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    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (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. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
    • I lived there with her up until I gave notice. She took over the tenancy in her name. I had a letter from the council and a refund of the council tax for 1 month.    She took on the bills and tenancy and only paid the rent. No utility bills or council tax were paid once she took it over. She will continue to not pay bills in her new house which I'm now having to pay or will have to. I have looked online I believe the police and solicitors are going by the partner law to make me liable.   I have always paid my bills and ensured her half was paid then see how much free money is over.   She spends all her money on payday loans and rubbish then panics about the rent. I usually end up paying it or having to get her a loan.   Stupidly in my name but at the time it was because she was my partner. I even paid to move her and clean and decorate her old house so she got the deposit back. It cost me £3000 due to the mess she always leaves behind.
    • Paula Venomous refused to resign for 16 months and eventually did only because a doctor threatened to resign. Interesting snippets and insights in the article. Paula Vennells clung on to ‘plum’ NHS role after Horizon scandal ARCHIVE.PH archived 19 May 2024 21:49:07 UTC  
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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.
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All MBNA Caggers Fight Against MBNA's underhand tactics


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MBNA seem hellbent on confusing themselves. (three syllable words are a mystery in the Chester Puzzle Palace)

 

16 digit account numbers seem to cause mental meltdown!

 

Ah, that explains why they are a telephone bank then, and cannot string a letter together:D

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just received a letter from Lowell's Debt collectors, who purchased a credit card debt of mine from MBNA, previously Abbey National, a few years ago. The debt was just over 10 thousand pounds.

 

I sent off a payment in May 2009 to get a copy of the CCA. They said it was taking a long time to search for it in a recent letter.

 

Yesterday, I was informed that Abbey did not keep records going back that far and the debt has been written off. Simple as that.

 

For completeness, I also have two other CCAs with Egg and they are both in dispute because they are unenforceable, as apparently were many loan agreements from Egg dating back to that time-mine were 2002 and 2003. these debts cannot be legally collected and cannot be challenged in the County court (I live abroad anyway!).

 

Hope this encourages you.

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expect many more of those, we are still investigating letters. It just proves how incompetant they are.

 

And when their investigations are completed, you will receive the stock answer;

we will not enter into any further correspondence with you.

 

AC

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If it helps, I can you scans of all letters and contracts, but we will have to do it through secure messaging. Also the letter I sent to capQuest that put the fear of god into them!

 

expect many more of those, we are still investigating letters. It just proves how incompetant they are.
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There are two easy answers to that:

 

Firstly, in that case, I don't expect hear anything else from them about collecting the alleged debt.

 

Secondly, whether they want to reply or not, it's all down to the law. If they have tried to collect and continue to try and collect, unlawfully, an unenforceable debt, they may choose not correspond with me (lucky me :lol:), but they will have to correspond with all the regulatory bodies, such as the OFT, Banking Ombudsman, etc.:(

 

Both scenarios suit me.

 

And when their investigations are completed, you will receive the stock answer;

we will not enter into any further correspondence with you.

 

AC

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If it helps, I can you scans of all letters and contracts, but we will have to do it through secure messaging. Also the letter I sent to capQuest that put the fear of god into them!

 

yes please, I like to be prepared :D

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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And when their investigations are completed, you will receive the stock answer;

we will not enter into any further correspondence with you.

 

AC

 

Just had that response from CrapOne. All they keep sending me is the round robin recycled paper poor excuse of an agreement.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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interesting, I have an old abbey national, savings card account;

went into the local branch requesting general details;

they couldn't find any docs;

mislaid...incompetance.

 

I have only approx £40 in the account but they hold no records; roll eyes.

 

Now, I have to battle with, Santander.

 

Good grief, what goes on in these firms?

 

Sorry, a bit off topic but relevant.

 

AC

Edited by angry cat
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Hi David

 

Who is the DCA? Lowell's?

 

Anyway, whoever they are do a full CCA and SARS request on them using the standard template letters. Send a payment for 1 pound for the CCA and 10 pounds for the SARS.

 

Personally, i would recommend in your SARS request also asking for a coopy of the ded of assignment or transfer document-this shows that they have actually got the rights to the debt.

 

Remember at all times, it is up to the collector or DCA to prove that they are entitled to collect the debt, it is not your job to do that work for them.

 

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Interesting, have Restons fallen out of favour?

 

 

Of late MBNA seem to have been coming away from their long standing policy of selling on the debts.

 

This has usually taken the form of direct legal action through Restons.

 

Point of flagging the thread was that, for whatever reason, it doesn't always seem to be the case.

 

David

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Could it be they pass the ones they think they can win to Restons and flog off the duds?

 

Following on from this, has anyone who's account has been sold to a DCA actually been taken to court by that DCA? Just wondering whether it was possible to prove/disprove U/D's theory;)

 

Apex are now getting serious with their threats of this to OH, so I'm pondering the likelihood that they will go the whole hog and issue proceedings........

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Didn't mean to imply that DCAs would not take the court route - whether account is a dud or not;)

 

Think most creds, whether OCs or DCAs, are so arrogant and greedy and have their heads so firmly wedged up their own behinds, they will go stampeding on, even if it's over a cliff.....

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Could it be they pass the ones they think they can win to Restons and flog off the duds?

 

I think there could well be a number of factors:

 

Does the CCA exist?

 

How bad is it if it does, what else went wrong and how many porkies would they need to tell to try an fix it?

 

A very significant factor could also be if there is a property to go after.

 

David

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by cashins:

 

A very significant factor could also be if there is a property to go after."

 

You HIT the Nail right on the head!

 

One cannot get blood out of a stone.

But, one can get something out of, property or, try to.

 

AC

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But what about those who own property (and have more than one account with MBNA) and have one account placed with Restons and another sold to a DCA?:confused:

 

Could be then it's in conjunction with the paperwork/errors. They think they can swing one not the other?

 

There is also a perception that if it goes to Restons, that's it, a POC is on the way pronto.

 

This went to Restons November 2008 and still no POC.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167407-mbna-now-restons-help.html

 

David

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But what about those who own property (and have more than one account with MBNA) and have one account placed with Restons and another sold to a DCA?:confused:

 

I'm in a similar position UD. Two accounts passed to different DCA's and one passed to Restons. As I've said before, I live in a bog standard house and any equity is due to price rises in the market which, as we all know, can be rather volatile and drop equally as fast as they rise!!

 

Oddly, the one Restons are threatening court action with is the oldest account and the one with the most abysmal copy of an application form. Hence, I am truly surprised that this is the account they are planning to take to court as it honestly wouldn't have been my first choice in their shoes!! :confused: :confused: :confused:

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

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