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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Karalius
      ParkingEye/DCB(L) ANPR PCN no.1. 15/09/2020 - Letter of Claim now Claimform - - Hallsville Quarter, London Basement And Surface

      By Karalius · Posted

      Thanks. Have sent it off. 
    • lookinforinfo
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By lookinforinfo · Posted

      Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • little old lady
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By little old lady · Posted

      Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
    • mystic_bertie
      UKPC/DCBL ANPR PCN - appealed PAPLOC Now Claimform - Mcdonalds Bristol Patchway, 562 BS34 5TQ ***Claim Discontinued***

      By mystic_bertie · Posted

      lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • tobyjugg2
      I see Octopus have started using the old EON 'tricks to try an install smart meters

      By tobyjugg2 · Posted

      Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    

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      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.

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      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.

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      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.

'Error' in Full and Final Settlement Offer

weejay6000

By weejay6000
in General Debt Issues

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weejay6000

weejay6000

Posted
Posted

I have several Credit Cards and a £15000.00 Unsecured Personal Loan from NatWest. Due to many different factors I was unable to keep up with my repayments. I was relieved when I managed to set up Reduced Payments for all my Creditors.

 

 

Last week I received a letter from 'Capquest' stating they would be taking over my Natwest Loan. They said they would accept my £2.50 monthly payment but also offered me a 'Full and Final Settlement' of 0.72% of my balance quoting a final figure of £108.08. I couldn't believe it!, what a great offer:). I thought the catch was the timescale, since the letter they posted out was dated 4th and I ony had until the 10th to accept this offer and make payment. Luckily a friend wrote me a cheque and I posted it by Recorded Delivery, so I know it was received on time.

 

 

On the 9th I received a letter from Capquest stating they had made an error with their previous letter and the offer intended was 72% of the balance giving a final figure of £10800.00. They apologised and said 'the decimal had been put in the wrong place'. I was gutted!!! :( However, they still cashed my cheque for £108.08.

 

 

I am now wondering if they can do this, since they made me an offer, I accepted it and now they've gone back on their word. Any help would be greatly appreciated from this fantastic site.

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weejay6000

weejay6000

Posted
  • Author
Posted

Hi,

 

Thanks for the reply. Yes, I've still got the letter with the offer of 0.72% a final payment of £108.08.

 

However, this morning I've received another letter from Capquest saying again that the offer of 0.72% was an error and they've enclosed a cheque for £118.08 addressed to me. They say it's a refund of my payment plus £10 for postage & costs.

 

Any further thoughts would be greatly appreciated.

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jaxads

jaxads

Posted
Posted

I would be tempted to return the cheque to them, stating that as far as you are concerned the matter is now closed :D

 

You've got to feel sorry for them, they cannot even get their monkeys to put the decimal point in the right place!!

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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surfaceagentx20

surfaceagentx20

Posted
Posted

The offer was an unambiguous offer comprising first a reference to '0.72%' and second '£108.08'. If the letter was the product of a typo there were several by the use of a superfluous '0.' in the percentage figure, and the incorrect position of the decimial point and the omission of '00' for the pence figure in the monetary figure.

 

I take the view that the collection of errors could not be treated as one simple error or an attempt on your part to take an advantage.

 

Further still, the cheque offered in settlement was not from you but a third party. No doubt the cheque drawn by the third party was to secure your release from the debt. That cheque was accepted.

 

In my view the creditor has compromised the claim by the issue of the offer, the acceptance of it by way of offer from the third party and the encashment of the cheque. I would not return the cheque nor obviously would I present it. I wold simply retain it very safely.

 

x20

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weejay6000

weejay6000

Posted
  • Author
Posted

Thanks guys for the replys, much appreciated.

 

I think I'll keep hold of the cheque Capquest sent me for the time being, I definately won't cash it.

 

I'll just wait & see what happens now, if I receive anymore letters etc. I'll keep you informed.

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Pinkpegasus

Pinkpegasus

Posted
Posted

Subscribing, hee hee, you lucky thing xx

Halifax CCA letter sent 3 May

2 x CL Finance letters sent 3 May

Halifax and CL letters received 6 May

Halifax responded with valid CCA, but need to query default

CL Finance failed to provide CCA by 2 July - letter sent

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Ubiquitious

Ubiquitious

Posted
Posted

I agree, return the cheque and tell them you consider the matter closed. Your situtation is improved by the fact they cashed the cheque. You can tell they are concerned about this. I have never heard of a DCA returning money like that plus postage costs when you have an outstanding debt with them.

 

Subscribed

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ODC

ODC

Posted
Posted

There was a thread earlier about this seemingly wonderful offer. At the time I said if it looks too good to be true then it certainly is.

 

That said I think you have them by the short and curlies,

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surprise

surprise

Posted
Posted

I know one of the posters said to hold onto the cheque but personally I would not feel happy about doing this, I would much prefer to return it and telling the matter is closed. In view of the fact that a cheque is valid for six months are you sure you may never be tempted to cash it? I also think by not returning it Capquest will probably think that you have fallen for it and will cash it at sometime.

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surfaceagentx20

surfaceagentx20

Posted
Posted (edited)
I also think by not returning it Capquest will probably think that you have fallen for it and will cash it at sometime.

 

By not encashing the cheque will draw this whole thing out for the lifetime of the cheque and frustrate the creditor in being pro-active even though the ball is in their court. Being able to produce is incontrovertible evidence of non-presentation.

 

x20

Edited by surfaceagentx20
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  • 1 month later...
weejay6000

weejay6000

Posted
  • Author
Posted

Just to keep you updated guys.

 

I've still got hold of the cheque Capquest returned to me but now 7 weeks later I've received a letter from their solicitors 'HL Legal' demanding arrears of -£108.56 ... yes, that is a minus sign.

 

There is no address to reply to HL Legal only Capquests. Shall I just ignore this letter, any thoughts on this latest development please??

 

wj6000

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ODC

ODC

Posted
Posted
Just to keep you updated guys.

 

I've still got hold of the cheque Capquest returned to me but now 7 weeks later I've received a letter from their solicitors 'HL Legal' demanding arrears of -£108.56 ... yes, that is a minus sign.

 

There is no address to reply to HL Legal only Capquests. Shall I just ignore this letter, any thoughts on this latest development please??

 

wj6000

 

Just shows what a bunch of Cretins you are dealing with. Wait until they start ringing you demanding immediate payment of this negative balance and start threatening you with the usual sh!t about Courts, Baliffs etc etc etc

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bazaar

bazaar

Posted
Posted

I could be wrong here, but.

Send a letter stating account is now closed per your agreement letter from them AND their encashment of your settlement cheque dated xxxxx.

Also, ask when you can expect their kind gift of £108. 56 as it'll come in handy over Christmas:D

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