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    • You have a minimum of 10 minutes' grace period to find a parking space, read the signs, walk to the stores, later walk back, etc.  There is no maximum.  I think in COVID times when you had to wash your hands thoroughly after consuming food and there was a queue to do so 😉 13 minutes is not excessive and the fleecers' claim can be easily batted off.
    • I offered to read the meter for them based on prepayment of £2400 but they didn't respond.   I also offered to wave the fee for doing so if they send me reasonably estimated bills.
    • Agree completely.  What is disturbing is that VCS actually went for an appeal, the motorists were too lazy to turn up so Simon now has an appeal level verdict in his favour.
    • There were a number of matters that concern me in Judge Saffman's verdict. The first is  that you cannot form a contract with a forbidding  rule. This was not the case in PE v Beavis as it was within the bounds of a carpark where motorists were allowed to park their cars.  Also if a motorist who does stop when apparently they shouldn't is therefore a trespasser and as such VCS cannot sue for trespass only the landowner can do that. Secondly and the Judges in the Beavis case alluded to the fact that while the amount charged -£85- was not a penalty, that had he offence been one of secondary importance then the charge would have been a penalty.To pull off the road for 30 seconds would in most people's view be of secondary importance and therefore a penalty. It is interesting to note that the new Appeals charter for motorists will include mitigating reasons and a tiered system to differentiate between major and minor offences.  On top of that what does a driver do if a pedestrian walks out on to the road. At the moment it looks as if the driver has to run them over since to stop would bring on a fine. That would be ridiculous. And what about a tyre burst or a collision between two vehicles? The Law for the latter  is that you have to stop and exchange details. And there are several other reasons why a motorist may have to stop and none of them would be mitigating. And for every case where a "no stopping" rule has been upheld by a Judge, there have been about  five where the decision has gone the other way.   The Judge paid too much attention to the Beavis case and took its arguments into consideration to justify his reasons when the Beavis case had little similarity to the no stopping case which was confirmed by the District Judge who staed that the two cases "were substantially different on the facts".  
    • Ok I sent off my letter to Gladstone and MB, now the waiting game. I showed MSE and National Consumer Service my letter before claim response and the majority people were not impressed with my letter.   But after reading this quote on CAG, it feels like the next best approach regardless: ''No, it is not a joke reply. The more you show these con artists respect the more they will try to fleece you. Don't fill in their Section D. Treat them with contempt. They're not the police or the council, they have no right to this money and they know it.''   I still feel I've made the right decision but I feel doubtful at times with the wide amount of different opinions people have approaching this situation on the MSE and National Consumer Service forums.   (When I put in p.e.p.i.p.o.o it auto corrects to National Consumer Service)  
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
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Does anyone know if this is a valid CCA?


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You can reclaim the penalty charges from whoever added them to the a/c when it was "out of order" - I assume this is HBOS.

 

You mention that DCA's may have added charges - this is a different matter. Can you clarify exactly what you mean here.

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You can reclaim all unlawful debits, not just the charges. If the charges were added to total debt, they will have added interets to the charges- this interest can also be reclaimed to reduce the "debt"

 

Same applies to missold PPI charges- if the premiums were added to the total debt, interest will have been added on them as well.

 

Interestingly, doing this could make the whole thing unenforceable, as the interest applied would not be as stated in the prescribed terms.

 

The prescribed terms may indeed be on the CCA, but if they are incorrect, particularly if this is because of miss selling (for that read "deceptive selling") the agreement is fatally flawed and they could be piddling in the wind.

 

And of course, any interest or charges added since the account was terminated is unenforceable anyway.

Edited by noomill060
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Im going down the...

 

"Interestingly, doing this could make the whole thing unenforceable, as the interest applied would not be as stated in the prescribed terms."

 

..route with Goldfish soon. :D

 

They are going to love me- I crucified them by claiming back my charges and contractual interest and also got county court interest at the contractual rate as well.

 

Total charges £595.

 

I was awarded a CCJ against them for a few coppers short of £2000.

  • Haha 1
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Hi, and thanks for your replies.

The charges I refer to were actually added on by blair, oliver and scott. There may be hidden charges too, but it's quite difficult to tell, because the statement of payments was just a printout from a computer. I had thought it would be more like a bank statement, but there you go.

The PPI was added to the loan, so every month I'll have probably paid interest on the loan, on the PPI and a very tiny amount towards the money I borrowed!

I know it's hard to see on the scanned photo, but basically:

AMOUNT BORROWED: £1000

CREDITCARE SILVER: £529.76

INTEREST: £1206.96

TOTAL AMOUNT: £2736.72

Paid in 84 monthly installments of £32.58

 

APR 18.9% It doesn't state whether that includes the PPI or not. I also elected to have my cheque delivered by courier and that cost £40 - but I needed the money in a hurry!

 

I will have to work out these sums when I get home from work - I never was very good at working out percentages on a calculator!

 

Thanks for your help, and good luck with Goldfish! Let us know how you get on?

 

 

:o You can't give a baby booze! :o

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Hi Gin and Milk,

Re: the ppi, its worth going down the FOS route, this is what my OH has done and altho they said it was a goodwill gesture they are willing to refund, we are having a little discussion along the lines of Noomill's posts as FOS keep saying that BOS are allowed to make up a new loan which will be advantageous to him but he has said he does not trust them because the figures they have come up with are very vague, one good thing is that the harassment has stopped due to the FOS involvement.

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Thanks for those replies - I'll do that.

As I've said earlier, I know the amount is small, but at one time these people really, really frightened me - and they knew it.

 

No more Mrs Nice person now though - the gloves are off!!!

:o You can't give a baby booze! :o

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Ooh, very witty - can't stand milk to be honest!!

:D

So, are you saying that you put gin in your tea?

Steven

 

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  • 2 weeks later...

Could someone please help me work out the percentage (apr) rates that are listed on the 'cca' that i scanned earlier in this post? i never was very good with numbers and i just don't know how to work out whether the apr includes the ppi (or even the £40 i paid to have my cheque delivered by courier).

My head is spinning!

:o You can't give a baby booze! :o

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So, are you saying that you put gin in your tea?

 

 

No, I pour it on my cornflakes. At the moment I'm going through 4 large boxes of cornflakes a day. Some may say I'm an alcoholic, but actually i'm comfort eating! :grin:

:o You can't give a baby booze! :o

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