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    • If you are absolutely certain* that you were parked OK, write a letter of complaint to the Headteacher and copy in the Chair of the school governors.   If you or the car were identifiable in any way from the photo (eg visible registration number, driver's face etc) I would very politely write that you resent the untrue suggestion that you had parked/had stopped/were waiting in a way that contravened any traffic regulations, and that you are sure that the school will understand that you would like an apology and a correction to be printed in the next newsletter.  (You can also clearly state that you were identifiable from the photo because other parents have mentioned it to you).   See if that works.   You don't want to go to court for defamation as you'll need access to about £10k in fees before you get out of bed.  You just want an apology and a correction.  If what you've told us is accurate, I don't see any reasonable school failing to say sorry.     *My wife is a former school governor and my experience listening to her is that very very few parents actually understand the meaning of the no stopping/no waiting signs and road markings outside schools.  Don't complain unless you are sure you weren't stopped where you shouldn't have been.
    • And they haven't offered a speed awareness course either?  (Have you done one in the last three years or is this in Scotland?)   And is one of the notices for 34 in a 30?  As Man in the Middle says, that ought to be below the level at which they take action.   (And sorry - I don't want to appear preachy - but...  there don't have to be any warnings or signs or lines on the road to advise you of the presence of speed cameras.  If you get away with an exceptional hardship argument you will need to stick to speed limits in future - whether you know there are cameras there or not.  NB Don't know if this applies to you, but most 30 mph limits are restricted roads with a system of streetlighting and don't even need speed limit signs - you are assumed to know this from the Highway Code).
    • It's up to you if you want to pay £300 you don't owe plus whatever Unicorn Food Tax with no basis in law whatsoever that they will have made up in the Letter Before Claim.   We'd prefer you didn't.   But you have received a LBC so it's make your mind up time.   So please    - post up photos of the signage in the dark that you'll have taken two months ago (post 14)    - post up details of planning permission for their signs you'll have found out after you got onto the council, again two months ago (again post 14)    - also let us know if you agree with Brassnecked's excellent letter or if you'd like to tweak bits depending on what you've found out    - upload the LBC.  Some of them are appallingly drafted and invariably contain Unicorn Food Tax which is all useful extra ammo    - also, where are you living now (post 35) and are you comfortable with legal communications arriving at your parents'?   If you look in our PPC Successes thread at the top of the page, you will see 275 times these cheats have been seen off with their tails between their legs (and all had the same "well known legal companies" (ho! ho!) on hand).  In reality 275 times is a massive underestimate, in all 275 cases there was a "moment of victory" IYSWIM where the PPC were thrashed in court or discontinued a claim or were called off by a supermarket chain, etc., etc.  There will have been at least that number again where they were told to Foxtrot Oscar and then crawled back under their stone.  They are eminently beatable but logically when you're in legal dispute you have to put some graft in to beat the other party.
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hi everyone im new here can anyone give me some advise i keep getting final demands from buchananclark+wells for a debt that i know nothing about they say its for someone called scotcall limited which i know nothing about either. i have been sending letters asking what this debt is and for them to send me cpies but they choose to ignore them and keep sending final demands the last one now says they are taking me to court what else can i do paula

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Hi Paula

 

Send them a CCA request and do not anywhere in the letter acknowledge the debt. Put in £1 cheque or postal order and wait and see what happens they have 12 days plus 14 days to provide the credit agreement.

 

Most importantly do not sign the letter and send it recorded or special delivery so you have proof it got there.

 

Heres the template I used

 

Re:− Account/Reference Number **********

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of the credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

Mr A Nnoyed

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Personally, as you say that you don't know anything of any debts, I'd send them a 'prove it' letter here before CCA'ing them:

 

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.

 

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.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name)

 

Print, do not sign, send recorded and keep copies of everything.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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As they have ignored your requests, send a letter asking them to prove the debt is yours to their Complaints Department by Recorded Delivery. They cannot ignore it then and you will have proof they have received it. Make it clear that you are making a formal complaint that previous letters have been ignored and if you do not receive a reply you will make formal complaints to the Financial Ombudsman service and the Information Commissioner.

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As they have ignored your requests, send a letter asking them to prove the debt is yours to their Complaints Department by Recorded Delivery. They cannot ignore it then and you will have proof they have received it. Make it clear that you are making a formal complaint that previous letters have been ignored and if you do not receive a reply you will make formal complaints to the Financial Ombudsman service and the Information Commissioner.

 

Yes, I agree. Use the above letter adding a line about it being a formal complaint as well as a 'prove it' letter.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Guest forgottenone

Hi, Paula. You've been given some very helpful advice. BCW are one of the worst of the bunch. Not replying to your letters is just all part of their psychological strategies. As you may know, common across the board with DCA's. On the whole. But if you start flinging legal sounding things, eg asserting your rights - because they don't want you to know what they are, so exploit things that way - they tend to mostly take notice. If they don't they breach guidelines, can be fined. Particularly the CCA request. And letters where harassment are concerned.

 

Only other thing I would say here is don't ever speak to BCW on the phone. You probably know that, but they will probably send you letters, send you into a panic ie force you to phone them. Only reason I say this is because I know from personal experience the sheer nastiness when BCW are on the phone.

 

Trouble with me was, I didn't know places like CAG existed, nor what they could/couldn't do. Which I do now, of course. Wish you well.

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Forgottenone is right about phoning or if they call you. DO NOT EVER SPEAK TO THEM ON THE PHONE. Tell them very firmly "in writting only", refuse to answer their security questions and hang up.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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I found with them they ignore anything, recorded or not, at least with a CCA you know whether this debt is really yours or not and it gets t hem off your back.

 

Thats just my personal experience with them on two different occasions now, the CCA req shut them up completely

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They don't like Trading Standards either, so a report to theirs and yours might get them moving. Here's TS contact details:

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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hi every one thanks for your advise i didnt expect such quick response and so many lol. I sent a letter to them yesterday saying........

 

Dear sir or madam

I am writing to you regarding your letter dated 27th May 2008. On the 29th April 2008 I sent you a letter regarding this matter, of which I have enclosed another copy for your attention.

You will not be receiving any payments from myself until this dispute is resolved.

If I find that my first letter has been ignored and that this covering letter is also ignored then there is no doubt in my mind I will be pursuing this matter further.

Please be aware that when a debt is in dispute it has either to be passed back to the original creditor or any further action halted.

 

This will be my final letter to you. Failure to take heed of the contents of the letter I have sent you will be at your own cost. You will receive no further warnings.

 

of which i sent recorded delivery . so do you think i should wait and see if i get any response first THANKS PAULA

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Wait for a response...

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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