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    • The "grief tech" firms helping users create talking avatars of their dead relatives.View the full article
    • I do disagree with you regarding one thing - we are not very good with letters or these situations and are slow on the uptake. So far you have stood up to Excel and their threats, immediately given us the information in the sticky, done loads of reading up to educate yourselves, learnt from the mistake of outing the driver so you'll know not to do so in the future, got on to the organ grinder to try to get them to call off their dogs, etc., etc.  Good grief - we wish everyone who came here would do this!!! Most people who get these invoices sadly think they have been fined and if they don't pay a drone from Ukraine will be diverted and will fall on their home (or some such vague grand apocalyptic threat) and they fold and give in.  You haven't.  Well done. Don't worry - you won't be paying a penny.  Although it will take some time to see off this vile company.
    • Spot on!  You learn quickly. Who cares if the case gets sent to debt collectors?  They have no powers.  All the effort you will have to put in will be to open envelopes - and then spend time laughing at their daft "threats".  No stress at all!
    • I did ask them why, but seems they have more spare cash than we do .. ;-( .. I doubt their bank would even support a chargeback after a year has passed. Anyway I've constructed my first DRAFT Snotty Letter .. so here goes ..   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you had added. Shall we raise that related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding the ANPR entry / exit periods compared with actual valid parking periods. Especially with no consideration of the legally allowed grace periods and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the issues with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture more useless ANPR photos. We will of course be requesting “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Legal Counsel on behalf of the Vehicle Keeper.  
    • Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!
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Thank You PT that looks fantastic in light of the time i now have should i send this to the court special delivery and do i have to copy that to optima legal ?

 

Regards

 

Pompeyfaith

hang on, not finished yet

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right, each exhibit, attach a cover sheet as follows

 

 

On behalf of: Defendant

Witness: [initials and surname]

Number: [1st]

Exhibits: PF1

Date:

IN THE XXXXXXXXX COUNTY COURT Claim No:

 

 

BETWEEN

[________]

Claimant

and

[________]

Defendant

 

 

 

 

EXHIBIT "PF1"

 

 

This is the exhibit marked "PF1" referred to in the [1st] witness statement of P Faith dated the day of

 

 

 

 

 

 

 

you will need to amend the bits which are marked with PF1,2,3 etc as i did not know your initials so i used your user name instead

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Thanks PT ill get that sent first thing on the 2nd January 09 via Special Delivery

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Good stuff, i have amended a few bits, and i would make sure that you have every thing that is referred to in the statement attached

 

 

you will find the regulations i refered to within in this link

 

http://www.consumeractiongroup.co.uk/forum/statutes-library/27535-consumer-credit-act-1974-a.html

 

you need to make sure the judge has EVERYTHING so that he can see from the authorities themselves and not your witness statement

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Thank you very much PT for putting my Court Case on a straighter line I was totally lost when that came though my door this morning.

 

Happy New Year to you

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Thank You BRW and yes indeed great work by PT with him on board it makes me more stress free.

 

BRW this an open forum so you are more than welcome to use whatever on my thread.

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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PT I've printed of the first two links you gave me but I'm struggling to find any updated info to the consumer credit act if there is any on the link below:

 

http://www.consumeractiongroup.co.uk/forum/statutes-library/27535-consumer-credit-act-1974-a.html

 

I would be grateful if you could point me in the right direction.

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Thank You PT you are a star:)

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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HEHE glad i brought some more printer paper today :D

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Hiya PT and All,

 

Just to let you know I sent that Witness Statement to court this morning via SD and they will get it Monday by 9AM.

 

Thanks for your help and knowledge I don't know what I would of done without your help.

 

Being a full time unpaid carer to my mum in law im finding it hard to keep pace with all this so you help in keeping this on track is much appreciated.

 

Ill post back soon as i hear anything.

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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http://i321.photobucket.com/albums/nn363/pompeyfaith/MBNAAGREEMENT.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/MBNADEFAULTNOTICE.jpg

 

Good Evening All,

 

Could someone have a look at the agreement that i was sent from optima legal and tell me if it would stand up in court personally i don't think it will but i could do with someone telling me where it falls flat.

 

Also if this is all that MBNA can produce am i right in thinking a default should not have been issued against such a poor agreement.

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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erm, didnt i deal with the default notice in the witness statement and out line the defects in it? i really trust you have read and understood the document i posted as it is your witness statement ;)

 

and when people ask questions that have already been dealt with, it worries me as it looks as if you havent read what has been posted

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Yes pt you did and fully understood,but what im trying to work out is exactly where the agreement falls flat apart from clause 8 as the agreement merely looks like an application to me.

 

Regards

 

Leon

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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PT tank you for the help and advice you have been giving me but now im not sure what to do next.

 

I recieved a witness statement from optima legal which was sent to me via the court but now today i recieved another bundle direct from optima legal at first i thought it was just a copy of the same which the court sent me.

 

But on closer inspection it is as optima legal say A SUBSTITUTION OF THE STATEMENT LODGED AT COURT PREVIOUSLY IN RELATION TO THE CLAIMANTS APPLICATION FOR SUMMARY JUDGMENT.

 

What do i do in response to this ?

 

Shall i scan and post it up for you to see.

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Anyone tell me what this means, if MBNA are taking me to court now come the balance on this statement is NIL.:confused:

 

Where has the balance gone ?

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/MBNASTATEMENT.jpg

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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OK all,

 

Having studied all this paperwork for some time and i apologize to PT it looks like optima applied for a summary judgment on the following witness statement:

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT1PAGE1.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT1PAGE2.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT1PAGE3.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT1PAGE4.jpg

 

But the judge turned it down in my absence according to this order:

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/COURTORDER1.jpg

 

Now Optima Legal have submitted another witness statement seeking to get the court to strike it out in there favour:

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT2PAGE1.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT2PAGE2.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT2PAGE3.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT2PAGE4.jpg

 

Where do i go from here.

 

Regards

 

Pompeyfaith

Edited by pompeyfaith
spelling

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Hello Pompeyfaith!

 

I've only had a quick look, but I think PT2537's Witness Statement above is still sound.

 

Their new Witness Statement is just a slightly beefed up version of the last one, but quoting chunks of Rankine to try and big up their pretty lame Claim.

 

They are trying to imply that you are aiming to get off on a loophole, which is a little rude of them!

 

Until PT2537 or Andyorch comes back, I'd advise that you just re-read PT2537's Witness Statement, and read the Case History he's mentioned.

 

Optima are effectively trying to say that anything in the Consumer Credit Act 1974 that doesn't suit them is a loophole. Well, they can go and swivel.

 

I think you are already well ahead of them, so don't worry too much about them trying to swap Witness Statements. It just reveals that they realised their first one was complete pants, and knew they had to make it sound a little more serious. It's not a lot better, it only seems that way at first glance.

 

For reference, below are Paragraphs 8-9 from the Rankine Judgement they are quoting...you may recognise the chunk in purple, as it appears almost word for word in their Witness Statement:

 

(8). The Court heard evidence from representatives of each of the financial institutions involved. Needless to say, most of the evidence involved formally producing or referring to documentation much of which had been electronically generated or produced. Mr Rankine cross examined all these witnesses but I am satisfied that all the information they produced was an accurate contemporaneous record of events and that all the financial institutions followed the standard procedures of the highly technical CCA and ancillary regulations. They are all highly sophisticated financial institutions whose systems and programmes have long since been well geared to the mechanics Consumer Credit Act that has been on the statute book for over 30 years and Regulations of some longstanding and development. Nevertheless, Mr and Mrs Rankine have sought to challenge these procedures and contend that there are loopholes in the Act and the Regulations that nobody else has detected before until they have done so and that this enables consumers to run up debts and not pay for them.

 

(9). It is worth remembering that the context and purpose of the CCA: the Consumer Credit Act was introduced to protect the individual unsophisticated in financial affairs in contracts with unscrupulous and sophisticated financial institutions. It was not designed to help individuals in the financial services business make money out of financial institutions through exploiting its undoubted technicalities.

 

Keep your chin up, things are never as bad as they look at first.

 

Cheers,

BRW

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Thank you BRW i will do as u say i think they r indeed paniking as i now believe they brought this case before they got hold of agreement which is very poor to say the least Regards

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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as i thought PT so the judge will still use my statement against their latest offering ?

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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