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

Help and Advice Needed


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5443 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

Hello,

 

I'm a new member and need some advice about a debt with Nat West.

 

I was contacted this morning completely out of the blue by someone from Wescot informing me that they had my Nat West debt and how was I going to pay the debt off.

 

The history of this is that my ex-husband took out a loan on our joint account over 10 years ago and when we split up Nat West hounded me for payment of the loan. I was first passed to Telford and agreed to pay them £5 per month. After a few years they then passed this loan onto Buchannan, Clark and Wells although I was not informed of this until I received a call from them threatening to take me to court for non payment.

 

I agreed a monthly payment with BCW and never defaulted on this, in November 2007 I phoned BCW asking for a new payment book, they informed me that Nat West had taken this loan back and to wait until Nat West contacted me.

 

I have had no contact from Nat West and had no idea that Wescot had this loan until this morning.

 

The first phone call I received he stated that I had defaulted on this loan as I had not paid since Nov 07. When I tried to explain the situation to him, he said he would contact his legal dept and put the phone down on me.

 

I then spoke to another lady, who stated that because I paid other creditors I should halve my payments to them and pay the rest to Westcot?

 

Can anyone help me with some advice as to where I should go from here? I spoke to CAB and they said as Wescot had refused my payment offer there is nothing more they could advise me but to speak to my Bank about a loan to pay off the Nat West Loan?

 

Sorry this post is so long.

Link to post
Share on other sites

  • Replies 56
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Hi and Welcome to CAG!

 

I would send of a cca request to ensure Wescot have the right to collect and all paperwork is in order.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

Re: Account no: xxxxxxxx

Thank you for your letter dated (enter date) which has been noted for future reference.

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance.

Yours faithfully,

 

Include £1 postal order and print your name do not sign it and send recorded delviery to Wescot

 

Ida x

  • Haha 1

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. They have 12 + 2 days to comply to your request. If they fail or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I look forward to hearing from you.

 

Yours faithfully

 

(Print do not sign signature)

Link to post
Share on other sites

Hi blueknight - welcome to CAG

 

Firstly, can you confirm that this was a loan with Nat West & not an overdraft?

 

2. If a loan, have you got a copy of the original agreement, if an overdraft a letter confirming details of terms etc? Have you ever applied for a copy of the credit agreement? If not, this would prob. be your starting point but post back with other details first.

 

3. Have you ever received a default notice from NW or a Notice of Assignment from NW or any other CRA? Is it possible that you have moved & not received these?

 

4. Most importantly, Westcot cannot just demand money from you over the phone. If they phone again, tell them to put everything in writing. Never, never speak to them.

 

5. Was this debt not included as part of your divorce settlement? i.e. although it is a joint loan & both your husband & you are jointly & severally liable for it, its existance should have been declared by your husband prior to the divorce & you may have a case for claiming against him but you would have to consult the solicitor who dealt with it on this.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

Additionally, buy yourself a telephone recorder and record all calls.

 

They will always have you at a disadvantage if you don't

Link to post
Share on other sites

Hi,

 

Thank you for your quick responses.

 

The debt is for a loan and I do not have a copy of the original agreement.

 

I have never received a default notice or Notice of Assignment from NW or anyone else and all my post was being forwarded to my new address when I split up.

 

The debt was not declared by my ex and not included in any settlement. The settlement was quite complicated and at the time my solicitor said that I was liable to pay this loan as it was from a joint account, which is why I started paying NW in the first place.

 

I have no reference numbers from Westcot as it was just a phone call, but I will probably have something somewhere with a NW Ref No but if not will this matter when I write to them.

Link to post
Share on other sites

Hi,

 

The debt is for a loan and I do not have a copy of the original agreement.

 

Send off for a CCA with the 'I do not acknowledge this debt' letter as above as soon as you hear from Westcot. It may be that they cannot produce on in which case you could put the account in dispute after 12+2 days & not make the payments if/until they produce an enforceable CCA. Look around the forum, you will soon get the hang of the process, or post back.

I have never received a default notice or Notice of Assignment from NW or anyone else and all my post was being forwarded to my new address when I split up.

 

They have to send you a default notice in the prescirbed format & also a NOA before they are entitled to collect the debt. It may not have much relevance now but will have if they attempt legal action against you.

 

The debt was not declared by my ex and not included in any settlement. The settlement was quite complicated and at the time my solicitor said that I was liable to pay this loan as it was from a joint account, which is why I started paying NW in the first place.

 

It may be that the solicitor accounted for it in the financial arrangements but I suggest you check with the sols.

 

I have no reference numbers from Westcot as it was just a phone call, but I will probably have something somewhere with a NW Ref No but if not will this matter when I write to them.

 

Westcot will contact you quickly enough if they have been assigned the debt. Suggest you wait for the post for the moment & in the meantime, refuse to speak to them on the phone. As BF advises, get yourself a telephone recorder - you may need to prove harrassment one day

FG

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

Hi everyone,

 

I still have not received anything from Wescot in the mail although I have received five phone calls. This is despite telling them on the first call that I would like them to put everything in writing and stop phoning.

 

The reply I got was that they can't put anything in writing and that I was kidding myself!!

 

Anyway what I wanted to ask was although they haven't written to me I now have a reference number, so should I now send them a CCA request?

 

Although saying that I don't actually have an address to write to them!!

 

Besides all that, I would just like to say thank you for everyone that has ever written or replied to a post on whole of this forum (of which I've probably read most of them over the last few days) because if I'd never found this site I would be bawling my eyes out and getting myself all worked up that someone would be knocking at my door to take my stuff away. I'd also probably have agreed to everything they said on Friday and be paying them by now.

Link to post
Share on other sites

Suggest you also include the 'harassment' letter with your CCA. Link to template here:

http://www.consumeractiongroup.co.uk/forum/letter-templates/131250-dca-creditor-harassment-telephone.html

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

  • 2 weeks later...
  • 2 weeks later...

Hi,

 

By my calculations the 12 + 2 for Westcot was up today (they signed for letter on 16 Feb), received nothing from them or Nat West in the post this morning, does this mean I can now send the In Dispute letter today or will I have to wait until tomorrow?

Link to post
Share on other sites

  • 3 weeks later...

Hi Everyone,

 

Well finally received a letter from Westcot (well over the 12+2 days) stating they had attached the original agreement and now require me to contact them within 7 days and pay the account in full!!! AS IF!!!

 

Am I right in thinking that Nat West should have sent a photocopy of the original signed agreement that my ex husband and I signed?

 

If so, what has been sent is not it. Unfortunately cannot scan in a copy as my scanner is not working. Trying to sort out, so hopefully will be able to copy later.

 

But in the meantime, basically the first page is headed Credit Agreement regulated by the Consumer Credit Act 1974 and then lists the Nat West address and underneath my old address.

 

It then lists what the loan was for, the amount and the interest rate. Then underneath that the Total Interest and the Normal Montly repayments.

 

At the bottom it says IMPORTANT - You should read this carefully YOUR RIGHTS and then says what the act covers and my right to cancel.

 

On a second seperate page it lists 14 conditions and then on another page it shows a schedule of arrears.

 

The schedule shows my new address, the balance drawn, amount paid, total arrears and balance on the account.

 

It then goes on to give a list of missed payments to date under the original agreement.

 

Nowhere on any of these three pages is a signature or does it show any of the payments I paid to Nat West when the account was first defaulted on. I was paying them £5 a month and then BCW £5 a month until Nat West took the loan back in November 2007.

 

Please can someone advise if this is valid and what my next step would be?

 

Many thanks in advance

Link to post
Share on other sites

lol,

 

sorry didnlt notice,

 

was this an online application?

 

 

Ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...