Jump to content


  • Tweets

  • Posts

    • Items for sale include five rare Ferraris and a pair of Air Jordan sneakers signed by Michael Jordan.View the full article
    • TECHZONE BUXTON LTD overview - Find and update company information - GOV.UK FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK TECHZONE BUXTON LTD - Free company information from Companies House including registered office address, filing history, accounts, annual... thread title updated. dx
    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • 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
        • Like

Statutory Demand received - **WON**


Tiger's Wood
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4609 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I hope things went well. I recently won an SD set aside application. I asked for costs on the basis of a personal litigant rate and was awarded 6 hours preparation at £10 per hour which is £60.

 

This is useful as it is over the limit at which you can get a warrant to get the baillifs to go and see them to recover these costs. I am not sure in fairness that talk of indemnity costs etc. helps the personal litigant much. If you have paid your solicitor and can afford it, then you (or he/she) can ask for the costs from the court. If you can't, then go on your own, they won't usually turn up and you can say you have spent a lot of time on line preparing.

 

What won't happen is that the court will make an award of costs so that you can go and instruct a solicitor to defend you or prepare a case. The Hammonds and Pro fit case is a commercial winding up petition case and subject to some different rules to personal bankruptcy in order to protect trading companies from being wound up unfairly.

 

The statement by capquest is outrageous.

 

"We do not accept the debt is not due but in view of the time considerations and use of the courts time we ask that the application be granted but with no order as to costs. If, as we anticipate we subsequently obtain information which enables us to prove that the debt is due we will proceed by issuing a claim in teh county court which will allow the applicant the opportunity to defend the claim"

 

If anyone comes across this statement in a letter again in a SD hearing, point out the court that they have just made your case against them for you. Before issuing proceedings they should have been in possession of the CCA and secondly, the correct venue for hearing the case was the County Court as you had already raised a valid dispute. (But they can't do that as the haven't got the CCA. Catch 22 for them) This will increase the liklihood of costs being awarded.

 

Hope you won!!

Link to post
Share on other sites

Hey guys again thanks for extra info shame i missed this before I left anyway......

I went for hearing, first Judge opened by reading out purpose of hearing then saying "i see the other side havent bothered to turn up" and raised an eyebrow

The judge then aksed me why it should be set aside then went thru my affadavit before I had chance to speak, she asked me about the fact that the amount outstanding was higher than it should be - i said there were extra charges added on top which i have never received a breakdown for etc. I then prompted the judge about the letter I received from Capquest (copy they say to Court) saying they agree with the application to set aside, judge said they did not have letter there so she took my copy and read it, she then looked at me and shrugged and said ok ill grant the set aside. I then pushed for costs but this kind of got her back up, she said (eventually) I could put a claim in for litigant in person (£9.25per hour) but I should have sent the outline of my costs to capquest and the court before I went today.

 

So anyways SD is set aside, and by my calendar its just 5 days until the CCA request time limit is up ( I sent it on 18th August - can someone check ive doen my sums right???)

 

So thanks to everyone in this thread that has helped you guys are great, now I guess i wait for next step of action but in the mean time I have a few more creditors and a lot more queries!!!!!

Link to post
Share on other sites

is it? Is it all over or is this the beggining? thats the bit ive really struggled to grasp, what will they do now? CCJ? I heard one of those rumours that you cant get a CCJ for credit card???

 

 

But thanks 42, and also Saintly - great you guys are online late when we are in a panic!

Link to post
Share on other sites

Time limit for a CCA request is 12 working days. Sent on 18 August and acknowledged by Capquest they had, by my reckoning until Friday, September 5 to provide you with this information - there was a bank holiday in August. Allowing for the Royal Mail the limit well and truly expired on Monday, September 8. Their failure to provide puts this matter in dispute. If these cretins come and chase you again you have this request and their failure to throw back at them - bit like a grenade really. If they pass the ball to another debt collector then they can be told to feck off because the matter is in dispute with Capquest. You could ask Capquest to confirm they have buried this matter. I'd ignore them and see what they do next.

Link to post
Share on other sites

I then pushed for costs but this kind of got her back up, she said (eventually) I could put a claim in for litigant in person (£9.25per hour) but I should have sent the outline of my costs to capquest and the court before I went today.

 

Well first off congratulations!!!!!!!!!

 

WE REALLY NEED TO BE PUSHING THE COSTS AND MAKING SURE IT'S DONE CORRECTLY, THE MORE THE DCA HAVE TO PAY THE LESS WE WILL SEE THIS TACTIC USED.

 

THIS CAN NOT BE STRESSED ENOUGH.

 

MAKE THEM PAY!!!!!!

 

How about we sticky the court success's of CAG members this will be a great inspiration to other members.

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

Link to post
Share on other sites

Great news tiger...

 

Sorry about the cost tho.

Just proves the Judge on the day.

The Judge I had today was disgusted with CON issuing the SD and awared me all my costs.

 

Think is tho it is set aside so well done again!!!

 

HAK

Link to post
Share on other sites

  • 2 weeks later...

oh ok, got that info off here! damn the old threads, ok so I have had the SD set aside and the CCA has bee semt too late - i presume its now a letter from me saying, you have failed to meet such and such requiremnt of my CA within 12+2 days, as such due to XYZ legislation the debt is now no longer due reponse? is there such a letter in template format?

Link to post
Share on other sites

Sorry, not quite so lucky as that.

 

The debt is only unenforceable and they are not allowed to pursue until such time as they can produce the CCA.

 

So if the CCA is legit, you're going to have to come to a payment arrangement with them or let them obtain a CCJ!

When you've had all the help you need, make sure you stick around to help others too!

Just think, if everyone left the site after they'd got their help, there might not be anyone left the next time YOU come back needing more assistance!!!!!!!

Link to post
Share on other sites

  • 3 years later...

Hi

 

 

Capquest have gone a little quiet now so think it is about time you reported them to the OFT if you haven’t done so already.

 

 

Please bear in mind that the template letter on the first page of this thread:

http://www.consumeractiongroup.co.uk...=1#post3422496

 

may not be suitable for all and you will have to adapt it to your own circumstances I.E

You applied to get it set aside and CQ didn't turn up

You applied and CQ agreed to discontinue

You ignored and CQ did nothing

 

 

Today the OFT set out some new guidance and sending SD's as a debt collection tool is now frowned upon.

If you want to read it, here's the link

http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/OFT664Rev.pdf You can complain by email and the OFT will email you back a form to sign and post back to them for them to be able to add your complaint to their list.

 

 

http://www.oft.gov.uk/contactus;jses...1D83BF0004F6EA

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...