Jump to content


  • Tweets

  • Posts

    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (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; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
  • 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

Response to my CCA request


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5596 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

Hi all,

 

I'm starting a new thread to my problem as the last thread was getting a little messy, so sorry to those who have already read / replied.

 

I sent a CCA letter to Regal Credit on 21st December, and they replied by saying that they will request a copy of the signed agreement from Barclays. To date, I have heard nothing, except for this letter which arrived yesterday...

 

 

NOTICE OF SALE

 

We have made every effort on behalf of our client to contact you in order to come to an acceptable agreement to clear the above liability, without success.

 

This letter is to formally advise you of our intention, in 14 days, to pass your account back to our client with the recommendation to them for the account to be sold. The impact of this to you will be that whilst the interest has been frozen during the period of our management of your account, this will be applied retrospectively and the full fees and charges detailed within our clients 'Terms & Conditions' will be added to your liability.

 

We are familiar with the process of the businesses that purchase debt from our client, their actions include extensive use of the Courts (including exploring all methids of Executing a Judgement) and/or a Collector will visit your home to duscuss this matter with you.

 

We strongly recommend that you contact us IMMEDIATELY to put in place an affordable arrangement plan before the account is no longer under our control.

 

Yours faithfully,

REGAL CREDIT CONSULTANTS LIMITED

Legal Department

 

 

I am planning on sending them a copy of my original CCA request, along with a copy of the letter they sent me back stating that they were requesting the info from Barclays. I'm planning on attaching those letters to a 'account in dispute' letter. I've amended the letter slightly, so could someone just scan over it and make sure it'll be ok to send? I want to get it sent off this morning...(Items in bold have been added by me)...

 

Dear Sir/Madam

 

Thank you for your letters of 22/12/08 and 16/01/09, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the 16th December 2008, I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79). A copy of this letter is enclosed for your reference.

 

On 21st December 2008, a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

Inmy letter of the 16th December 2008, I made a formal request for a copy of the signed, executed credit agreement for the above account under section 78(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

To date, the only correspondence I have received from you regarding my request for a copy of the signed agreement is one dated 22nd December 2008, stating that you were “in receipt of my correspondence” and that you had “requested this information from our client”. A copy of your letter is again enclosed for your reference.

 

I have today received a letter from you of a “Notice of Sale” of the alleged debt. As you will be fully aware, a credit agreement that is in dispute cannot be sold onto a third party.

 

The 12 working day limit has expired, and you have been unable to supply me with a true signed copy of the credit agreement, and as you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains indispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

So folks - would that amended version be ok to send??

 

Thanks for all the help, it's much appreciated!

Link to post
Share on other sites

Letter looks fine, however the 30 day offence has been taken off the CCA1974...so you'll have to delete that, all that happens is that if they don't reply after 12+2 working days then they will remain in default.

 

Take this bit out

 

"And

 

(b) If the default continues for one month he commits an offence."

Link to post
Share on other sites

  • 2 weeks later...

Hi All,

 

I have today received a letter from Regal Credit Consultants in response to my letter above. It reads as follows...

 

"Thank you for your letter dated 20th of this month.

 

Upon receipt of your earlier letter we made a request to our client for the documents you requested. We have sought an update regarding the progress of this process without success. In view of this position we have closed your account so you will receive no further communication from us regarding this matter.

 

This is our final response, should it not be satisfactory to you, the matter can be escalated via the Financial Ombudsman Service.

 

Yours sincerely,

Nigel Rutzler

Collections Director"

 

 

So what does this mean? Does this mean I won't have to pay the debt, or does it simply mean that they'll refer it back to Barclays and they'll sell it on to someone else? Or will Barclays have no alternative but to write the debt off?

 

Thanks,

Lee

Link to post
Share on other sites

It means that they cannot provide you with a CCA so you can cease any further payments if you wish. Nor can they;

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* add further interest or any charges to the account.

* may not pass the account to a third party.

* register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

But saying that, it is not unknown for them to 'ignore' the above.....but that can be sorted:D

Link to post
Share on other sites

It means that they cannot provide you with a CCA so you can cease any further payments if you wish. Nor can they;

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* add further interest or any charges to the account.

* may not pass the account to a third party.

* register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

But saying that, it is not unknown for them to 'ignore' the above.....but that can be sorted:D

 

Wooo hoooo! Excellent! Well if anything else crops up afterwards, I'll deal with it as and when!

 

So am I in a position to have the my credit file 'repaired' and have anything to do with this account removed from my name with Experian / Equifax etc? i.e. have late and no payments taken off my file?

Link to post
Share on other sites

Wooo hoooo! Excellent! Well if anything else crops up afterwards, I'll deal with it as and when!

 

So am I in a position to have the my credit file 'repaired' and have anything to do with this account removed from my name with Experian / Equifax etc? i.e. have late and no payments taken off my file?

 

In theory yes, but it can be quite a battle see; http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/124065-default-removal-successes.html

Link to post
Share on other sites

  • 2 weeks later...

Hi all,

 

Regal credit today finally sent me my agreement that I had with Barclays, despite the letter I received preivously from them in post number 3 above. The agreement was only accompanied by a compliment slip, no letter asking for payments or anything like that.

 

However, the agreement they sent me is only a RE-PRINT of the agreement, and not an actual SIGNED copy!!

 

As there was no letter or anything that came with it, should I basically just forget it ever arrived in my post box, or should I send them a letter back stating that they are still in default, and that I thought it was gonna be the last time they were going to write to me (according to the letter in post 3)!!??

 

Regards,

Lee

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...