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    • Yup, for goodness sake she needs to stop paying right now, DCA's are powerless, as .  Is it showing on their credit file? Best to use Check my file. All of the above advice is excellent, definitely SAR the loan company as soon as possible.
    • Hi all, I am wandering if this is appealable. It has already been through a challenge on the Islington website and the it was rejected. Basically there was a suspended bay sign on a post on Gee st which was obscured by a Pizza van. The suspension was for 3 bays outside 47 Gee st. I parked outside/between 47 & 55 Gee st. I paid via the phone system using a sign a few meters away from my car. When I got back to the car there was a PCN stuck to the windscreen which I had to dry out before I could read it due to rain getting into the plastic sticky holder.  I then appealed using the Islington website which was then rejected the next day. I have attached a pdf of images that I took and also which the parking officer took. There are two spaces in front of the van, one of which had a generator on it the other was a disabled space. I would count those as 3 bays? In the first image circled in red is the parking sign I read. In the 2nd image is the suspension notice obscured by the van. I would have had to stand in the middle of the road to read this, in fact that's where I was standing when I took the photo. I have pasted the appeal and rejection below. Many thanks for looking. ----------------------------------------------------------------------- This is my appeal statement: As you can see from the image attached (image 1) I actually paid £18.50 to park my car in Gee st. I parked the car at what I thought was outside 55 Gee st as seen in image 2 attached. When I read the PCN issued it stated there was a parking suspension. There was no suspension notice on the sign that I used to call the payment service outside number 55 Gee st. I looked for a suspension notice and eventually found one which was obscured by a large van and generator parked outside 47 Gee st. As seen in images 3 and 4 attached. I am guessing the parking suspension was to allow the Van to park and sell Pizza during the Clerkenwell design week. I was not obstructing the use or parking of the van, in fact the van was obstructing the suspension notice which meant I could not read or see it without prior knowledge it was there. I would have had to stand in the road to see it endangering myself as I had to to take images to illustrate the hidden notice. As there was no intention to avoid a parking charge and the fact the sign was not easily visible I would hope this challenge can be accepted. Many thanks.   This is the text from the rejection: Thank you for contacting us about the above Penalty Charge Notice (PCN). The PCN was issued because the vehicle was parked in a suspended bay or space. I note from your correspondence that there was no suspension notice on the sign that you used to call the payment serve outside number 55 Gee Street. I acknowledge your comments, however, your vehicle was parked in a bay which had been suspended. The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief. The signs relating to this suspension were sited in accordance with the regulations. Upon reviewing the Civil Enforcement Officer's (CEO's) images and notes, I am satisfied that sufficient signage was in place and that it meets statutory requirements. Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I acknowledge that your vehicle possessed a RingGo session at the time, however, this does not authorize parking within a suspended bay. Suspension restrictions are established to facilitate specific activities like filming or construction, therefore, we anticipate the vehicle owner to relocate the vehicle from the suspended area until the specified date and time when the suspension concludes. Leaving a vehicle unattended for any period of time within a suspended bay, effectively renders the vehicle parked in contravention and a Civil Enforcement Officer (CEO) may issue a PCN. Finally, the vehicle was left parked approximately 5 metres away from the closest time plate notice. It is the responsibility of the driver to ensure they park in a suitable parking place and check all signs and road markings prior to leaving their vehicle parked in contravention. It remains the driver's responsibility to ensure that the vehicle is parked legally at all times. With that being said, I would have to inform you, your appeal has been rejected at this stage. Please see the below images as taken by the CEO whilst issuing the PCN: You should now choose one of the following options: Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of this matter, provided it is received by 10 June 2024. After that date, the full penalty charge of £130.00 will be payable. Or Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle, who is legally responsible for paying the penalty charge. Any further correspondence received prior to the NtO being issued may not be responded to. The NtO gives the recipient the right to make formal representations against the penalty charge. If we reject those representations, there will be the right of appeal to the Environment and Traffic Adjudicator.   Gee st pdf.pdf
    • Nationwide Building Society has launched an 18 month fixed-rate account paying 5.5%.View the full article
    • Well done.   Please let us know how it goes or come back with any questions. HB
    • Incorrect as the debt will have been legally assigned to the DCA and they are therefore now the legal creditor. Read up on debt assignment.   Andy
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cooling off period and charge


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The answer to that should be 100% NO but when did you agree to the policy? Have you received any paperwork for the insurance?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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thanks for replying yourbank.

i applied for the policy onlne on friday and received the documnets monday i the post, in the terms and conditions it says the following

 

Your right to cancel your insurance.

You have a right to cancel any insurance you buy through us and to recover any payment made (except as stated below). You can do this by giving notice to your branch (whose address is shown on the covering letter) within 14 days of your receipt of the policy document.

If you do exercise this right to cancel your insurance, you will be charged by the insurer for the service provided up to the point of cancellation. We will also make a cancellation charge of £45 except as shown in the service charges table overleaf. You will not be entitled to a refund of the service charge or credit card handling charge made by us for arranging your insurance.

Further, if you exercise this right to cancel your motor insurance, any Drivers Legal Protection you hold will also be cancelled. Similarly, if you exercise this right to cancel your home insurance, any Household Legal Protection you hold will also be cancelled. In both these cases, you will recover any payment made in respect of these products provided the cancellation right is exercised within the 14 day period mentioned above.

If you do not exercise this right to cancel, any remaining cancellation rights will be as set out in the policy document. If your insurance is a travel insurance lasting less than one month, you do not have a right to cancel it except in accordance with any terms shown in the policy document.

Cancellations£45.00Not charged on the cancellation of the following policies: any travel policy, Driver's Legal Protection, Household Legal Protection, Home Emergency, Breakdown, Accidental Death Benefit

 

i'm confused and i did truly beleive you had a 14 day cooling off period where no charge would be levied if you cancelled within this time.

i paid a deposit on line of £34.00.

i rand them to cancel yesterday and they then informed me of the charge.

i told them i was looking into my rights and would get back to them.

how is the best way for me to cancel this policy and what should i be saying to them?

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That is my understanding as well. It may be worth asking consumer direct for a response because the contract is unfair. I hope someone else more knowledgeable than me will confirm this.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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who is consumer direct? are they like trading standards?

i hope someone does come along and help i want to get this policy cancelled quick so they dont find a way of upping the charges :(

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just an update on the above

i rang FOS to complain to complain and the the young man said he would raise the complaint but he didnt sound very knowledgable, he said that if cancellation fee is in the terms & conditions then i might have to pay.

i asked him about unfair trading practices pointing out that consumer protection is in place to stop people making up there own contracts

"erm" was his reply.

at this point the telephone converasation was intercepted by someone 'more experienced' who informed me the young man was in training.

i asked him the same questions and he said they where not there to give that kind of advice and when i asked him who would enforce consumer trading practice.law etc he gave the same answer.

all rather odd and evasive i thought, not helpful at all.

anyway my complaint was raised and this morning i have received a letter from swinton saying they believe the charges are correct "however they have refunded me the fee and please find enclosed cheque"

 

so i'm happy with the result and overall it was worth reporting to FOS thanks yourbank for your input:)

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  • 5 months later...

hi cerque

just to let you know i got my fee money refunded within a week of me raising the complaint and 2 month ago i recieved a cheque for the deposit i had paid...

well worth a phone call to FOS even though i did feel fobbed off at the time..

good luck....

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Within the Norwich Union policy:

Your cancellation rights

You have a statutory right to cancel

your policy within 14 days from the day

of purchase of the contract or the day

on which you receive your policy

documentation, whichever is later.

If you want to cancel, and your insurance

cover has not yet started, you’ll be

entitled to a full refund of the

premium paid.

 

The administration fee is provided after explaining the process of cancelling a policy once the 14 day cool off period has elapsed.

£34.00 seems a little steep...

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Thanks winny14, In fact just received their breakdown of charges and they are asking for cancellation charges in full but disregarding fact i have already paid 1 month cover deposit online which was debited and not being deducted fron cancel charges.

Actually they maintain this is a charge for cover received.

In fact cover SHOULD have started only next Friday!!!! Wonder what would happen if I bash car and claim with them now....think they will cover me? NAAAAAAAAAA!!!!!!

Am on to writing that complaint letter right away!

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  • 2 weeks later...

I cancelled within two days of receiving documents and within fourteen days but was charged £44.00. I cancelled because when I bought there was a cashback offer of £50.00 which I couldnt claim as they wouldnt provide me with the form. I will be pusuing the refund.

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  • 1 month later...

Just an update, I got a very polite call from them offering full refund of all charges in exchange for my cancellation of complaint with FSO. Accepted and got cheque in 2 days!

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