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    • Are you saying that both businesses were closed? Yet you stayed there for over two hours. . If both were closed than to charge £100 is a penalty since Horizon had no legitimate interest in keeping spaces clear for the company. sake as there were no customers..
    • Well you would think that would be the case. Sadly i doubt there is one honest broker within the BPA or IPC and most of their members. they are there to take as much money as they can from motorists regardless of PoFA.   Take the Consideration  period for example. This is a minimum of 5 minutes to allow motorists to find a parking space, read the T&Cs giving them enough time to leave the car park without having to pay if they decide not stay. Simple. Well it would be simple if it were any other company than BPA [or IPC who have now fallen into line with BPA's "reasoning"].  You see if you decide to stay then despite the fact that during the Consideration period when you still weren't classed as parking , once you accept the terms [with all the underhand little tricks designed to trip you up] that five minutes is now included in your parking time. [No not the parking period because the poor dears who ANPR cameras are apparently unable to work out what the exact parking period is since their ever so infallible cameras [yeah right] are incapable of tracking cars once they are in a car park]. After 12 years they still haven't worked out a way of doing it. Some of them fudge and the majority [with a wink fro their ATA [Accredited Trade Association though it should be Discredited Trade Association] just ignore the parking period all together. This is what BPA claim is the Consideration period Entrance grace period: This is for when motorists enter a car park, read the signs and/or attempt to make payment then leave. In these instances, motorists must be offered a reasonable amount of time before an operator takes enforcement action, but we do not define this time, due to the variance in size and layout of car parks. An entrance grace period for a small, permit-only car park could be below 5 minutes, whereas for a large multi-story this could be 15. But  heaven forbid that anyone should leave 6 or 7 minutes after entering  their member's car parks. . They are dutybound to receive a PCN. This is regardless of how busy the car park would be [Christmas eve for example ] .Our minimum is their maximum. Moving on to Grace periods. Again BPA gobble degook. Exit grace period: This must be a minimum of 10 minutes and this is when a motorist intends to stay – for example, if you paid for an hour but spent a total of 1 hour 10 minutes on-site, you will not receive a PCN. It is important to note that the grace period is not a free period of parking however and should not be advertised as such. If that ten minutes in not free parking what is it. their members all think they can send out PCNs for anything after 1 minute after the exact time never mind ten minutes. Our snotty letters have stood the test of time. Do not try to reinvent the wheel -especially with DCBL . They don't even know what a non compliant PCN is for goodness sake! You already know more about PoFA then they do. However if you include that they will find a way to disabuse the Judge of your logic and the law. So don't give them the chance.  I am sure you have the Parking Prankster going on about the rogues misusing the rules on planning permission by lying and stating that they had "retrospective permission". There is no such thing in English law yet Judges were swallowing it until one Judge pulled up Parking Eye about one of their Witness Statements alluding to "rp" by claiming it was "tantamount to perjury".  It wasn't tantamount,it was plain and simple perjury. Parking Prankster: The great private car park planning approval scam PARKING-PRANKSTER.BLOGSPOT.COM Guest blog from shuteyepark, from the Consumer Action group forums In December 2013 my daughter received a Parking Charge Notice (PCN) fro... Hope it wasn't too long winded Nicky Boy.🙂
    • and more immediate issues WT* is the UK doing. Ukraine needs these funds and weapons NOW Lets sincerely hope this isnt another Tory VIPal skimming issue.   MoD accused of ‘go-slow’ with half of £900m Ukraine fund unused | Defence policy | The Guardian WWW.THEGUARDIAN.COM Delays mean just £404m of the money donated by nine countries has been committed or spent  
    • If everyone who wanted or needed a permit could get one easily how would PCM make any money?    
    • Now I dont agree with some of the detail, and its a bit light on showing detailed analysis, but worth a two minute peruse   Tory wipeout and opposition until 2037 – the future facing a disunited right   https://link.news.inews.co.uk/view/61fb0feaaf01060b825d0999kwaja.7ca/e75bba7e  
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    • 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
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stat demand from capquest/National Westminster Bank OD *** WON + COSTS ***


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The SAR would go to the bank.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Send the CCA request to Capquest with £1 postal order enclosed, and send it recorded.....

 

The SAR should be sent to the original creditor, with £10 of postal orders (you can claim the cost of the SAR back with your court costs).....

Also send this recorded...

 

This is the SAR to use...they have to respond within 40 days..

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

sign your name but put lots of crosses through it so it can't be 'lifted'

 

 

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Under section 78 (1) of the Consumer Credit Act A formal written request for any true copies of signed consumer credit agreements was sent to Capquest via guaranteed delivery (see attached document X) – to date they have not sent any copies of any Consumer Credit Agreements and as of the (12+2 working days after the date you sent) they will be in default of that request.

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  • 2 weeks later...

You will still need to get it set aside.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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am i right to think that i can still do that but will have to pay?

 

Normally you would have to yes. If you are now on benefits then you may be exempt from having to pay the fee. I would ask the court clerk about this.

do i set it aside claiming it is in dispute then as im awaiting my cca?

Yes. Use the reasons already posted.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 1 month later...

Hello everybody,

 

I am in the same situation as I have not done anything other than send CCA to Capquest who put it on hold for 28 days (18th December 08) and I have not heard anything since from Capquest, I did however get a letter from Natwest saying "THE BANK DOES NOT REQUIRE CUSTOMERS TO SIGN AN AGREEMENT UNDER THE CONSUMER CREDIT ACT IN ORDER FOR AN OVERDRAFT FACILITY TO BE APPLIED TO THEIR ACCOUNT, THERFORE A COPY OF THE SIGNED AGREEMENT IS NOT AVAILABLE." , basically I have not done anything since as I was moving house and my partner had to go in to hospital to have a serious operation so it was put on the back burner.

Anyway I am now back on with my debt issues so was wondering what I should do now, continue with getting this put aside etc?

I'm worse at what I do best and for this gift I feel blessed

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Interesting....yes it is true that overdrafts aren't covered by the Consumer Credit Act as are credit cards....yet CQ put 'agreement' in their POC's.....do yo uknow if there are a substantial amount of charges on the account too ?

 

Have a read here also - Statutory Demand: Service by Post - Consumer Wiki

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I am not sure as I have today posted a SAR, however at the bottom of the letter from Natwest it says;

 

Agreed overdraft limit £0.00

Current account Balance £2270.32 dr

 

Interest rates applicable on arranged facility;

Nominal monthly rate (debit interest) 0.0%

Nominal annual rate (debit interest 0.0%

 

 

ok i'm going to go buy a scanner from tesco when the missus is home from work lol

I'm worse at what I do best and for this gift I feel blessed

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Ok this is the Stat demand that I received through the post as first contact with Capquest to which I sent a statute barred letter.

Edited by sorrylittlelot
removing personal details from documents

I'm worse at what I do best and for this gift I feel blessed

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These are the replies I got to my DCA letter, as you will see it was put on hold for 28 days on 17th December so I just left it and waited for them to contact me and then on 18th Feb I recived the letter that is in the next reply

I'm worse at what I do best and for this gift I feel blessed

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These are the replies I got to my DCA letter, as you will see it was put on hold for 28 days on 17th December so I just left it and waited for them to contact me and then on 18th Feb I recived the letter that is in the next reply

I'm worse at what I do best and for this gift I feel blessed

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These are the replies I got to my DCA letter, as you will see it was put on hold for 28 days on 17th December so I just left it and waited for them to contact me and then on 18th Feb I recived the letter that is in the next reply

Edited by sorrylittlelot

I'm worse at what I do best and for this gift I feel blessed

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They're all too small to read. Have yoiu tried uploading them to photobucket and inserting a link?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I'm worse at what I do best and for this gift I feel blessed

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OK....so no CCA sent, (to which they refer to in the demand), no default notice in the prescribed format....did you get the set aside and affadavit forms in ? And they have sent no proof that the debt is statute barred....(despite saying when the last payment was made) they STILL haven't proved it....I'd urge you also to report them to your local MP and OFT !!!

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