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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (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 PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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Is this an enforcable agreement MBNA help urgent please *** WON ***


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Hi people,

Im quite new to this and in a right state, MBNA made a money claim against me 4 months back which i then requested a true cert copy which they didn't respond to the case was then stayed, I have today now received a letter from eversheds stating that they have supplied the agreement i signed, default notice served, statements of account and notice of assignment, They have also kindly stated that they have applied to the court to have the stay lifted and given me seven days to respond.

 

The agreement supplied is blacked out top and bottom with just the slip on bottom of agreement where i signed "please sign this form and return to us" part.....

 

It also states crdit agreement reg by cons cred act 1974, There are no terms and conditions on it just the data protection part and the following:

 

please issue a virgin credit card to me. i confirm that the information given is true and complete, i have recieved a copy of and agree to be bound by the virgin credit card terms and conditions and i understand that i am responsible for paying any balances due on my credit card account.

 

Then there is a right to cancel part then states this is a credit agreement reg b cons cred act 74 sign only if you want to be legally bound by its terms, my signature and date,,,,,,,,,Also there is a stamp on it with a signature from mbna and date..

 

Please advise what i could do or am i buggered and will have to bite the bullet, I am in dire straits at present and fighting a losing battle with regards to debt due to being a victim of a con man.

 

Your help will be greatly appreciated.

 

Thanks in advance.

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Is there any chance at all that you can scan in the agreement, default notice and notice of assignment (editing your personal details and account numbers out).

 

The more information people have the better they are able to help you.

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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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It sounds like MBNA's standard tear off slip, which isn't enforceable, but it would be better if we could actually see the agreement so we can't confirm this.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Sorry, the images are too small.

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 months later...

Any further contact from MBNA, clivey ? :)

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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  • 4 weeks later...

Hi all,

I have got a court date next friday and need someone to varify that this agreement for a credit card is legal, Also is it right that they can raise your interest rate 4 times in a year from 12% to 18 % to 22% then 24.5% when your already in dire straights?

 

If this agreement is legal then i accept i have no case and will arrange repayment options with the provider and your help will be greatly appreciated.

 

I have noticed that these maybe a little blury, I am desperate need for advice here and will email the origonals to whom whoever can advise me on this please.

 

http://i38.photobucket.com/albums/e140/spurs111/img002.jpg

http://i38.photobucket.com/albums/e140/spurs111/img003.jpg

Edited by clivey888
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Hi Clivey

 

Thats all you have you only posted some T&Cs?

 

Regards

 

Andy

We could do with some help from you.

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thanks for the quick reply sorry noticed that i added it twice the same one, i have amended now, If you cant read it private me your email and i will email origonals, I am desperate and mad that they only provided this now.

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Hi

 

There are no perscrbed terms within the signitory sheet therefore its unenforcable and is merely an application not a CCA1974 agreement.

 

I trust the above helps

 

Regards

 

Andy

We could do with some help from you.

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sorry for being a pain but can you explain idiot proof please, explaining perscrbed terms, I dont want to waltz into a court stating that and then being made an idiot, Also could you read the copy ok as i thought they had terms on them?

 

Thanks in advance.

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CCA RULES FOR PRESCRIBED TERMS

CONSUMER CREDIT ACT

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

 

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

 

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

 

The Prescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

 

Which of these applies to you depends on the type of agreement you have?

 

For a Running Account (credit card) agreement

 

BC and D Apply

 

For a Restricted Use Debtor Creditor Supplier

  • Where the dealer is the supplier and the creditor is the one providing the finance.
  • The money can only be used for the purpose it is given.
  • There is no interest on the purchase (the cash price is the same as the total price)
  • And there is no advance payment

A is applicable

 

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

 

A and B apply

 

For a Hire Agreement

 

B is Applicable

 

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreements executed before that date.

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Thanks again, How should i go about this, Should i write a letter to the solicitors staing what you told me as i have spoken to them on the phone and they state that we will disagree as it states on there by my signature that this is a credit agreement and only sign if you want to be bound by its terms.

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Thanx 42nd Man

 

Ok were your signiture is there as to be perscribed terms to render the agreement enforcable.

What are the perscribed terms :-

 

Credit limit / APR and % / payment due date amount to pay

 

Also the T&Cs must be within the 4 corners of the signitory sheet or refered to as overleaf/attached or on the revese of the signitory sheet.Which ever they must be linked in some way to your signiture otherwise your signed agreement as no terms and conditions for you to be bound to or agree to conform to.

 

I trust the above helps

 

regards

 

Andy

We could do with some help from you.

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What would you suggest be my next action, I am in a bit of a panic here as the court date is next friday, what do you suggest i put in a letter if advised to? And what to state to the judge next friday?

 

Sorry for being a pain in the arse here your help is greatly appreciated.

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Hi Clivey

 

You state you are in Court next Friday is this a Hearing?

What stage are you at in your case have you submitted witness statements?

What does the DJ state in the order for you to attend?

 

 

Andy

We could do with some help from you.

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It states that the district judge has allocated the claim to the small claims track, and the hearing will take palce on the 7th november, I have not issued what my defence will be as of yet and noticed that it says that each party shall deliver and to the court office copies of all documents he intends to rely on at the hearing no later then 14 days.

 

Am i buggered or do i still have a chance.

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Im a tad confused Clivey:confused:

How have you got to a hearing without submitting a defence?

How has it been allocated to SCT without a defence?

What was the Claimants P.O.C?

 

 

Andy;)

We could do with some help from you.

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In the questionare i stated that had not rec information req so was unable to submit a defence the next thing i rec was a letter stating what i stated to you on the 12th sept, Since then i have had a operation in hospital, police invistagting a fraud against me to the tune of 30k and another claim against, So as you can see i have been quite depressed and totaly have my back against the wall right now. I admit that i have dragged my feet with this somewhat maybe buring my head in the sand but have somehow managed to get the courage to at the 11th hour to fight this.

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the claimants poc is the defendant entered into a credit agreement on such date and a copy of terms and conditions attacched, under clause 1.4 the terms on the reverse of the agreement the defendant was obliged to pay a minimum payment due date shown on the relevant statement, Defendant did not comply with default notice.

 

Will i still be able to contest this even though i have not submited a defence yet and 9 days before date, given the unfortuante circumstances i have and currently going through.

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Ok Clivey sorry to hear you are having a hard time of it all.

Ok in your AQ did you request any directions or make an order for any other docs? i would summise not as this is SCT and therfore limited to the DJs discretion.

Is this claim from the original creditor and did you ever recieve a Default Notice if not and from a DCA have you ever recieved a NoA (notice of assignment?

What other docs apart from the Agreement have you requested?

 

Andy

We could do with some help from you.

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