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


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    • LilMissM
      Can I get a Cifas marker removed?

      By LilMissM · Posted

      Thank you fkofilee First question: what do I do if Monzo close my account? I need an account but no one will touch me with this marker against me. Is there anywhere/any other option that I have if Monzo close my account? MCB is My Community Bank?  Yes What Category of Marker do you have? This is what it says on the Cifas SAR: Application date: 07 December 2023 Date recorded: 09 April 2024 Expiry date: 09 April 2030 Cifas Case Identifier: 15435315 Product relating to the application, proposal, account or facility: Personal Loan – Unsecured Facility: Granted Case type: Misuse of facility Reason(s) for filing: Evasion of payment Financial Loss Value of Loss: £5000.00 When did you raise the complaint? Last night via email Do you have Correspondence / Audit Trails of communications showing that you were in severe financial strain due to an event AFTER you took the loan? I can prove that I had to buy a new washing machine, I have my pay slips showing the emergency tax code and a letter from the tax office after I had spoken with them to get it corrected and of course I can get a copy of my vet bill. And all of this was in the first 2-3 months of 2024.  I panicked. Stupid I know and as you say, I have learned the hard way and I am not in any way denying anything that I have done wrong, but it just feels a bit unfair.  It is what it is I guess and if I have to have it on me forever then so be it. I am just so worried about the bank situation 😕    
    • fkofilee
      Can I get a Cifas marker removed?

      By fkofilee · Posted

      If it is MCB    National Fraud Database Members | Preventing Fraud Losses | Cifas WWW.CIFAS.ORG.UK A range of organisations use the National Fraud Database to share data on confirmed fraud cases, preventing over £1 billion in fraud losses every year.   They are on the register  
    • fkofilee
      Can I get a Cifas marker removed?

      By fkofilee · Posted

      Hi @LilMissM   I guess you could call me our resident CIFAS Specialist - Personally have been through all of what you have and now have come out the other side when my marker fell off in May 2023. For a start Monzo may close your account but as I had a Marker for App Fraud (Vodafone ended up making a whole hoohah of the account I had with them) - I was with them and still am from Oct 2017 till today. And not once did they close my account. I actually spoke to a couple of current account providers at the time that I had accounts with - Nationwide and Barclays - Told them what was going on and provided all the evidence to them. They advised they may do so but it was highly unlikely now that they understood why it happened and what I was doing to fight it.    Anyway - On to your marker. MCB is My Community Bank?  I can say to you that on experience that On Monday you can be on top of the world then on Tuesday you whole life changes in a flash of an eye. Suddenly you cant pay your bills, Work isnt feasible and you are left with no other choice but to scrape by.  If this has happened to you, then join the club.  - Why is this important? Well Financial institutions get one whiff of potential fraud and you are guilty without a chance to respond. You found out the hard way   If it sounds like I'm waffling, I'm not - Its important to your issue. They have deemed you guilty by the fact that no payments have been made and potentially entered into a loan agreement knowing looking not to pay (Although thats how it may appear, there will always be factors against that)    First off - Questions - What Category of Marker do you have? If unsure, check my signature for a Credit File Guide which will tell you all you need to know about what Categories apply.  - When did you raise the complaint? They will have 8 weeks to respond. More on this in a mo.  - Do you have Correspondence / Audit Trails of communications showing that you were in severe financial strain due to an event AFTER you took the loan?   My next suggestions, Send this complaint to the CEOs office - CEOEMAIL.COM Let them make the decision as per the Complaint Procedure. Then if they refuse to remove the marker. take it to the FOS who can force the company to remove it if found in favour.  Some companies do need a slap or 2 once in a while to bring them down a peg. You could be looking at this right now.   
    • AndyOrch
      Appeal Bundles - Civil Appeals - Parcel Delivery Firms

      By AndyOrch · Posted

      Other case law relied upon " On other record of reasons "
    • BankFodder
      Evri lost my Ebay parcel £844 - court claim issued

      By BankFodder · Posted

      Page 2 – document 10 and 11 – you should include the fact that it is a Law reform commission report. Best to give it its full name if you can I suggest that you move paragraph 10 up to the first position – paragraph 5 and move everything down. I think other than that – it is good to go. I suggest you don't bother to do any more drafts. Simply rearrange the paragraphs as I suggested above then the title of the documents that you are relying on in the index page. Send it off and post your final version here so that everybody can see. I'm sorry about the delay. Thanks for reminding me

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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

      BankFodder posted a post in a topic,

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

PCN - 24 Not parked wholly withing the marking of a bay or space (N.Ireland)

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squirrelnutkin

squirrelnutkin

Posted
Posted (edited)

I got a PCN for parking on the street. The pavement has been removed and replaced with a lowered area which I can only assume is for off street parking but it is not marked as such in any way i.e. no white lines, signs etc. There was a car parked there and I parked beside it (but not obstructing it's exit). Can I appeal the PCN on the grounds that I was not illegally parked because the 'parking bay' which they refer to is not marked? I have parked in the same spot on a regular basis for many years with no PCN.

Edited by squirrelnutkin
oops - spelling mistakes
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green_and_mean

green_and_mean

Posted
Posted

Technically a bay can be bordered by the kerb which looks like the case here. However for the contravention 24 the vehicle needs to be in the bay at least a little bit which appears not to be the case. 'Off street' out of bay parking is a different matter but 'on street' parking outside the bay is never a contravention its parking across the markings that is prohibited (hence the word wholy), if the car is totally outside a different contravention should be used.

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squirrelnutkin

squirrelnutkin

Posted
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Thanks for the advice. To me this PCN is utterly ridiculous. I was particularly irate because I returned to my car to find a ticket on it after walking past an idiot parked on an adjacent street on double yellow lines within a metre of the junction. Was there a PCN on that? Of course not!

 

I'll post the outcome of my appeal.

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squirrelnutkin

squirrelnutkin

Posted
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Arrgh! My other half just got a ticket for parking in exactly the same place.

 

This time they used contravention 26 'Vehicle not parked close to the kerb and not within a designated parking space'.

 

He has photos to prove that he was no more than about 6 inches from the kerb (closer than in the previous picture) - how close do they expect you to park?

 

It is worth appealing again?

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squirrelnutkin

squirrelnutkin

Posted
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Thanks green-and-mean. I've viewed their photos online and the only difference from the last ticket is that the car is actually closer to the kerb!

It appears (given that the ticket was issued by a different 'traffic attendant') that they're just picking a random number from their list to see if they can get some money out of me.

 

I'll post a pic.

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green_and_mean

green_and_mean

Posted
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I would not concern yourself over other cars they may have got PCNs, had a Blue Badge or been loading. The contravention is technically correct as the kerb is at the back of the bay however 'no part of the vehicle' may be 50 cms from kerb and the rear is within 50 cms. It may be a case of going to a formal appeal but the back is certainly not away from the kerb. (assuming yours is the lighter colour car?)

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lamma

lamma

Posted
Posted

"no part of the vehicle is more than 50 cms from the kerb".

it would have to be a very narrow vehicle for that to true such as a bicycle.

have never seen a car narrow enough for this to be true.

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lamma

lamma

Posted
Posted

the 50 cms thing is about double parking I believe. the correct wording should be something like

"The contravention of double parking applies when a vehicle parks on any

part of the carriageway and no part of the vehicle is within 50 cm of the

edge of the carriageway" rather than the nonsensical "no part of the vehicle may be more that 50 cm from the kerb"

 

which is as lcose as I can get to 'not parked close to the kerb' by guesswork. can we see a picture of the ticket - suitably washed of your personal details.

I have to say now that I don't know which regs apply in N.I. ( I know its not TMA). the picture of the ticket will clear that up.

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squirrelnutkin

squirrelnutkin

Posted
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The legislation (as stated on the PCN) is 'The Traffic Management (Northern Ireland) Order 2005 Articles 4 to 17 (as amended)' - if that helps?

 

The PCN says that the vehicle 'was seen in ** Street (Belfast) on (Date) **** From (Time) 13.47 To (Time) 13.49 by Traffic Attendant: ****'

Who had reasonable cause to believe that the following parking contravention had occurred:

26 Vehicle not parked close to the kerb and not within a designated parking space.

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green_and_mean

green_and_mean

Posted
Posted
the 50 cms thing is about double parking I believe. the correct wording should be something like

"The contravention of double parking applies when a vehicle parks on any

part of the carriageway and no part of the vehicle is within 50 cm of the

edge of the carriageway" rather than the nonsensical "no part of the vehicle may be more that 50 cm from the kerb"

 

which is as lcose as I can get to 'not parked close to the kerb' by guesswork. can we see a picture of the ticket - suitably washed of your personal details.

I have to say now that I don't know which regs apply in N.I. ( I know its not TMA). the picture of the ticket will clear that up.

 

Ill let you sort this one out then as you seem to be the 'expert' and I just post 'rubbish' and 'nonsense'.

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