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      MET CCTV PCN Starbucks closed - Southgate Park CM24 1PY

      By lookinforinfo · Posted

      You will probably get a couple more reminders followed by further demands fro unregulated debt collectors with even increasing amounts to pay. They are all designed to scare you into paying.  Don't. It's a scam site and they do not know who was driving and they know the keeper is not liable to pay the PCN. Also the shop was closed so they have no legitimate interest in keeping the car park clear. So to charge £100 is a penalty as there is no legitimate interest which means that the case would be thrown out if it went to Court.  Keep your money in your wallet and be prepared to ignore all their letters and threats. Doubtful they would go to Court since a lot more people would not pay when they heard  MET lost in Court. However they may just send you a Letter of Claim to test your resolve.  If yoy get one of those, come back to us and we will advise a snotty letter to send them.  You probably already have, but take a look through some of our past Met PCNs to see how they are doing.
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      IVA failure-DCA chasing-advice please

      By Jaksmyboy · Posted

      Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
    • Malocclusion
      MET CCTV PCN Starbucks closed - Southgate Park CM24 1PY

      By Malocclusion · Posted

      hi all just got the reminder letter, I have attached it and also the 2nd side of the original 1st pcn (i just saw the edit above) Look forward to your advice Thanks   PCN final reminder.pdf pcn original side 2.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Natwest Loan CCA - Whats wrong with it? Can You spot it?!!

BeerFun

By BeerFun
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Josie8

Josie8

Posted
Posted

Any more RBS? Narwest handwritten agreements out there

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

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BeerFun

BeerFun

Posted
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Posted

My problem is that as the amount is over £25000 its not covered by CCA, and therefore, I cant argue that "under CCA" its un-enforcable!!!:???:

 

See my issue?!!!!!!!!!!:evil:

 

I guess all I can do is argue that it was miss sold as a loan agreement? :Cry:

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paulwlton

paulwlton

Posted
Posted
When I first wrote to NatWest asking for my CCA, they set a letter stating that as the amount was over £25000, that it wasnt covered by CCA, when 3 days later that CCA loan agreement turned up!!!!!!

 

Now, should I write to Natwest or just go into the branch waving the copy and demand to know why I had been miss sold a loan???!!

 

I would hold tight...where was this agreement sent from.

 

I've pmd you my email

 

Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Josie8

Josie8

Posted
Posted
My problem is that as the amount is over £25000 its not covered by CCA, and therefore, I cant argue that "under CCA" its un-enforcable!!!:???:

 

See my issue?!!!!!!!!!!:evil:

 

I guess all I can do is argue that it was miss sold as a loan agreement? :Cry:

 

 

It is a regulated agreement becuase that is what they have entered into with you. The fact that it exceeds the £25,000 limit makes it unenforceable. It does not change to an unregulated agreement. They are stuck with having issued you with a Consumer regulated loan that doesn't comply.

 

So cool down....there's nowt they can do...................

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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BeerFun

BeerFun

Posted
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Thanks Josie, :)

 

 

 

I received it from East lending centre, via the Credit Management lot at kendal court, as thats whos address I had for writing to.

 

They had tryed to take me to court last year, twice (they wanted bigger payments!), but every time i went into the court Natwest didnt send anyone, so the judge just asked me what i wanted to do, and I said "pay a small amount each month" and he agreed!!

 

Better if I can just get rid of it!

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paulwlton

paulwlton

Posted
Posted
Thanks Josie, :)

 

 

 

I received it from East lending centre, via the Credit Management lot at kendal court, as thats whos address I had for writing to.

 

They had tryed to take me to court last year, twice (they wanted bigger payments!), but every time i went into the court NatWest didnt send anyone, so the judge just asked me what i wanted to do, and I said "pay a small amount each month" and he agreed!!

 

Better if I can just get rid of it!

 

CMS Telford.

RBSSCAM.jpg

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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paulwlton

paulwlton

Posted
Posted
That is completely illegal Paul - why haven't you done anything about this?????

 

Recreating agreements means fabricating them :-o

 

ILLEGAL

 

I have tried.

 

How trustworthy is your bank? | Money | The Guardian

MP fears bank's phantom paperwork may be just the tip of an iceberg | Money | The Guardian

Couple stung by £100,000 ‘secret’ loan - Times Online

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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cadencealex

cadencealex

Posted
Posted

 

 

Excellent - very pro-active :)

 

I feel very sorry for the 65 responsible.

 

How come you never took them to Court though? Have you pointed all of this out to the OFT?

 

I would be like a dog with a bone now :D

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JonCris

JonCris

Posted
Posted (edited)

As far as I can see it's as illegal as it can get but trying to get the authorities to act against their mates in the banks is a very real & disgraceful struggle.

 

Also we now know courtesy of Paul that the 'recreated' agreements are NOT true copies, as claimed in the memo, but include terms that were not in force at the time it was entered into. These 'new' terms allow the bank (after judgment) to add contractual compound interest to the loan thereby inflating their balance sheet........... & last but not least & despite what they claim to sue debtors for huge sums of money after the secret account has been allowed to accrue over a number of years

 

This practice means that a debt of a few thousand (say£5K) will mushroom to a sum of 10s of 1,000, in at least 1 case on this forum £100K (DanDebbie mention in the press)& the 1st the debtor will know about this now massive debt is when the final demand for payment arrives out of the blue followed closely by the court summons when you don't pay up because of course you can't & they know it so they will go for possession of your home (pity the bottom has fallen out of the property market init)

 

The reason this came to light is that Paul decided, like everyone here, to reclaim his bank charges & so sent a Subject Access Request. When the bank sent the papers they 'mistakenly' included statement to 2 accounts of which he had no knowledge for amounts that were clearly wrong & it was due to his tenacity & his tenacity alone that this practice was publicly exposed.

 

Since then a number of people have come forward who have been conned in this way & as many don't read these forums it's feared that there will be many others perhaps 100s or even 1,000s who have fallen victim to this alleged [problem] which we understand has been operating for years

Edited by JonCris
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JonCris

JonCris

Posted
Posted
Excellent - very pro-active :)

 

I feel very sorry for the 65 responsible.

 

How come you never took them to Court though? Have you pointed all of this out to the OFT?

 

I would be like a dog with a bone now :D

 

He has......... repeatedly ...........Get yourself a glass or glasses of vino & read his thread

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paulwlton

paulwlton

Posted
Posted (edited)
I guess that the banks dont let it get as far as a court incase a preidence is set against them going this? I Hope!!!

 

I wouldn't be too sure on that their lawyers use every dirty trick possible, including: failure to submit documents, misleading the court, ambushing the litigant in person with documents they are seeking to rely upon just minutes before an hearing, character assassination, the list goes on, unfortunatley the DJs have fallen for it. Sparkie and D&D have come across simillar tactics.

 

Paul

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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paulwlton

paulwlton

Posted
Posted (edited)
Oh, I have no memory of signing at that document! I remeber signing a document, just not that particular one, the info looks right, ie the repayments etc.

 

You have no memory of signing this particular agreement because you didn't.... the agreement was created at CMS Telford in 2008.

 

I suggest as a matter of urgency you forward CMS Telford a Subject Access Request.

 

How much is outstanding on the loan and when was it sent to CMS?

 

Has a CCJ been obtained yet for the outstanding amount?

 

PW

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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BeerFun

BeerFun

Posted
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Posted

They have agreed to reduce the sum from £23500 to £17000, if I make over payments.

 

No CCJ, but did take me to court seeking due to failure to maintain a Tomlinson agreement ( which we had agreed after a Default), but they failed to turn up and the judge sided with me and said that I only need to pay a minimum monthly sum.

 

Interestingly the court also detailed the sum as £17000!

 

The good thing is that they would have to go in front of the same judge if they wanted to try for a ccj, in which case i would just take the copy of the CCA they sent me, and argue that it was miss sold.

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paulwlton

paulwlton

Posted
Posted (edited)
They have agreed to reduce the sum from £23500 to £17000, if I make over payments.

 

No CCJ, but did take me to court seeking due to failure to maintain a Tomlinson agreement ( which we had agreed after a Default), but they failed to turn up and the judge sided with me and said that I only need to pay a minimum monthly sum.

 

Interestingly the court also detailed the sum as £17000!

 

The good thing is that they would have to go in front of the same judge if they wanted to try for a ccj, in which case i would just take the copy of the CCA they sent me, and argue that it was miss sold.

 

I can think of stronger aruments than "miss sold"

 

I would send somethink like this.

 

 

SUBJECT ACCESS REQUEST – DATA PROTECTION ACT 1998

 

 

As per my rights under the above Act, please send me details (in a legible format) of ALL data from ALL relevant filing systems held by yourselves that in any way relates to me as the data subject.

 

I expect that this information will include (but is not limited to) the following:

 

Copies of any regulated consumer credit agreement between us

Copies of all statements of any account held by you on me

Copies of any computer or manual notes in relation to any account held on me

Copies of any and all letters sent by you to me

Copies of any and all letters sent by me to you

Copies of any and all written communications to and from any 3rd parties that relate to me

Copies of all telephone call transcripts made in relation to any account held by me

Copies of any record of times/dates of any telephone calls made in respect of any account held by me

 

I also require that you forward to me data relating to any automated internal debt monitoring system used by your organisation which relates to me known as a router account.

 

 

I enclose the statutory maximum fee for this information of £10 and understand that you must comply with this request within 40 days of receipt of this letter.

 

 

I look forward to your prompt response.

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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shakespeare62

shakespeare62

Posted
Posted (edited)
It is a regulated agreement becuase that is what they have entered into with you. The fact that it exceeds the £25,000 limit makes it unenforceable. It does not change to an unregulated agreement. They are stuck with having issued you with a Consumer regulated loan that doesn't comply.

 

So cool down....there's nowt they can do...................

 

I think sections 2 - 5 of the consumer credit Act 2006 (in force 1st October 2008 ?) removed the 25K financial limit on regulated agreements except for High net earners (i.e. those earning over 150K salary p.a. / assets over £500k).

 

Would it apply for claims being heard after 1st Oct 2008 even if alleged agreement was made before that date ?

 

There is a similar issue with Nat West on the link below where Nat West can't find the original agreement and the judge mistakenly states they dont need original agreement because it's over 25K ..(the particular agreement was under 25K when made anyway)

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/132505-help-needed-re-natest-6.html#post1907390

Edited by shakespeare62
edited typos

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shakespeare62

shakespeare62

Posted
Posted

Here is a link to section 2 "Removal of financial limits" for regulated agreements , CCA 2006 :-

 

Consumer Credit Act 2006 (c. 14)

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Josie8

Josie8

Posted
Posted
I think sections 2 - 5 of the consumer credit Act 2006 (in force 1st October 2008 ?) removed the 25K financial limit on regulated agreements except for High net earners (i.e. those earning over 150K salary p.a. / assets over £500k). Only for loans after 6th April 2007

 

Would it apply for claims being heard after 1st Oct 2008 even if alleged agreement was made before that date ? YES

 

There is a similar issue with Nat West on the link below where Nat West can't find the original agreement and the judge mistakenly states they dont need original agreement because it's over 25K ..(the particular agreement was under 25K when made anyway)

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/132505-help-needed-re-natest-6.html#post1907390

 

 

See above

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Josie8

Josie8

Posted
Posted (edited)
Here is a link to section 2 "Removal of financial limits" for regulated agreements , CCA 2006 :-

 

Consumer Credit Act 2006 (c. 14)

 

 

Only for loans after 6th April 2007 re unenforceability

Edited by Josie8

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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