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    • Hi. Thanks very much for taking the time to read and respond to this post. I was a CAG member many years ago under a different username and I think it was you that helped me then, with a few DCAs. Thankfully, with help from this forum, that's all behind me now. Anyway, as far as this issue is concerned; the only reason that I contacted the manufacturer is because they just would not deal with me at all unless I did so, so even though I knew they were in the wrong (and I told them so many times, quoting CRA2015) I just thought that it might make it easier if the manufacturer would put it in writing that there is a fault. To be honest, at the start of all of this I assumed that Currys were still the excellent retailer that I was used to and have been using since I can remember. I don't really know when they started, but I am pretty sure that I have been buying from them since the 80s (a walkman I think - showing my age there!) although I hadn't done so more recently. I honestly thought that when the manufacturer confirmed that there was a fault Currys would do the right thing. I am shocked at how terrible they have become. I have attached my LBA. I downloaded the template for this from the Which website. It's slightly different to the last time I used an LBA, against a car dealer. There's a bit in there about Paypal. Unfortunately I used Paypal, in hindsight I wish I had used a credit card because I could probably then use section 75 (another thing I learned from CAG a few years ago).  Again, I didn't foresee any problem with Currys because of my history with them. lba currys.docx
    • once your debts were defaulted , paying or not or paid or not the defaults are there for 6yrs. you've been had blind..     which toward going to stepchange was the biggest mistake you made.
    • There's one other card for just over £400 in my credit file. Three of the cards were taken out end of 2017 or beginning of 2018. The largest amount. That card was probably taken out early 2017 or sometime in 2016.   I've battled with a life long drink problem. Mixed with periods of heavy in the most part recreational drug use. I've been told I have mental health problems but nothing officially diagnosed.   I was made officially bankrupt 15-20 years ago. Not long after the year was up I started borrowing again because it was offered to me. I again reached the point where it all got out of control. I didn't have the money to declare myself bankrupt again so I just ignored it. A while after the 6 years were up I was offered another card and that was that.   I start out with good intentions of building my credit file back up. But then my 'issues' kick in and it all goes wrong. Addictions aside. I have a problem with spending money. I always have.   Basically no financial company should lend me money. That is blatantly obvious from my credit history and spending patterns on previous and the aforementioned cards.   I might have some more smaller debts not on my credit file. But to be totally honest I wouldn't know. I was too out of it to know or care.   Rather surprisingly given my credit history as  far as I'm aware this is the first time I've ever had a ccj against me. As I mentioned earlier not knowing much about bailiffs was my fear. Life is a lot easier for me if I can't borrow or have access to borrowing money.
    • Well done on referring to the consumer rights act. You're absolutely right, you are within 30 days and you have the right to reject it out of hand and to insist on a refund. Have you asserted your right in writing? If not, do it immediately. Do it by email and confirm by letter – referring to the email. It's essential that you do this now. Well done on having issued a letter before action. Please can you post it here in PDF format so we can have a look. On the basis of what you have told us, – in particular if you have evidence that you have asserted your right to reject, then there is absolutely no reason why should loose. However, to reassure you on the point of costs – your maximum risk factor is your own costs of bringing the action, the hearing fee if it goes that far – and their reasonable cost of travel if it goes that far and if there is an in-person hearing. Most hearings nowadays are conducted on the phone. Other than that there is nothing else to lose. The only slight point here that they could leverage is that you appeared initially to concede your right to reject by taking it to the manufacturer. I don't understand why you did this. I don't understand why you would pay good money for a brand-new machine and then accept the fact that it needed to be repaired. However, I don't really think that this will stand against you. It would have to be very unusual judge who would accept this. You need to understand that – especially with companies like Currys – whose customer service is extraordinarily bad – you must stand absolutely on your rights, give no ground – no prisoners. They will be merciless with you – any concession to them is simply giving ground. Let's see the letter of claim. Have you started preparing your particulars of claim? We can help you with that as well.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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I have had (bad) experiences with this outfit and I thought I would share those here.

 

Briefly in terms of the facts, I was driving a friends car and had it clamped in an area of Bow, East London where there was not any signs showing I couldn't park there. It turned out that the signs had been pulled down. My friend paid in cash for the release to the tune of £235.

 

In the eyes of the law, where there is no sign prohibiting parking, the clamping is illegal, as the driver/owner has not consented to the risk that his/her car may be clamped (Vine v London Borough of Waltham Forest is the relevant authority). Having discovered this, I felt it was worth the fight and so I disputed it with Parking Control Services in the first instance and received their computer generated response telling me to seek legal advice. I actually happen to be a trainee solicitor and so I followed this through to the Courts.

 

I issued proceedings in the County Court and Parking Control Services didn't even bother to file a defence. I obtained judgment in my favour, naively thinking at the time that I would get my money back. However the following is crucial to anyone thinking of chasing these cowboys:

 

1. Don't be fooled by their smart website and fancy EC2 postcode. This is a PO Box address.

2. Their registered company address is some obscure address up in Park Royal, North London. This is likewise a shell outfit.

 

One further point, it may be prudent to check out the company before you begin on the long process of suing them. If the company has a whole host of County Court judgments against them, they probably won't pay up yours either, so its worth doing a search against them. This can be done online at www.registry-trust.gov.uk for a fee of £8.

 

Any questions on this, I'll do my best to respond and clarify.

 

A salient warning. This is the reason myself and others recommend sueing the clamper and landowner jointly. Obviously it pays to check both. But it is easier if you get the judgement against the landowner as they have something tangible (i.e. the land for the car park) that can be "seized" and sold and used to pay any judgement.

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One further point, it may be prudent to check out the company before you begin on the long process of suing them. If the company has a whole host of County Court judgments against them, they probably won't pay up yours either, so its worth doing a search against them. This can be done online at www.registry-trust.gov.uk for a fee of £8.

 

Any questions on this, I'll do my best to respond and clarify.

 

NB: Please do not directly rely on this as legal advice. The above is intended as helpful guidance and the writer accepts no responsibility for any inaccuracy or any losses that this may incur.

 

 

..which is why it is always recommended to sue the clamping firm AND the landowner jointly. You are far more likely to get your money back from the landowner.

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  • 2 weeks later...

Hi

I am delighted to be writing to you

I have had the same saga as you

I have a lot of useful info' that I could pass on but not on here as "they " might be reading these posts and I dont want them to know all I know

Write to me with your latest news and I will tell you mine

[EDIT]

Cheers

andrew

Edited by Rooster-UK
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With all respect to adunlop, it is always advised against anyone engaging in private e-mails with another member unless they know the member to have been a member for a long time with a history of good advise.

 

adunlop is a new member, and although may be well intentioned, it has been known that PPCs join as "helpful" members, but simply want to get members with a current problem to write to them giving out valuable personal details which can then be used in a possible court case.

 

If adunlop can offer helpful info here in the forum board it will be most welcome, but I would advise against anyone going "off board" for advise which cannot be verified by other members as being good.

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Words of wisdom, Crem.

 

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Hi Crem

Just to say it is not "advice " I have but INFORMATION These are different things. How can I put information on here that which might be seen by the Company that we are trying to get our money back from. They will see it and take steps to thwart us maybe. Also what is a PPC?

cheers

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Parking Control Services Limited (registered company number 06043819) is not the same as "Parking Control Services" who I was unfortunate enough to deal with.

 

Parking Control Services is their trading name, their company is Magnaco Ltd, Registered office: 7-11 Minerva Road, London NW10 6HJ Registered in England & Wales No: 04809559.

 

As a footnote to this whole ordeal, I would love to hear from anyone who has also had a successful judgment against Parking Control Services. If £750 is owed to debtors, it is enough to make an application to court to wind up the company. If I could find enough people who are also owed money, I would consider looking into making such a joint application to finish their operation and get our money back as secured creditors. It is not something I have looked into extensively, but its the only option I can now think of to get my money back!

 

This may be unlikely, but if you have got a judgment against them then please contact me and we can see if we can take it further still!

Hi,

I have obtained a CCJ for £1500 against them which HCE bailiffs are trying to enforce. I did pay by card so have considerable evidence.

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Hi,

I have obtained a CCJ for £1500 against them which HCE bailiffs are trying to enforce. I did pay by card so have considerable evidence.

 

 

See if you can get the bailiff to seize their PC and printer first. They may not be worth much, but just think how many other people will be greatful that you single-handly stopped them receiving more [problem] mail. :-D

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See if you can get the bailiff to seize their PC and printer first. They may not be worth much, but just think how many other people will be greatful that you single-handly stopped them receiving more [problem] mail. :-D

 

:-D:-D:-D:-D:-D

Please remember our troops, fighting and dying in our name. God protect them.

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I am in Purley

I got clamped in Bow E3

I am trying the credit card route - see if they can persuade company to pay

I am trying to find items of value -has anyone seen a warehouse? They have a van delivering parking stuff Where does it park at night

Court have sent me a copy of Court Judgement as well as the company so am considering finding Mr Gill or Mr Ireland Director of Magnaco / PCS

and hassling them for the money they owe.

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I am in Crystal Palace They appear to operate from the Crawley area. I also have one of the addresses where clamped cars are taken. Happy to help find Gill or Ireland. am using credit card route may get address where that is registered at.

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I have got Irelands address in Crawley Let me know if you want it or want to go there some time. Its a medium sized detached house backing on to park land in a culdesac judging by Google Earth. I spoke to him today through the PCS free phone number and he confirmed he lives in Crawley. He refused point blank to pay me even though I have a Court Order! and said he personally is not liable due to it being a Limited Company and the company have no assets I said I would try to have Credit Card status removed and have written to HSBC Mastercard. I am thinkiing of copying the letter to all the other main cards so they might do the same. Without cards who can pay them (him) Ireland. I have Gills address in Iver Bucks confirmed with Electorial Role. I know Ireland was the contact 2 years ago when a Housing Association had a contract with them so he seems to be the leading light so far. I suspect he works from home as all the offices are bogus Why do you think they operate out of Crawley? where is their car pound? They might store their vans there overnight.

Edited by adunlop
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This is why it is worth suing the PPC AND the landowner. Trying to make the judgement stick against the landowner would probably be much more successful.

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This is why it is worth suing the PPC AND the landowner. Trying to make the judgement stick against the landowner would probably be much more successful.

Absolutely right. At the very least the landowner has land the car park is situated on to lose. They are hardly going to want to have property seized for a small debt.

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Did a bit of digging and have also now found ireland's address. According to Crawley Council he was granted planning consent on appeal to use the garage as an office to run a wheel clamping business including parking vans! I have advised my HCE bailiffs. I have also advised Barclaycard who are sending forms.

 

I have a problem suing land owner as my car was stolen and left on a PCS site by the thieves. it was then then taken to a pound (breakers yard) in Dorking by PCS. I don't therefore know where it was left originally! PCS would not give it back unless i paid their ridiculous fee.

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I would be careful approaching ireland in person. I get the impression that he may not be too helpful. The wheel clamping guys I met to get my car back were on the generous side!

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Thanks for the warning but........I am thinking a few of us go or have a Demo day down in his cul de sac with a few posters saying what a dodgy operator he is ie he has no proper offices and that he works at home and does not pay his debts. We could make it a summer party and we might find out a few things from his neighbours in our quest to get our money back. There is also the tax and VAT route I am checking if his BMW M5 is a company car as Bailiffs could seize it if it is. Any other ideas gratefully received

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:)If he's operating under limited liability then its worth finding out from Companies House what that amount is. AIUI if the company is capitalised with say £1000 the shareholders are personally liable to up to that amount.

 

Might be worth a look. You might be able to use it to grab his Beamer.:)

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I have copy of accounts for 07 and 08

Authorised shares are 1000 @ £1 each = £1000

"Alloted, called up and fully paid 1 ordinary share of £1 each = £1"

I dont know the difference and anyway how do you find who the shareholder is or are? - I guess its ireland as he has signed the accounts

At another place it says Called up share capital £1

Profit and loss account £114112

Shareholders funds £114413 Again dont know how to interpret these figures Help please

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I have copy of accounts for 07 and 08

Authorised shares are 1000 @ £1 each = £1000

"Alloted, called up and fully paid 1 ordinary share of £1 each = £1"

I dont know the difference and anyway how do you find who the shareholder is or are? - I guess its ireland as he has signed the accounts

At another place it says Called up share capital £1

Profit and loss account £114112

Shareholders funds £114413 Again dont know how to interpret these figures Help please

 

The details should be held by Companies House. The company officers are the people you need. (Director(s) and Company Secretary). By law the company must make an annual return listing these people and contact addresses for them.

 

I've think I've got some information on the allocation of shares which I will try and find when I get home tonight and post up.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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