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    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
    • Hi DX, Sorry, fell asleep as I was up all night last night writing that statement. Yes, I attached the rest of the witness statement on post 50, bottom of webpage 2. That's the important part.  It looks like the lawyer who wrote Erudio's Witness statement does not work for them any more. So, I'll have another lawyer representing instead. Not sure if I can use Andy's hearsay argument verbally if that happens.... I did not put it in writing. Apart from not sending deferral forms, my main argument is that in 2014 Erudio fixed some arrears mistake that SLC made and then in 2018 they did the same mistake, sent me confusing letters. What is the legal defence when they send you confusing material?
    • Chinese firm MineOne Partners has been ordered to sell land it owns near a US nuclear missile site.View the full article
    • That isn’t actually what the Theft Act 1968 S1 actually says, BTW. https://www.legislation.gov.uk/ukpga/1968/60/section/1 (1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it;   The difference between what you’ve said and the Act? a) intent to permanently deprive rather than  just depriving (which is why the offence of “taking without consent” was brought in for motor vehicles, as otherwise "joyriders" could say "but I intended to give it back at the end") b) dishonesty : If I honestly believed A's pen belonged to B, and took it and gave it to B - B might be found guilty of theft but I shouldn't be. 
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Mrs P V Cap One


phatram
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Dear Mrs P

 

Please see below for some guidance on the requirements relating to copies of credit agreements.

Entitlement to copy of your credit agreement

 

On written request when accompanied by £1, you have the right to

a copy of you executed agreement

any other document referred to in ita statement showing certain information (this information is set out in Section 78(1) Consumer Credit Act 1974

Requirements relating to copies:

The copy of the executed agreement need not be an exact copy but it must be a true copy. This means certain details may be omitted from the original agreement such as the signature but you must be in no doubt as to the true nature of your obligations under the agreement. Where the terms have been varied as provided for within the agreement, the copy of the original agreement must be accompanied by a document setting out the current terms, as varied (The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983).

 

Affect of failure to provide a copy of a consumer credit agreement:

 

Failure to provide a copy of your agreement within 12 days means the agreement cannot be enforced against you until a copy is provided (Section 78(6) Consumer Credit Act 1974).

 

Meaning of enforcement:

 

Unfortunately the meaning of ‘enforcement’ is not clear and therefore the question of whether a creditor can take you to court for debts owed in respect of an agreement they have failed to provide you with a copy of the agreement is not clear.

This issue was discussed in the case of Rankine & another v American Express Services Europe & others (High Court 16 May 2008 In this case the judge held that commencing proceedings was not enforcement. Please note this case is not an appeal case and is therefore not legally binding (i.e. does not have to be followed in future cases).

 

The Office of Fair Trading have provided some guidance on this area of the law but this guidance is only intended to assist trading standards departments with their advice and enforcement role and is not available to members of the public

The above advice is not intended to be taken as a definitive guide to the relevant law, only the courts can interpret statutory legislation with any authority

 

Please do not hesitate to contact me if you want to discuss this matter further.

 

Kind regards

 

xxxx xxxxxxxxxxx

 

Trading Standards

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Hi Mrs P, subbed to your thread as I am at the same stage as you. The default notice is defective as they cannot say pay up in 28 days from the date of this letter, they must specify an actual date.

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  • 3 weeks later...

I've had one of those too. If you write to them again, you will get a similar response and so the pingpong goes on.

 

They are playing silly bu**ers with my SAR at the moment. Allegedly they cannot find any information linking my name and my current or previous addresses. They want me to send them an account number. Not sure I have an account with them, but they keep phoning me asking for my date of birth :D

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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Thank you for your letter dated 1 JULY 2009 which quite frankly is a joke. You have NOT complied with my request, you have NOT sent what I requested and I refer you to the letter sent to you on the 24th June 2009, a copy of which is enclosed for ease of reference.

Yours faithfully

Edited by phatram
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  • 2 weeks later...

I've received identical letters today as well (1st and 3rd ones )

 

Just sent them this ....

 

Dear Sirs,

 

Thankyou for your threatogram that I received this morning. I am truly frightened by your letter and I therefore enclose a cheque for the sum of £xxx.xx as payment in full. Would you like any additional sums for your inconvenience?

 

Reality Check

 

Unless Capital One have located a signed, correctly executed consumer credit agreement then I do not owe any money.

 

I understand that you are a wholly owned subsiduary of Capital One and purport to be a seperate Debt Collection company. I suggest that you put up or shut up. Take me to court and produce the non-existent agreement.

 

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

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

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

* may not pass the account to a third party.

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

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

 

Capital One have already breached the Banking Code and have been reported for such.

 

Yours Faithfully

 

 

HomerJ :p

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ACCOUNT IN DISPUTE

 

 

Dear Sir/Madam,

 

 

 

Thank you for your letter of 14/07/09 the contents of which are noted

 

 

 

 

 

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with CAPITOL ONE BANK (EUROPE) prior to your first contact with me, and has yet to be resolved

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaints resolution procedure I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the CPUTR 2008, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

 

 

 

 

 

 

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

 

 

 

 

 

Yours faithfully

Edited by phatram
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I'm going to report this to the FOS asking them to force Crap 1 to prove this debt is mine.

 

Personally I dont think thats a good idea... FOS will side with Capital one in my opinion and just state you clearly have spent the money, the debt is yours.

 

Far better to restrict the complaint to Capital One will not provide the CCA which you require to check something (i.e. PPI / Prescribed interest rates not right) or something similar.

 

S.

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  • 1 month later...

 

 

I am in receipt of your letter dated xx September 2009

This account is in dispute with Capital One and has been since xx xxxxxxx xxxx.

Not only is this a breach of the Consumer Protection from Unfair Trading Regulations 2008 in line with the Office of Fair Trading debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998. My previous dispute from xx xxxxxxx xxxxx has NOT yet been answered

 

 

As Capital One Bank (Europe) plc are now in default of my Consumer Credit Act request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law

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

 

Now I would respectfully suggest that this account is returned to Capital One Bank (Europe) plc for resolution of these defaults and breaches, as Fredrickson International Ltd cannot lawfully pursue any enforcement activities.

 

If Fredrickson International Ltd chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection from Unfair Trading Regulations 2008 in line with the Office of Fair Trading Collection Guidelines. I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

 

Yours faithfully

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