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    • Thank goodness it's not your roof and you get to foot the bill! How big are these bits of mortar? How often are they falling into your garden? Hourly, daily? Just go ahead with your plans, of course, they're not going to be worried by your time pressures and the urgency of the situation, so simply carry on as you would have done and I'm sure everything will go fine. Unless there is a danger to life and serious structural issues which mean you cannot venture into your garden, then IMHO there is little more you can do less for what you have done so already and made them aware of the issue.
    • Hi all!   Thank you in advance for any help you can give me!!    I parked up (at 18:08) in a rush, entered my Reg and paid for an hour of parking. At 18:20 I got a ticket for not paying for parking.    I've just looked at my receipt and noticed why ... I put "22" instead of "21"  when i put in my Reg. yes... what a stupid mistake.    I seem to remember there being a court case or a rule change about entering the wrong reg but the company wasn't at a loss because i had paid for the parking just technically for the wrong car. Am i making that up?    Any advice would be gratefully received, even some key points i have to hit when doing the appeal      
    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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CCA, DCAs and the Unfair Commercial Practices Directive


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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I have been trying to get information from the DCA (Link) that I need (for court case) for some time now and decided to contact the OC today to try to find out what information they still hold. The OC was First National, now GE Money. I was informed that they don't hold any information relating to this account as when the debt was sold, all documentation is then passed to the Assignee. What about the money laundering Act, I thought they were required, even following assignment of a debt, to retain records for a minimum of five years:

 

key documents/application forms etc must be kept until 5 years after that business relationship has ended. This is a requirement of The Money Laundering Regulations 1993, 2003 and 2007.

 

Apparently not though. I was informed that Link are the creditor (this really is a joke, given that Link say the exact opposite). I pointed out that Link are not the creditor, they claim to be the owner with the benefits of the agreement, but not the duties. G E money claimed that this was not the case.

 

I then stated that I would send a S.A.R - (Subject Access Request)'s to GE Money and they would then be legally obliged to respond. I was told that the £10 cheque would be returned, as they don't have anything.

 

Talk about banging your head against a wall!!

 

Still pursuing the TS issue re: Link - some of the managers at TS had a meeting on Monday to discuss my complaint and should receive a response to the outcome shortly.....

 

Magda

 

Never mind which one of them is responsible for keeping the CCA, get the above in writing because it puts Link in the position of being the keeper of the documentation and restricts their attempts of wriggling out of responsibility. Without reading the thread again, it could even show that Link have been claiming they are not the creditor.

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Never mind which one of them is responsible for keeping the CCA, get the above in writing because it puts Link in the position of being the keeper of the documentation and restricts their attempts of wriggling out of responsibility. Without reading the thread again, it could even show that Link have been claiming they are not the creditor.

 

Hi Aktiv, that's a good idea - perhaps I will send a S.A.R - (Subject Access Request) anyway to GE Money, and no doubt they will write back confirming that link is the creditor and as such holds all documentation. It would certainly help in court when Link are claiming the opposite. Many thanks, Magda

Edited by MAGDA
typo
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The letter that Bankfodder has kindly drafted for sending to the OFT regading invalid CCAs in the following link. Can this also be used where it is still the original Credit Card company or their Inhouse lackeys sending the letter . eg Barclaycard/Mercers ?

 

http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/147830-complaint-oft-respect-invalid.html#post1561080

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Then that is what I will do BB :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 weeks later...
Just for clarity the rule that said they commit an offence after 30 days no longer applies, they are still in default of your request, but im afraid it no longer makes them criminals, as of may 2008

 

 

erm how exactly? i thought it just made them creditors??

 

cheers,

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  • 5 weeks later...

Thought I would just give an update as I have mentioned on this thread the complaint I made to Caerphilly TS re: Link Financial. After many months this is their final response:

 

"My understanding is that your complaint against the above company relates to 2 issues –

a) Harassment

 

b) Delays in provision of information relating to your agreements

I comment as follows:

a) Any offence that may have been committed in relation to harassment would have been at the place it occurred. In this instance your home. Consequently your local Trading Standards Service is the appropriate avenue for dealing with this complaint. (Local TS didn't want to know)

b) Delayed Provision

 

At the time of your request remedies and actions for failure to comply with a request for information properly made under S.77 – 79 of the Consumer Credit Act were both civil and criminal.

 

In considering what is the appropriate action, if any, to take in relation to the alleged criminal breach we have taken into account national and local guidelines on

 

· Dealing with traders who span LA boundaries

 

· Factors to be taken into account when considering enforcement actions.

After giving the matter careful consideration we have concluded that it is not appropriate for this authority to take direct enforcement action in relation to your complaint due to a number of factors which include:

- Subsequent provision of the documents (yes, nine months later, after TS intervention)

- The decision and policy making base of the company is not in our area

- The criminal offences no longer exist; the Act having been amended on the introduction of the Consumer Protection Regulations this year.

Consequently we will be taking no further action in respect of your complaint.

 

Just typical isn't it of TS, and of course, Link can carry on now just as before, fully aware that nothing will be done!! So much for all the new legislation, it is all complete and utter rubbish. magda

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Don't get disheartened Magda - there's always more than one way to skin a cat as they say.

 

Look for the positive - you're learning all the time & persistence usually wins the day. :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Don't get disheartened Magda - there's always more than one way to skin a cat as they say.

 

Look for the positive - you're learning all the time & persistence usually wins the day. :)

 

Yes, thanks FG, you're right. I don't intend to let this drop. I did tell TS today that I intend to take it further. It's amazing how it has taken TS six months to basically do nothing. What exactly are they getting paid for? Magda

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Yes, thanks FG, you're right. I don't intend to let this drop. I did tell TS today that I intend to take it further. It's amazing how it has taken TS six months to basically do nothing. What exactly are they getting paid for? Magda

 

TS along with other government quangos are there simply to get paid at the end of the month, and not make waves in the meanwhile.

 

They have no real interest in resolving your dispute, such actions would only serve to make life more difficult for them.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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TS along with other government quangos are there simply to get paid at the end of the month, and not make waves in the meanwhile.

 

They have no real interest in resolving your dispute, such actions would only serve to make life more difficult for them.

 

Yes, starting to reach that conclusion myself. I think they knew from day one that they wouldn't do anything, but they have to appear as though they are doing their jobs, which of course, they aren't. Ah well... back to the drawing board.

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TS along with other government quangos are there simply to get paid at the end of the month, and not make waves in the meanwhile.

 

They have no real interest in resolving your dispute, such actions would only serve to make life more difficult for them.

 

Hmm... could it be they're just copying their masters, the politicians? :rolleyes:

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hmm... could it be they're just copying their masters, the politicians? :rolleyes:

 

Ah but the polititians are taking action.

 

As everyone on this site knows, when you have borrowed so much your up to you neck, the only solution is to borrow some more!!

 

I wonder if Mr Brown will show up at Number 11 one day.:eek:

 

David

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I wonder if Mr Brown will show up at Number 11 one day.:eek:

 

David

 

He's been there already - THAT's the problem!! :D

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Originally Posted by cashins viewpost.gif

I wonder if Mr Brown will show up at Number 11 one day.:shock:

 

David

He's been there already - THAT's the problem!! :grin:

 

Good point, I had forgotten that Mr Brown.

 

Seem to recall he had trouble with his own 'balance' as well prblems balancing the books.

 

David

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as you can see from my signature

 

 

Ray Watson, Director of Consumer Credit, Office of Fair Trading

 

was present and

gave a talk to dca's at the DCA ANNUAL BASH

 

so the dca's simply now have no excuses ..........

 

 

10.20 Legal & regulatory aspects of collections

 

 

:cool: sunbathing in juan les pins de temps en temps

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as you can see from my signature

 

 

Ray Watson, Director of Consumer Credit, Office of Fair Trading

 

was present and

gave a talk to dca's at the DCA ANNUAL BASH

 

so the dca's simply now have no excuses ..........

 

 

10.20 Legal & regulatory aspects of collections

 

 

 

 

 

Ah yes, but he might just have reassured them that the OFT hasn't ever taken any meaningful enforcement action against a DCA, so they can carry on as they are, and thanks for the dinner and all the champagne...

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Ah yes, but he might just have reassured them that the OFT hasn't ever taken any meaningful enforcement action against a DCA, so they can carry on as they are, and thanks for the dinner and all the champagne...

 

Be suprised if anyone heard him as they were all probably in the bar at that point.

 

David

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