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    • as you mention the bpa sounds like its a scummy private car park lot blue badges mean nothing on private land anyway.............. so a failure to display something that is meaningless on private land anyway is a money grabbing scam moved to the private parking forum dx dx
    • who is it from  a council or a private parking company?
    • As per the heading, received a parking charge for failure to display a blue badge in a disabled bay on a retail park.  I am a blue badge holder, disabled/wheelchair user with a Motability vehicle. I received the charge as 'notice to keeper' I was not the driver. I don't have a valid driving license so use a carer. The notice arrived a week after the alleged incident. It states that as the 'driver' failed to pay the charge in full  hence, it is now the keepers responsibility ( the notice was dated 2 days after the alleged infringement and as no notice to driver was on the vehicle, I don't know how they expect the driver to be able to either pay or dispute the charge if they are not aware of it) Anyway, really looking for help how to reply. I cannot remember if the badge was correctly displayed or not. Photos taken of car miss a bit where I store my badge if not displayed so it would be possible to see a badge even if not 'correctly displayed" . It was a bit of a sh**ty day weather wise, gusty and raining  (as seen on the photos which reminded me of the actual day) so it is possible that badge blew to the floor as the driver was helping me out of the car into wheelchair. There is no windscreen photo showing that a PCN to "Driver" was stuck on the window either. The car park is free. There are no Parking Signs at all near the disabled bays that one could read to adhere to any terms and conditions. The whole row of disabled bays - of which are there many only state badge holders ( does not stipulate Blue Badge Holders) The notice states that the parking company is a member of the BPA and Operating in accordance with the British Parking Association's Code of Practice. The BPA, section 19.1 State that at least one parking sign should be near the disabled bays, in a position that can be easily  read by by a disabled person without leaving their car in order to decide to be bound by such terms. We returned to look for signage on the retail park and could not find one sign that was near the bays. The only sign we could find was high up on a pole but not near the bays. Someone had to get out of the car and stand on tip toes to be able to take a photo of a sign. I would be grateful if someone could help or point me in the right direction. It is now  15 days since the alleged incident and 7 days since I received the notice.
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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HSBC/NCO & now IND**WON**


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My Bank charges claim is currently on hold due to the current court case, The account was defaulted by HSBC several years ago and virtually the whole sum is made up of bank charges that I am reclaiming. I have just carried out a credit search and discovered that NCO have a default registered against me for the account ( I Vaguely remember them sending me a letter a few years ago) although nothing from HSBC. Can anyone suggest how I should go about getting this default removed please?

 

I Posted the above in the HSBC Forum a while ago.

 

Since then An Interesting twist to the tale. I have spoken to HSBC who have confirmed that they told NCO about the dispute and that NCO have put the account on hold, I also spoke to NCO who confirmed that the acccount is on hold. Yesterday I received a County Court Claim form from IND for the same account????

 

Again spoke to NCO who inform me that yes the account is on hold due to the amount being in dispute and that they had told IND this and not to take any action.

 

Any advice as to how to deal with this bunch of Muppets (although I'm sure using that term in this context is probably doing the Muppet fraternity a dis-service).

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Would I be right in saying that if HSBC had issued a default notice for the whole amount of my overdraft and that I have now placed a claim for a majority of the O/D as unfair charges the original default notice would not stand as it contained a sum that is now in dispute?

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ok....firstly you MUST defend the county court claim, otherwise they will win by default, you have to acknowledge the claim within 14 days of receiving it, then you get a further 14 days to get your defence in.....I would also send off for the CCA too from IND....be warned they might tell you on the phone that they are stopping it BUT YOU NEED EVERYTHING IN WRITING !!

 

send them this letter reproduced courtesy of PT

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

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Just spoken to D&G Solicitors who have informed me that they have been in contact with NCO asking why this action has been taken when the account is in dispute. NCO have told them that their parent company (FV-1/Morgan Stanley) have an arrangement with HSBC wherby they can pursue the undisputed amount of an account that is in dispute ie if the balance was £10 pounds and i was claiming £5 in unfair charges they are allowed to pursue the remaining £5.

 

In my mind this raises 3 questions:

1) I thought DCA's were not allowed to pursue disputed accounts under OFT guidelines, if this is the case can they pursue the undisputed portion of a disputed account?

2) if they they are only pursuing the undisputed amount why does the calim form demand the full account balance?

3) should I now take further action with my charges claim and issue court proceedings against HSBC which (although they will be stayed) will enable me to add Stat interest to the account which will, in turn almost remove the balance between my claim and the Balance of the account.

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That's like me saying I have an agreement with my best mate to disregard what is the law and we'll go out and beat up people in the street....

 

You are right about the OFT....

 

You state that the claim is made up entirely of charges

 

I would make a counter claim against the CCJ plus your full costs....

 

And yes take the HSBC charges as far as you can at this stage....

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Right, I have today submitted a complaint to the FOS with regards to NCO's actions, Submitted a complaint to Consumer Direct, filed my acknowledgement of service and sent the request for information letter.

 

Anything else i need to do? apart from have a pint!!

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  • 3 weeks later...

It looks like they aren't up for the fight PB !!!!...realising that it could cost them to pursue you !!! i've asked a more learned cagger to give an opinion....he is very busy, but incredibly good at these legal aspects so as soon as he gets a chance I am hoping he will come along....

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