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    • FTMDave
      Excel/DCBL ANPR PCN - Appealed - 5minutes overstay - iceland gravesend

      By FTMDave · Posted

      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.
    • FTMDave
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By FTMDave · Posted

      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!
    • AllianceParkingHater
      Alliance Parking ANPR PCN (NTK now LOC) - Appeal Refused - 17min Overstay - Harlyn Bay

      By AllianceParkingHater · Posted

      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.  
    • sprouting
      Moorgroup (Moorcroft?) on behalf of eBay

      By sprouting · Posted

      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!!
    • leighb3ta
      Problem with The Sims on Macbook

      By leighb3ta · Posted

      Hi, I have the Sims 4 on Macbook. Over the last year I have paid for multiple add on packs spending a lot of money on them. I bought them all in good faith as my Mac met all the minimum requirements to play them. I have been playing happily for about a year and bought my latest pack just over a week ago. The games were all working fine yesterday. Then suddenly today EA released a new app to launch the games and this new app requires a MAC OS that my computer cannot use. Now suddenly none of my games are accessible and I am unable to play anything. They did not warn us about this change in requirements and if I had known they would be doing this I wouldn't have bought all these add ons as they are now all totally unusable. The games themselves have not changed, only their app to launch them and I can't afford to buy a brand new mac just to play. So my question is how can they change the minimum requirements after I have paid for a game? I agreed to pay for them based on the fact my mac met their requirements and was not informed when purchasing that this would be an issue in the future. I understand new games (like Sims 5 which is to be released next year) might not be compatible but this is a 10yr old game that they have suddenly made inaccessible due to their new launch app. Does anybody know if I can do anything or anyway to get a partial refund from them? Thanks   Here are their T&C... I can't find anything in there about them being able to do this so not sure what to do https://tos.ea.com/legalapp/WEBTERMS/US/en/PC/

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Lowell

JoeTheMan

By JoeTheMan
in Debt Collection Agencies

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JoeTheMan

JoeTheMan

Posted
Posted

Hi

I woundered if someone could help me with a problem that I am facing. I emigrated to Australia back in Jan 2003 with my family and I have been living in Australia ever since and don't plan to come back to the UK (part from holidays).

 

My father-in-law (FIL) received a letter for me (which he had opened) regarding a debt I owe (2,800.00 pounds) from Cahoot. I have not used the card since I have been in Australia (2003/4) and thought I had paid everything of.

 

I am not sure how they got my FIL address but they are getting letters from Lowell even though I have never lived there! He has sent a letter/email about sending them to court as I don't live there.

 

I am not sure what I should do first, I have been reading alot around Lowell and they seem dodgy.

 

First, I need to let them know that I don't live in the UK so they don't hasle my FIL and then try and ensure that I owe this debt.

 

Pleae can someone advise me on the next steps I should take.

 

Many thanks in advance.

 

Regards,

 

JoeTheMan

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babybear39

babybear39

Posted
Posted

Hi JoeTheMan,

 

If you're disputing the whole debt, send lowell this 'prove it' letter courtesy of CB:

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

Amend to suit, do not sign, print your name, send recorded and keep a copy with your postal reciept. Add a line about them breaching OFT guidlines and the CPUTR 2008 by contacting a third party ;)

 

Good luck and best wishes from an Aussie/Welsh lady stuck in Wales 'til graduation :p

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JoeTheMan

JoeTheMan

Posted
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Posted

Thank you!

 

How would this work while I am in Australia?

Do I have to give my real address over here in OZ even though the debt is in the UK?

 

How would this effect the FIL or other family (which I have never lived at, part from as a child)?

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babybear39

babybear39

Posted
Posted

If your FIL or any other member of your family get harassed by lowell, report them to Trading Standards and the OFT fro breaching OFT guidlines and the CPUTR 2008. Your FIL should make a complaint straight away.

 

You don't need to do a CCA request yet. Wait for the reply from the 'prove it' letter I posted above.

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dannyboy660

dannyboy660

Posted
Posted

Why not save yourself a quid and just ignore them?? There's absolutely nothing they can do unless a CCJ already existed before you left the UK, and you were aware of the action.

 

Your FIL has made a big mistake opening your letters and an even bigger one making contact with Lowell. The sensible thing to do, as you don't live at that address, is just put everything through the shredder without even opening it. They could try to get judgement by default if they have an enforceable agreement (highly unlikely) but it won't be worth the paper it's written on.

 

They are a third party with whom you have never had an agreement or acknowledged and accepted their factoring service. Just ignore the parasitic s..te bags.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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OnMyWayOut

OnMyWayOut

Posted
Posted

If you send the 'prove-it' by email, enable the option to get a delivery receipt and a read receipt (assuming your mail software gives you these options). Keep these receipts in your mailbox in case they dispute receiving it.

 

The CCA can only go by post as it is useless without the payment.

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dannyboy660

dannyboy660

Posted
Posted

What's a bit worrying about all this, is that you will have to give Lowell an address at some point to get a copy CCA, or go through the complaints procedure.

 

If you use your address in Oz, the threats will continue but they can never actually do anything.

If you use an address in UK (of relatives), they are likely to go for judgment by default which can then be used in an Oz court for enforcement of judgement under the reciprocal agreement. A case you'd probably win eventually if you know what to do - but hassle most people could well do without.

 

You signed a CCA'74 in which S141 states it is enforceable only in a UK County or High Court. This agreement is not, and never has been, between you and the Lowell Group because they are a third party purchaser 'offering' a factoring service, so why acknowledge any involvement by them in the first place?? They can only act if they get a response from you, positive or negative.

 

It's probably very close to being SB, and will have been settled by the taxman shortly after you left the UK if you did your IR paperwork......why let these turds get involved in the first place, wouldn't it be better to just ignore them??

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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JoeTheMan

JoeTheMan

Posted
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Posted

Hi,

Thank you for the info. What does SB mean?

I have never planned to amy address in the UK but the FIL decided to open my mail!

 

If I don't respond, they will simply go after FIL for the money in the UK, or am I wrong here?

 

Can I give them a Post Office box or do have to give out my address?

 

Thank yoi

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dannyboy660

dannyboy660

Posted
Posted

SB = Statute Barred. Once the debt has been dormant for six years they can not take you to court for it. If you left UK in Jan 2003 you must be very close to it by now anyway - all the more reason to give Lowell the heave ho (unless you want to pay them voluntarily of course) bearing in mind they paid literally a few pence for it.

 

They can't do anything to your FIL - or anyone else unless they were a party to the contract. The threats will continue which can quite safely go in the shredder. Only official court docs need a response - but it's extremely unlikely that will happen. Opening your mail was a mistake - contacting Lowell is a catastrophe!!

 

I'm a bit mystified why you are so keen to give them your address at all. It's nothing to do with them. They bought a soon to be SB debt for pennies and now hope to bully someone into paying. This time they lose out - but that's the risk they take.....unless you want to pay them voluntarily.

 

Take a look at Pblackie's " lowell taking me to court" thread and note their court bundle even included a full printout of his thread on CAG. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/117579-received-county-court-claim-9.html

 

Is it really a good idea to get involved with these "people" - if you are not even a UK resident??

 

It's up to you.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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JoeTheMan

JoeTheMan

Posted
  • Author
Posted

The reason why my FIL is not pleased at all and I don't want to break this releationship, if it was someone that I did not care about then would not give my address or a PO Box address out.

 

I think it will be better to give a PO Box address over here in OZ and then it gets them way from FIL.

 

Thanks

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JoeTheMan

JoeTheMan

Posted
  • Author
Posted

I sent them a "Prove-it" letter about 7 days ago, which I got a email confirmation back from them (auto-response) but I have not heard anything from them, what should I do next?

 

Thanks,

Paul

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