I get, but still confused about some of the advice above. On the one hand, I'm told that IGNORE IGNORE IGNORE no longer applies (in most cases?). And on the other, I'm advised that I might have shot myself in the foot by filling in their appeal form. Both cannot be correct.
    • Hi, hope that you can help with the PCN detailed below, unfortunately I have entered into correspondence (appeal) and identified the driver, hope that this doesn't have too much of an impact! On 26/05/2024 the driver entered the ANPR controlled car park to park but was unable to find suitable parking due to the car park being very busy. This took 11 minutes according to Wise ANPR details, this was due to other vehicles looking for parking and impeding the driver's progress. This has been appealed to both Wise Parking and IAS and the appeal has been rejected by both; unfortunately, the driver has been identified on the appeal. Note: the appeal response from Wise was not received until 04/07/2024, wise state (after me chasing) that it was sent by email on 17/05/2024 but this was not received and not in junk mail. I have completed the form below and attached correspondence (post and email) as a single pdf Please let me know if you need anything else.   1 Date of the infringement 26/05/2024   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 29/05/2024   3 Date received Around 04/06/2024   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  Y   5 Is there any photographic evidence of the event? Y   6 Have you appealed? [Y/N?] post up your appeal] Y Unable to find /access details of my appeal to Wise, however I will have revealed the identity of the driver My appeal to IAS: You completed the appeal on 06/07/2024 23:38:42. The car was not parked on this land. The reason for this was that there were no available parking spaces. I drove the car around the car park a few times searching for a space but was unable to obtain a space due to it being busy. I then left the car park without parking, I therefor did not make use of their facility or have the opportunity to check their terms and conditions as I did not leave the car. The appellant made their response on 08/07/2024 09:52:52. As I did not park due to lack of opportunity a "parking" charge is not appropriate. As can be seen from the ticket, I was only onsite for a few minutes which backs up my assertion that I did not park. No evidence has been provided that I did park, only that I entered and left 11 minutes later.   Have you had a response? [Y/N?] post it up Y   7 Who is the parking company? Wise Parking   8. Where exactly [carpark name and town] Chapel Point, Chapel St Leonards   For either option, does it say which appeals body they operate under. IAS   If you have received any other correspondence, please mention it here I have received a response from both Wise and IAS rejecting my appeal     Wise Parking PCN - 26-05-2024.pdf
    • You mean the mediation Service. It's not from the court  Offering a date and time?  Dx   
    • Equivo are applying for an interim charging order although I know why they want to do this, I find it to be very unjust and needless in my point of view! and don't know why there is a continuing need to harrass me with a Charging Order. No payments have been missed since the order was made and a total of £360 paid to date The debt amount has not been reduced as they keep adding interest, the original debt was £1500 it now stands at £1700 The judgement didn't order a payment plan but we have agreed to one and for three years they have accepted my payment...not sure if that relevant? Also I live with my partner and they have sent her the same as she has a 50% claim to the property how can I stop this? many thanks Webbs   Interim Charging Order Creation Finance Old Flybe Card.pdf
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    • If you are buying a used car – you need to read this survival guide.
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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.

      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
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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
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Lowell Portfolio I default.


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Hi guys

 

This is my first post so if its in the wrong place I apologise.

 

The problem is Lowell have issued a default on my credit file, it states that it is for a credit/store card, I have never had a credit card or store card with anyone!

 

I have spoke to them on the phone and they state that it is actualy for an old T-mobile contract. I did have a T-mobile contract a while back so thats fine.

 

The problem is that T-mobile never issued a default on my credit file but lowell have! And it is obviously incorrect, whats more they dont care! they said on the phone that if I dont pay NOW I will be in court!

 

What I would like to no is:

 

1.Can DCA's issue defaults? (are they members of CIAS)

2.Are there rules that they have to follow? I.e. Should I have receved a default notice?

3.What is the best course of action for me? I.e. Pay then send S10?

 

Any advice would be a big help.

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1.Can DCA's issue defaults? (are they members of CIAS)

 

Yes they can issue defaults if the have bought the account.
2.Are there rules that they have to follow? I.e. Should I have receved a default notice?

Yes you should have received a default notice. The default notice is your opportunity to remedy any breach of contract.
3.What is the best course of action for me? I.e. Pay then send S10?

Well if you don't owe them anything why would you pay? It is for them to prove that any debt exists, not for you to disprove it. Information needs to be recorded accurately on your credit file, this is the cornerstone of The Data Protection Act. Initially I would just send them a simple prove it letter and see what they come up with if anything. Send it recorded delivery. Template below.

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

Furthermore I note that a default has been added to my credit file by yourselves regarding this account. Please remove this immediately or I will have no alternative but to report the matter to the Information Commissioners Office.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

Please also consider this as an official complaint.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

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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I have spoke to them on the phone and they state that it is actualy for an old T-mobile contract. I did have a T-mobile contract a while back so thats fine.

 

How long ago did you have this T-mobile contract?

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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