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    • The reason for the photos is to show you weren't displaying a permit.  They are supposed to check that the permit hadn't fallen off the dashboard. There is no point in appealing to PPM.  The very people who deliberately set up the site with rubbish signage to catch motorists out are highly unlikely to find against themselves. You've said several times that you think the company who you met with called PPM in so these are the people you need to contact in writing to request they call PPM off.  Until you do so we're going round in circles. If you don't want them to have your e-mail address simply set up a secondary e-address.  
    • Please see attached redacted judgment for further infoVWFS (UK) LTD - Salisbury CC - Judgment - 20240507 V Final _copy redacted.pdf
    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
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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.

      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.

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      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

Amber Credit - grrr! and help!


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Hi all,

 

First time posting here although this site has been very useful for browsing in the past. Unfortunately I now find myself with a situation which I need help with...

 

2 years ago I took out a car insurance policy with Greenlight Insurance. As I paid by instalments, I signed a credit agreement with Amber Credit.. not fully understanding the setup to be honest, but I didn't question it and merrily paid my instalments each month. In August 2007 I moved house and informed Greenlight, but not Amber as I never even thought about them - my arrangement was with Greenlight or so I thought.

 

In September 2007 I cancelled my insurance policy early as I was selling the car. I agreed the cancellation figure with Greenlight, I think I ended up giving them an extra £60 or something. They sent me my proof of no claims, I paid up and that was the end of it as far as I knew.

 

Today I tried to sign up for broadband and was told my credit check was refused. I checked my credit file and saw unpaid status being logged by Amber Credit since October 2007, for an amount of £33.

 

I eventually find out this is because Amber still had my old address (pre August 2007) and had apparently sent numerous letters there, as well as sending someone round to knock at the door and even checked local establishments such as the pub??!! I asked them if it occurred to them that I had moved house, and did they take the obvious course of action which would be to call Greenlight and validate my address? Well here is where the conversation started to break down, as of course they didn't do this, but have instead had the debt sitting on their books for over a year without trying to find my new address.

 

I do accept that it was my responsibility to contact Amber when I moved, although that wasn't made clear to me by Greenlight when I cancelled, and the whole arrangement structure was a bit of a mystery to me really. However I do take issue with the fact I had told Greenlight of my address, and that Amber could easily have avoided this situation by calling Greenlight to check it.

 

The guy I spoke to at Amber was extremely rude and kept calling my questions about the attempts they had made to find me "irrelevant". He started to accuse me of fraud and deception for refusing to reveal my current address.. but he hadn't even asked me for it!

 

It boils down to this: I have to give them £83 otherwise my credit file remains affected and I can't set up my phone/broadband contract which I need urgently. Should I swallow my pride and pay up? Can I ask Equifax to adjust my credit file if I'm disputing this situation?

 

Thanks in advance,

Angela

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Hi Angela and welcome also from me. Whatever action you take is going to take time, so your urgent broadband connection MAY have to go on the back burner until it is sorted out. The only constructive advice I can give at the moment is - don't speak to them on the phone. Hone up your letter writing skills and write to Amber explaining everything again - address it to the Managing Director and send it recorded delivery. Amber were taken over in March by Close Premium Finance, so send a copy of the letter to them also. Their address is

Close Premium Finance

21st Floor, Tolworth Tower, Ewell Road

Tolworth, Surbiton, Surrey KT6 7EL

 

Much more knowledgeable people will be along to help in due course, but in the meantime, I hope this bit helps.

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Thanks for your advice trilby. I'm thinking of writing to them with a cheque for £33 (the original amount which they say was outstanding) in full and final settlement. If they accept it, am I right in thinking the rest of the debt (£50) would be written off?

 

Perhaps if I send the cheque with a letter setting out the facts and how I would have paid them had they made any effort to check my address, plus how abusive their telephone representative was, then they might figure its less hassle to just accept the cheque and let it go? Or am I being too optimistic!!

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Some do, some don't. I wouldn't send the £33 just yet. Had a small run in with a DCA a couple of months ago where I had written to the original creditor on a couple of occasions asking for their proof that I owed what they alleged. I had no reply to those letters and then, like you, out of the blue comes a letter from a DCA. I gathered together all the relevant documentation, copied it, and sent it to the DCA together with a letter suggesting that as I had carried out the work which SHOULD have been done by both the original creditor and themselves, then I was entitled to bill them for it. My bill came to £10 more than they were claiming. I can't say for sure that I have heard the last of it, but it has been very quiet since I sent it two months ago.

 

In your case, you have had to chase up the insurers and try to get sensible answers from the DCA, none of which has been forthcoming. This, together with the unreasonable abuse you have received from the DCA should be worth more than they say you owe.

 

Offer to pay them £33 in full and final settlement if you wish, but don't send the cheque until you have it in writing that they will accept it, and carefully check the wording of their response! In fact, post it up here so that we can all have a look at it. Just to reiterate - don't accept any phone calls from them - you want everything in writing.

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