Jump to content


  • Tweets

  • Posts

    • Items for sale include five rare Ferraris and a pair of Air Jordan sneakers signed by Michael Jordan.View the full article
    • TECHZONE BUXTON LTD overview - Find and update company information - GOV.UK FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK TECHZONE BUXTON LTD - Free company information from Companies House including registered office address, filing history, accounts, annual... thread title updated. dx
    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • 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
        • Like
      • 161 replies
    • 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
        • Like

Advice Please! - SD received from Lowell/RED but credit files are CLEAN!**WON**


PossVox
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5621 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Cheers CB,

 

They are in default by 12+2+8 days right now and I have a date at court for set aside of SD coming up soon.

 

Should I wait for the 30 days before sending the letter you suggested?

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

  • Replies 162
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

OK, thanx agin CB, will do!

 

I presume my local County Court will have written to RED to inform them of the Set Aside hearing?

 

What's really making me angry is the fact that they are totally ignoring my letters!!!

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

 

Do these cretins only send post OUT? Do they EVER read post that comes IN?

 

Advice anyone?

 

 

The answer to the first question is yes. They are first and foremost a telephone call centre and the mail is mass produced computerised crap.

 

The answer to the second question is no. Post which contains Cash/Cheques/PO's will have the amount noted against any reference or account number but it's highly unlikely the letter will be read, unless the account has been 'flagged' i.e litigation in progress, in which case the mail will be passed to whoever has the company brain cell that day, or if they are unavailable someone with an IQ in double figures.

 

The fact they haven't even bothered to respond shows just how seriously they take all this themselves.

 

Play it safe just in case, but don't lose any sleep over it. I think you have more chance of being elected Pope next week than seeing them in court.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

Link to post
Share on other sites

Thank you dannyboy, that's reassured me somewhat!

 

I'm popping down the post office in a minute to dispatch the Curlyben letter just to cover myself.

 

I'm filing all letters in a folder to take to court with me and I'm pretty sure the judge will take a dim view of the scare tactics used by this crew!

 

 

Do you know if RED have a legal obligation to respond to the CC re the Set Aside hearing? Surely they can't ignore the County Court?! :eek:

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

 

I'm popping down the post office in a minute to dispatch the Curlyben letter just to cover myself.

 

Yes of course, I didn't mean don't bother to send the letter, just that the office junior who opens it at the other end will be looking for dosh rather than bother to do what is essentially the telephone part of it all, unless they are 'expecting' you.

 

It's important you do things right and prepare for the worst - even though it will probably not happen.

 

Banks and their henchman usually DO ignore the courts. In a case like this the first step is Small Claims, not try to crack a hazelnut with a sledgehammer. ;)

 

Don't let them get to you, and take heed of what CB and the gang have to say.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

Link to post
Share on other sites

Thanx as ever dannyboy,

 

The amount they claim I owe them is less than £1800, is almost certainly statute barred and is now in dispute as no CCA provided so I know they're urinating in to a stiff North-Westerly!!!

 

I'd have been absolutely terrified if it wasn't for you wonderful folks here :D

 

I'll keep at them!

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

I just sent the IN DISPUTE letter 1st class recorded.

 

If the account is officially in dispute i.e. no CCA supplied, does that mean that Lowells can't proceed with the bankruptcy demand?

 

Sorry, just having one of those "weak" moments! :o

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

They will more than likely ignore you and procede but you will then have a deafece of a unenforcable CCA.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Thanks GodMother,

 

They've totally ignored me so far so I don't suppose there's any reason to expect that'll change anytime soon.

 

I presume an unenforcable CCA is a COMPLETE defence? It looks unlikely that any paperwork is going to surface at all.

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

Hot foot back from court.....

 

 

Lowell didn't turn up for the hearing nor did they provide any other statements. Judge looked in disbelief at the correspondence to and from them. Questioned their competence and legal knowledge in a polite manner. Not impressed by the use of Without Prejudice on letters that didn't quaify for such protection.

 

Set aside the SD and awarded costs against Lowell. This covered all our expenses in fighting them.

 

Success!

Link to post
Share on other sites

Possvox...don't forget to claim back your costs (write them on a separate sheet of paper to present them to the judge !!!! 2 hours consultation with a solicitor @ £150 per hour !!! + postage !!!! my feeling is Red won't turn up !!! even if they did you have a watertight case as it stands....!!!

Link to post
Share on other sites

Hi ForumReg!

 

Thanks for the update and WHAT FANTASTIC NEWS!!!

 

:D:D:D

 

WELL DONE!!!

 

I'm so pleased you've got a result

 

I'll let you know what happens with me next week

(The same result I hope!!!):???:

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

Hot foot back from court.....

 

 

Lowell didn't turn up for the hearing nor did they provide any other statements. Judge looked in disbelief at the correspondence to and from them. Questioned their competence and legal knowledge in a polite manner. Not impressed by the use of Without Prejudice on letters that didn't quaify for such protection.

 

Set aside the SD and awarded costs against Lowell. This covered all our expenses in fighting them.

 

Success!

 

Excellent news :)

 

I love the good news stories, especially when it's Lowell on the losing side!!! :-D

 

Well done.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

Link to post
Share on other sites

Possvox...don't forget to claim back your costs (write them on a separate sheet of paper to present them to the judge !!!! 2 hours consultation with a solicitor @ £150 per hour !!! + postage !!!! my feeling is Red won't turn up !!! even if they did you have a watertight case as it stands....!!!

 

I would love to hit Lowell where it HURTS... in other words, their wallet... but I've only consulted CAG and no need for a brief!

 

Would I be able to claim for costs of postage, stress caused to me and mine etc.?

 

Any costs awarded go directly to another CAG donation...

 

:)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

Thats great news:) i hope i can get a good result

 

Hi marjie!

 

Fingers crossed for you!

 

I'm sure all will be well...

 

Keep me posted please and I'll do the same! :)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

Will do:) received letter today off red i suppose thats the next thing ,what next? i caint wait for the day i get them off my back :)

 

Me neither! Haha!

 

They're really winding me up!

 

If you don't mind me asking, what did their letter say? Was it a standard threatening type?

 

They sent me one saying I'd ignored the Statutory Demand even though they've been notified of the set aside hearing and I CCA'd them and they haven't had the courtesy to acknowledge either!!! :evil:

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

Hi possvox i have posted the letter up on my posts have a look what do you think? :)

 

Hi,

 

Just read the letter, talk about 1-way-traffic!!!???

 

They obviously just churn junk mails out 24/7 and don't bother to read ANYTHING that comes in to their threat centre!!!

 

This is what makes me so ANGRY:evil: about the Leeds Losers!!!

 

GRRRRRRR!!!

 

Anyway, we'll see them off me and you, just like forumreg and ODC and the rest!

:D

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

Possvox - ref costs. While our Judge was sympathetic, he did scrutinise our costs to make sure they were realistic. He is not allowed to award compensation for stress etc.

 

If you're not represented by a Solicitor you have to work your costs up based on the standard "litigant in person" rate which is £9.25 per hour. This supposed to include for costs of postage, stationery etc. Itemise them, ie. 2nd March Prepare letter / CCA request 0.5 hours @ 9.25 + £1.46 for potal order etc.

 

If you have lost income (time off without pay at a higher rate) tell the judge and have a second version of the costs sheet that uses that higher rate.

 

Don't claim for a solicitor if you haven;t evidence to back it up.

 

Mkae sure you take copies of any recent letters that weren't in your and show these to the Judge with an explanation of how they had ignored your reasonable requests.

 

Good luck

Link to post
Share on other sites

Thanks for the info forumreg,

 

I'll do my sums!

 

:)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...