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    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
    • RE: EC261 Compensation   It's normal they won't have asked you to contact them . Your initial rescheduling was obviously done by a bot - and there was no human to notice the mistake, as far as the bot knew your scheduling was perfectly normal so there was no need to ask you to contact them.   As long as that was done 2 weeks in advance the carrier's liability to notify you is fulfilled.   (You could have contacted them there and pointed out that the new schedule was impossible. Unfortunately you didn't. Claiming you didn't notice is not likely to work in your favor)   The bot who sent you the 24h confirmation didn't notice the mistake either, obviously.   At some point a human or another bot finally identified the problem and that's when they called you. As far as they are concerned neither you nor them had noticed the scheduling mistake and they took it on them to notify you so you don't have a bad surprise when you try and check in.   However as far as I know, neither flight was delayed or cancelled. You could have taken both flights, if you had the power to be in two places at the same time.   So I don't think there is any scope to claim for EC261. But claim forms are free so feel free to try.     Then, you can certainly make an old fashioned claim (directly to BA)   What could perhaps play in your favor:   It's the carrier's responsibility to ensure that they don't sell you a ticket where the flyer cannot meet the minimum connection time or MCT.   This situation mostly applies to situations where the flyer doesn't know and gets caught. For example say you connect at LHR and you are given 35 minutes to connect. This may look just fine to an unsuspecting tourist, but in reality there is practically zero chance to make the connection, therefore the airline is liable here for selling you this ticket resulting in you missing your connection   In your case though it could be argued that even an unsuspecting tourist should be able to tell that it is not possible for them to depart 5 minutes prior to disembarking and therefore that you should have checked your notification more carefully.   The fact that the bot allowed such a glaring mistake to happen is certainly an argument in your favour shall you decide to make a complaint.     What doesn't play in your favor:   The airline obviously did their best to get you to your destination as soon as they noticed their mistake. They offered you more than one alternative (the first alternative would have got you in time at your destination, but you declined) and you then accepted another alternative, and fully travelled the ticket. That is a very strong position for them.     What did you lose and what do you intend to claim for?   You took the overnight connection so obviously you had to stay at an airport hotel. Is that correct? Did you keep the receipt for your hotel and meals?   You certainly should have asked them on the phone when negotiating your re-route that they provide a hotel. Within 20hrs of the flight it's something they would most probably not have denied to you (but airlines will generally avoid offering off the bat. Why lose money when a customer is just going to roll with it and pay for their own stay anyway, right?). After the fact it's going to be a lot more difficult to claim.   I do certainly think it would be reasonable to try and write them a polite but firm letter to claim for that. Not 700 euros, not damages and hardship and all that jazz, just the extra expense you incurred following a scheduling mistake that they made (that should have never happened) and that they didn't notice until way too late in the day , with your categorical inability to leave 3 hours earlier (you had very important business meetings or something critical, it certainly wasn't just convenience) and the extra costs incurred, and asking that they kindly provide compensation for the hotel and meals, which you feel it was their duty to offer you and you are politely disappointed that they didn't, and thafully you happen to have kept all the receipts. Put Alex Cruz on copy for good measure.   No guarantee but I feel it has a fair chance of success. Most probably you will be offered a heap of Avios instead of cash. It's then up for you to decide whether you want to accept that. Personally I wouldn't bother going further, but that's just me. See if anyone here disagrees, and do let us know what you decide and keep in touch with how it went.            
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Statutory demand for credit card debt(bankruptcy)Help!


Lapos
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Hi All,

 

First things first what and incredible forum this is i have fell upon and it's great to see so many selfless people willing to help without a hidden agenda. This is my 1st post and a cry for urgent help i'm afraid.

 

I have just come home to a "Statutiry demand under section 268(1)(a) of the insolvancy act 1986"Debt for liquidated debt payable immediately. form 6.1 for £2696. This is from an old credit card debt with MBNA, is now owned by 1st credit(finance)ltd but the demand is being made by connaught collections uk ltd on 1st credit's behalf. This debt is an old debt from a bad period of my life. I tried making effort to resolve this last year but got fed up with being shoved from pillar to post.

 

Now, i certainly cannot afford to be associated with a bankrutcy as I'm a registered FSA Mortgage Advisor now and could lose my licence to trade, so this has got to a point of major concern. I am very tempted just to call up and pay it tomorrow even if it does leave me skint as i'm so worried but on the other hand i'm sure they don't have the original credit agreement as i applied for it twice last year so feel quite compelled to fight these gits but am very afraid of getting the bankruptcy order and am not sure where to start. Any help from the pro's on here would be more than appreciated as i just can't afford to get this wrong!

 

Many thanks to all

 

Lapos

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Was it sent by first class post?

 

Do you own your own home?

 

when did you open the account (roughly)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi Tom,

 

Many thanks for taking the time to reply.

 

-It was sent second class i think(franklin stamp for only 36p on an a4 envelope)

 

-No i dont own my own home, it.s in my girlfriends name.

 

Account was opened early 2003 roughly, unfortunately and strangely there's not an acount on my experian file.

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Hi Tom,

 

I'm up at 6 am tomorrow so i'm afraid i must now retire. So please don't think i'm rude if i don't reply to any further posts tonight but again i'd like to thank you and i hope i can pick up with you tomorrow.

 

Many thanks

 

Lapos

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First things first get a CCA into Connaught to prove they even have the legal right to demand payment on this account. They are well know for this tactic.

 

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

Next have a good read through this thread and start preparing your set aside.

You have 18 days to get this process started.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112326-debt-collection-agencies-statutory.html

Be VERY careful whose advice you listen too

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As you do not have property in your own name, it is highly unlikely they will actually go down the bankruptcy route, this is very likely to be a scare tactic. Certainly send the CCA request as previously mentioned. I would also like you to complain about their actions to The OFT and The FOS. You must exhaust their internal complaints procedure first, you can ask them to provide a copy of their policy which they need to make available to you in accordance with The Consumer Credit Act 2006. Please do follow the complaints route up, there is a *real* reason why this is important.

 

If any other 1st Credit / Connaught Stat Demand receiving folks are reading this I would like you to do the same.

 

our complaints procedure and how to complain

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Hi ben and Sequenci,

 

Thank you both for replying.

 

First things first get a CCA into Connaught to prove they even have the legal right to demand payment on this account. They are well know for this tactic.

 

Ben,

 

Would i send CCA to Connaught or 1st credit as they own the debt and connaught are just the collectors?

 

Sequenci,

 

I'm all up for exhausting the complaints procedure but on what ground should i complain? (sorry i know that may seem like a stupid question but as i said before i just don't want to get this wrong!)

 

Regards

 

Lapos

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CCA who ever is demanding payment, so in this case Connaught.

Leave 1st credit out of the picture until they contact you.

 

The grounds for your complaint are that Connaught are abusing process by "serving" this SD on you without following the proper procedures.

They are well know on CAG and else where for this activity.

2nd class mail is NOT a recognise method for service of legal material !!

Be VERY careful whose advice you listen too

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Hi Ben,

 

ok, thank you very much, i'll get on with the CCA now then, recorded delivery i assume?

 

Would it be fair to say i'm best getting on with my set aside request now as well? and should i start the complaints procedure staight away but post the compalint seperate from the CCA?

 

Thanks again

 

Lapos

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2nd class mail is NOT a recognise method for service of legal material !!

 

We've argued this before and the Insolvency Rules are quite ambiguous about it. The thing is, the creditor would have to be able to PROVE that the SD was served on the debtor, just saying it was posted wouldn't wash if challenged.

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Brilliant, CCA letter is now done. Starting complaint straight way.

In relation to the statutory payment for the CCA am i OK to send a cheque or is it safer to send a postal order?(as it doesn't have my bank details on it) Also i have read on this site that i should not hand sign the letter, would both of you guys concur with that view?

 

Sequenci,

 

By starting a set aside request does this not help the prove that the SD was served as I'm acknowledging receipt?

 

Many thanks

 

Lapos

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Hi Ben,

 

I'm just writing my complaint letter but need More of your help (sorry!). You said my ground for complaint is that Connaught are abusing process by not following proper procedure in issuing a SD. The problem is i don't know what the correct procedure should be which meas 1) I'm not confident in presenting my complaint 2)it's gonna make for a short complaint letter!.

i would be very grateful if you could give me rough guide to the procedure they should have followed or possibly post me a link to a thread that explains more about this.

 

Many thanks

 

Carl

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Here you go this should help: Legal Issues Explained - Statutory Demand

 

Basically Connaught should of given you some warning that this was likely to happen.

They then should of attempted to make an appointment with you for service in person. Service by mail is a last resort and, due to the fact they must prove it was served, is normally meant to be recorded 1st class mail.

Now in this case, with normal 2nd class mail they have no way to prove you ever received this SD.

Be VERY careful whose advice you listen too

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Thanks Ben

 

i did receive one letter prior to this from conaught on 12th of Feb that said if i did not reply to this letter in 7 days the SD would be issued does this change things?. Also going back to my previous post, is me putting in a set aside request acknowledging receipt of SD and therefore helping connaught's case?

 

thanks

 

Carl

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ok i see. right, i'll stop bombarding you with questions(for now anyway!) and get on with the complaint letter and reading the editorial you linked me.

 

Thank you very much for your help and i'll post again with an update.

 

Thanks

 

Carl

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OK firstly a huuuge apology as i said i would leave you alone for now but I've just read that article on the UK insolvency helpline that you posted me and it's got me worried again!

 

My area of concern is as follows:

 

Many creditors are so shrewd that use various internet websites to let the banks, credit reference agencies and other public interest groups to publicise the statutory demand which can be disastrous for someone.

 

When is a statutory Demand a threat?

A statutory demand is something to worry about if your debts are over, say, £1000.

If your reputation is at risk by the public finding out about the statutory demand process being started against you

 

This is what I'm worried about as i said earlier because I'm now a registered mortgage adviser. The SD clearly work as i am thinking of paying it somehow! is an SD a public record that they can put on your credit file etc as stated in the quote? i just can't afford for that to happen.

 

Thanks

 

a worried Carl

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OK firstly a huuuge apology as i said i would leave you alone for now but I've just read that article on the UK insolvency helpline that you posted me and it's got me worried again!

 

My area of concern is as follows:

 

Many creditors are so shrewd that use various internet websites to let the banks, credit reference agencies and other public interest groups to publicise the statutory demand which can be disastrous for someone.

This relates to companies, not to individuals.

When is a statutory Demand a threat?

A statutory demand is something to worry about if your debts are over, say, £1000.

If your reputation is at risk by the public finding out about the statutory demand process being started against you

 

This is what I'm worried about as i said earlier because I'm now a registered mortgage adviser. The SD clearly work as i am thinking of paying it somehow! is an SD a public record that they can put on your credit file etc as stated in the quote? i just can't afford for that to happen.

Nope.

Thanks

 

a worried Carl

 

Unfortunatly, just logging in from the library so I'll help more latter tonight but the FIRST thing to do is send a consumer credit agreement request (the template is on the forum). Send it by special delivery. Do not sign it, and send a £1 postal order with it.

 

Second thing is that you really do not need to panic at this stage. Don't contact them by phone. Wait a little while, and see what the credit agreement request turns up.

 

It is really VERY unlikely that this "stautory demand" would lead to a bankruptcy petition, because issuing such a petition costs around £1,100 whereas a stat demand improperly served costs 36p.

 

Bankruptcy petitions are normally reserved for people with assets such as homes, where the creditor would recover more money than the petition. Or for people who owe certain taxes.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi Tom,

 

Thanks for returning to this. So an SD can not be displayed publicly(credit file etc) or other lenders be informed of it etc???

I have written the CCA but should i amend it to also request the deed of assignment and statement of account before i post it or is the credit agreement enough for now? I'm guessing the more i ask for that they don't provide the stronger set aside case i have, would you all agree?

 

Many Thanks

 

Carl

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Hi all,

 

I trust your all well?........good:) ! OK, a bit of an update and a bit more advice please guys.

After sending the CCA letter to Connaught i have received a very speedy reply from them indeed.

 

They would have received my CCA request on Monday the 3rd and this reply letter was typed the same day it basically reads as follows;

 

"The content of your letter has been noted. However we write to inform you that our files have now been closed and returned to 1st Credit Ltd.

We would request that all future correspondence in relation to this matter is forwarded to their offices"

 

I called them today just to confirm when they closed their file and it was closed on the same day they received my CCA request, the 3rd. Now i can't understand why they have closed the file while there is an outstanding "statutory demand" with 12 days till expiry and closed so promptly upon recieving my request?????:-?

 

My question to the more experienced guys is; is the SD still relevant and should i still put in a set aside request or is the whole thing redudant? and what should my next course of action be?

 

Many Thanks to you all

 

Carl

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Hello Carl,

I'm in a very similar situation as you, just a few days behind you. I have a credit card debt of well under £1000 inc charges and a DCA have, after a long chase, sent me a SD. I have followed the advice on here and sent them a CCA request. I just hope I get the same result as you. I'll be interested to see what responses you get about whether to continue to get the SD set aside. I guess you don't have to bother if you have it in writing that they have closed the file (as long as the SD was from Connaught and not 1st Credit). Good luck

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hi guys,

 

i agree with you baileyboy but the problem i see with asking for it to be set aside is by doing this I'm acknowledging receipt of the SD where as at the moment they have no proof i received it as it was sent 2nd class post. You see my quandary? Just to clarify, the SD was prepared by Connaught on behalf of 1st credit.

 

 

Anyone Else's views would be much appreciated!

 

Regards

 

Carl,

 

P.s. Best of luck Denver, i hope you get a good result too. from what I've read i very much doubt the would take the SD further than an idle threat if the debt is below £1000 because the associated cost of a bankruptcy petition is more than the debt!

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