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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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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.
      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
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Money worries debt management (genuine or fakes?)


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Hiya justa little info about me, when i was 18 i got credit cards thrown at me wiv £1000 limits on them, 21 years old now and im £15k in debt. At the start i was fairly good at paying the money back untill i went on sick from work and couldnt afford to pay them and then i lost my job. The companies never bothered me about the money so i found a new job and decided to deal with 'Money worries'.

i contacted all of my creditors saying that i would now be dealing with this company and to contact them for further info........................ after 4 months i have now got 1 ccj and 9 other people threatening to take me to court. Money worries have not helped me in the slightest they took money from me and never even contacted the creditors. I phoned everyone of them and sent them a letter making an offer of payment and within 2 weeks they all had accepted the offers i had made them, now i have lost every penny i paid to Money worries and they refuse to pay it me back. I even incurred bank charges and the refuse to pay me the money back that has already been taken from my wages!!!. Please if anyone else has had this problem let me know how you dealt with it because im at a bit of a loose end at the min and i cant afford to just lose the money like that.

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Hi sparkly pixi dust and welcome to CAG, i had never heard of the company before i logged on to there website and read their claims of writing off up to 75% off of debt. I have been dealing with a small private owned debt management company for years with no problems. To begin with i payed £100 set up fee, then a monthly fee to pay the creditors and admin fee, to begin with, the creditors kept writing and phoning me,saying i was still responsible for the debt, until i gave them permission in writing to speak to the DMC directly, all the creditors agreed small payments paid through debt management and stopped hassling me. Hope this helps explain the service you should have been getting.

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  • 6 months later...

Hi Blueda, should not then DMC advise their client to write such letters?

 

Is there a way to cancel the contract with DMC and get fees and monthly payments back if they never agreed with, let alone forwarded the monies to, the creditors?

They never sent a statement either.

 

Thanks.

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Hi Marivanna, i take it that you are parkly pixi dust with a new name, you should contact trading standards about this company, as they have not done there job, then you should receive a refund. Debt management companies should do all the contact with the creditors, and should have sent you statements.

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Hi Blueda, no, it was not me before. I was just looking if anyone enquired about this company. Not to start new thread.

 

I also found a case on FOS news site, where DMC had to refund all ££:

75/02

debt-management company’s poor administration creates further difficulties for consumers seeking help with existing debts - issue 75 - consumer credit complaints

 

I thought, maybe, you could point me to a sample letter quoting DMGuidance from OFT and, possibly, something re distance selling - service was sold on the cold call over the telephone. Until I study all regulatory documents, my time window might close, if there is any.

 

Anyway, thank you for support and encouraging. I will start communication with DMC, see what they say. I'll keep this thread updated, whatever the outcome.

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  • 1 month later...

DO NOT USE THIS COMPANY

 

When you have debt problems, you can become desperate and your otherwise good judgement becomes clouded.

 

I contacted Money Worries Ltd, (via Yes Loans...BAD), to set up a debt management plan to pay off creditors. During the 14 day cooling off period they managed to take £423 from my bank account as an initial payment. I DID NOT authorise this. They have eventually agreed to pay the money back but to date have not done so.

 

They made a poor financial assessment of my current situation and wanted me to pay £250 per month to pay the debt off. The figures just didnt compute and this is when I got worried. I could only afford £143 per month. My 3 year old daughter could have told me that !

 

They are extremely difficult to contact. The 0870 and 0845 numbers provided will oly put you on hold for hours and at great cost to you. I have found this number useful if anyone is having difficulty contacting them to cancel..01633 712 854.

 

They have no interest whatsoever in helping you resolve your debt problems. They ONLY want your money.

 

I now use the CCCS, Comnsumer Credit Counsellng Service, the advice is sound and very helpful. Most creditore advise you to use the CCCS. Its completely free.,.....NO FEES.

 

Any debt management company that wants to charge you a fee is ONLY interested in making money out of you.

 

Be aware....Money Worries will not help you......they just want your money.

:evil:

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