Jump to content


  • Tweets

  • Posts

    • I will try again...................... Even at my age there is quite clearly a PCN envelope by the windscreen wipers on your car on some of the photos.  But as I said in the IPC letter, that is not the dispute. The dispute is that CPM sent you the second PCN on the 28 th day of the issue date of the first PCN. It should not have been sent until the day AFTER the original PCN was issued. Therefore they broke the Act, they breached the IPC Code of Conduct and their agreement with the DVLA. It is something that the IPC cannot ignore since to do so will bring the ICO down on them and the DVLA should ban CPM from getting data from them once they know if the ICO do nothing. The minimum I expect is that your PCN will be cancelled. But it is up to you. I have given you the details, you have copies of both PCNs sent to you on the sar  with all  the relevant dates. 
    • Apply for an HM Armed Forces Veteran Card   An HM Armed Forces Veteran Card is a way to prove that you served in the UK armed forces. The card can make it quicker and easier to apply for support as a veteran. It’s free to apply. You can currently only apply for a Veteran Card if you have a UK address. Veterans who do not have a UK address will be able to apply later this year. READ MORE HERE: Apply for an HM Armed Forces Veteran Card - GOV.UK WWW.GOV.UK Apply for an armed forces veteran card to prove that you served in the UK armed forces.
    • The Private Parking Code of Parking has been postponed as the poor dears are frightened that thew will all go out of business once it becomes Law. We all wish but nothing could be further from the truth so doubtless most of them will have to change their ways if they don't want to be removed as approved parking companies. Thank you for still retaining and producing the original PCN which, no surprise, fails to comply with the Protection of Freedoms Act 2012 Schedule 4. [It even states the vehicle "breeched" the terms  when it was the driver that allegedly breached the terms}. It fails to specify the Parking Period and whilst it does show the arrival and departure ANPR times on the photographs [that I cannot read] they do not include how long you actually parked nor was it specified on the Notice  [photos don't count]. So that means that you spent even less time parked though it would help had you not blocked out the dates and times, so good if you could please include them on your next  post. Pofa  asks the driver to pay the charge S( [2][b] which your PCN doesn't though they do ask the keeper to pay.and they have missed out theses words in parentheses S9[2][f] ii)  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; All of those errors mean that the cannot transfer the charge from the driver to the keeper. Only the driver is now responsible . What a rubbish Claim Form -doesn't even give the date of the event which it should.  
    • it doesn't matter what you are being charged or if you missed the discount period. you ain't paying anyway..... if this ever gets before a judge. then the ins and out of POFA2012 or any IPC/BPA guidelines might come into play. until then i go get on with your life. you are spending far too much time on a speculative invoice scan scheme  its almost as if you believe these are fines and enforceable in a criminal court and you could have bailiffs at your door any minute.    
    • Debt Respite Scheme (Breathing Space) guidance - GOV.UK (www.gov.uk) but dont get scammed into a DMP. simply tell whomever you call to simply apply for the BS for you.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 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
  • Recommended Topics

Court Summons out of the blue - What do I do now?


Elkus
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5625 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

  • Replies 72
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Ok Elkus have you worked out the date of your Defence submission and had a look around for suitable holding defence?

I will assist you if you are struggling with this just post.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I figured that since the claim was sent on the 27th October, with 5+28 days that means our defence has to be in by the 29th November?

 

I have a couple of defences in mind, but it does depend on whether I get a response back regarding the rest of my CPR request (as they only complied with the NoA, still have the CA and DN to go). Should I call them and ask when I'm going to get these?

 

Elkus

Link to post
Share on other sites

No they know that that they have to compy and as such will remain in Default of said request.Also smacks of desperation remember Litigation involves mindgames and as such we will give them a few.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Ok, my post arrived this morning with an envelope from Howard Cohen. In it were copies of the CA and what appears to be the DN. I'll find a way of posting scans of both of those shortly...

 

Also provided were printouts of most of the monthly statements, but some were missing ( including August 2008 ) which seems a bit suspect to me.

 

Interestingly the covering letter was dated the 5th of November but the envelope was franked on the 10th, which is past their 7 day deadline. Either it was sitting in someone's drawer for 5 days or they backdated the letter. Any helpful comments on this?

 

Elkus

Edited by Elkus
Changed one word - letter to envelope...
Link to post
Share on other sites

Hi Elkus

 

Ok does the DN allow 14 days to remidy said breach ie date of DN plus 3 plus 14?

 

Cant enlarge the CCA to see the details good enough to accetain if it is valid can you post it via Photobucket?

 

Regards

 

Andy;)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

So the DN is not dated?:confused: so how can you work out the perscibed period to rectify ie 14 days from when?????

 

On the CCA looks like an Application Form but still quiet blurred.Are there any Perscribed terms within the signitory sheet ie Interest rate,payment date credit limit? are there any T&Cs also attached preferbly within the signitory area or refered to on the signitory ie overleath or attached or linked via letter or number?

 

Andy;)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

You're correct, the DN was not dated and only gave the due date.

 

The CCA was copied onto a sheet of A4 so it's very small! The top half with the signature states the following somewhere:

 

Interest rate of 26.478%

Minimum monthly payment of £4 or 4%

Additional charges info

And that the agreement is non-cancellable

 

If there's anything else I should be looking for, please let me know!

 

Many thanks,

 

Elkus

Link to post
Share on other sites

Hi wouldnt worrry too much re the CCA the DN is invalid anyway and therfore unlawful. Thats enough to render a good defence and refute the claimants P.O.C

 

 

Andy;)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Andy,

 

That was my immediate thought upon reading the copy DN. As I now have 2 weeks to submit my defence, what would be the best thing to say to that end? I've read a few submissions by others but they mostly seem to deal with missing copies and failures to adhere to the requests. Not sure what's best to say considering I now have (rather dubious) copies of all the paperwork I asked for.

 

Many thanks,

 

Elkus

Link to post
Share on other sites

Hi again

 

Without actually being able to see the CCA properly its difficult to advise on this point.Does it contain both yours and theirs Sigs?

Does it state anywhere that is an application Form?

Like i said earlier everything must be within the signitory sheet perscribed terms and also the T&Cs.

With regards to the Defence thats not a problem and would be delighted to assist in drafting you somthing suitable to your case.

Just post nearer the time (not the day before ) and we will draft your Defence.

 

Regards

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Only contains my wife's signature, but their section had been stamped with "COMPLETED".

 

The top of the form says "DEBENHAMS RETAIL PLC STAFF ACCOUNT REQUEST" in black at the top, and the next line says "Please read this application carefully..." etc etc.

 

So does this mean this is an application form and not the Credit Agreement as requested?

 

Elkus

Link to post
Share on other sites

It could mean but then again you can have an Application agreement providing it conforms to some of the points we have already discussed.

If you feel that it does contain the perscribed terms apart from the OCs signiture then it is therefore unexecuted.You need to check it contains T&Cs if you are happy that the terms are there.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

This could get confusing...

 

There's an authorised signatory box at the very very bottom which is filled in with just a bunch of numbers, but the box that states "Agreement signed for and on behalf of GE Capital Bank Limited" has not been signed or dated, but there's the "COMPLETED" stamp next to it.

 

The top half of the form doesn't state terms and conditions anywhere but it does have headings such as "Key Financial Information" and "Other Financial Information" and so on.

 

I'll see if I can get a much larger copy on photobucket as it shrank the original!

 

Elkus

Link to post
Share on other sites

It would be helpful, we know the DN is pants ,would nice to know if the CCA is also.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Elkus

 

Ok can see the detail now.I would be inclined to think that this would have been a valid CCA however pity it is unsigned by the OP. I would contend that this could amount to a pre-contractual document. As far as im aware the completed rubber stamp could have been put on last week unless thats dated also.Without the OCs signiture then IMHO it can be argued that the application/agreement remains unexecuted and therfore invalid and unbinding.You may wish for other views and see if they are in agreement.

 

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Andy,

 

Thanks for clarifying what I suspected, although I don't see any harm in putting that in my defence. Even if the view is eventually taken that this is a valid CCA there is still the issue of the DN which can still be argued. Would arguing the validity of the CCA have an affect on the case if it were to be successfully disputed?

 

Many thanks,

 

Elkus

Link to post
Share on other sites

Well its only a small point but big enough to render said CCA unenforcable,so along with the DN you have enough to defend with a very good prospect of success.

At the end of the day the game is not to get to Court but to imply to the Claimants that they got it wrong and game over.Post nearer to your submission date and I will assist in your Defence

 

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 2 weeks later...

Hello again :)

 

With a week to go for the defence submission date, I figured it's about time we started to come up with a suitable defence...

 

I'll be looking at some other defences to help me get one together, so if anyone's got any helpful suggestions I'll be glad to hear them :D

 

Elkus

Link to post
Share on other sites

Hey folks,

 

I've been reading through quite a few posts for a suitable defence but all I seem to come across are those for where the CA etc have not been provided. Would anyone have a template for a defence where the requested documents have been provided?

 

It would also need to consider the following points about the provided documents too:

 

1) The CA has not been signed and dated by the creditor, merely rubber-stamped.

 

2) The DN provided was not originally sent to us, nor was it received. The provided copy does not have an issue date, only a due date. Plus the format is poor.

 

3) The NoA was also not sent to us, nor was it received, as per their claim on their PoA.

 

If anyone can suggest any further points it would be very much appreciated! It may also be worth mentioning that we're not disputing the fact that we owe money on the account itself, but are contesting the manner in which we had a claim made against us... Seems a bit unfair when the DN is only asking for about £40, which is something I can afford to pay them.

 

Thanks for your help!

 

Elkus

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...