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    • No you're not doomed. It's a shame you covered up the dates and times on your PCN since they can possibly help your case when they don't comply with the requirements of the rules in private car parks. Could you please therefore include the arrival and departure times as well as the date of the offence and the date on which they alleged they sent you the PCN. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4.since the wording should invite the keeper to pay the outstanding amount. Also I cannot see on the PCN that UKPO are the Creditor though I may have missed it since it is so unusual not to include it. The upshot is that you as keeper are no longer liable to pay the charge if the driver fails to pay within 28 days-0nly the driver is now liable. As Courts [assuming it gets that far ] do not accept that the driver and the keeper are not the same these rogues will have a hard job who was driving unless you appeal or have appealed and revealed who was driving. You did say that you weren't parked there long and had that been correct you have perhaps 15 minutes where you might have had a further. argument. As it judging by the confusing times mentioned in the wording or the PCN you were there for almost an hour? However as the light was not good and I presume the signs were not illuminated that is a reason that you could not see the sign. And did you have your blue badge showing ? Interestingly the post code quoted does not agree with the Post office one in West houghton= BL5 3JS Are there two different Tesco  car parks in Bolton. You obviously could not be in two places at the same time...............
    • Especially because you have bought the car on finance, there is probably quite a lot that you can do although it sounds as if you are maybe taking the appropriate steps anyway. However you need to give as much more information. We need to know – the name of the dealer details of the vehicle, make, model, mileage, age, price paid – 70 8K? The name of the finance company – and some dates. Date purchased, the date that you have logged this with the FOS and I'm sure there will be other questions. I suppose that you don't understand your consumer rights very well because issues like the sunroof et cetera should have been repaired by the dealership and there was no need for you to spend your own money on this. On the basis of what you have told us, I would suggest that eventually should be up to recover all of your money plus the expenses you have incurred in carrying out repairs. And in fact – you could also list out the faults which have manifested themselves so far and the money you have spent on correcting those. You are entitled to purchase a vehicle which is of satisfactory quality remains that way for a reasonable period of time. At £78,000 I wouldn't expect any serious issues to manifest themselves in this vehicle for quite a few years. Tell us also about the £2400 inspection that you have had carried out. Were you advised to do this? To do this of your own initiative? Who carried it out? That lot for a start
    • Hi Dx, I am hoping you have had an opportunity to skim through this thread. Please may I give it a humble bump for your consideration. My last date to present a WS is Wednesday the 17th. Many thanks and kind regards 🙏  
    • Hello I've got a parking ticket, see here... https://ibb.co/DfHqg9F https://ibb.co/QvqH52m https://ibb.co/pbPPdDg https://ibb.co/X2F1X25 I've been parking at a particular corner in a small Tesco car park for years. Recently they put two electric charging plugs, one where that spot is and one at the bay next door, so I stopped using them out of courtesy in case they need to be used (I use that Tesco every day and drive past every day but have yet to see anyone use them). Recently I went back to Tesco when it was reasonably dark. All the bays were full, including the three blue badge bays. I have one but none of the cars parked in the bays did, I noticed as I walked past them (nobody ever gets pulled for that because Tesco have never policed this small car park before). Since there was two free electric bay spaces, and since I wasn't going to be long (just one product), I parked into my former 'regular' spot. There was a notice on the wall but if I'm honest I didn't read it because (a) I'm thick, and (b) I honestly thought it was just telling people how to use the device (like I said, I'm thick) rather than this being a parking fine. I went back during daylight and the sign is very obvious (as you can see from the picture), although not so obvious at night, although probably still obvious enough for you to tell me "tough luck, pal". Now they want £100 or £60 if I pay quickly. Am I doomed?
    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
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    • 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.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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Just had 2 interesting calls from a company telling me that Red collections (AKA Lowells) had informed them that as I had not kept to my arrangement of £5 a month that they intend to instruct the courts to enter a civil bankruptcy against me. They told me that Red do not have to inform me of this & the first I will hear about it is from the courts.

 

Can they do this ?

If they do & the court make me bankrupt what happens to my benefits & do the courts send anyone to my flat to obtain goods ?

What happens to my other debts ? I have some CCJs would they be paid separately to a bankruptcy agreement (bearing in mind I have paid nothing to any of them for at least 6 months or more)

I also had a HP agreement for a car which was written off & then stolen but I still owe the HP company £9000 or so

 

What do I do ?? thie company who phoned me claim to have sent me 2 letters friday (bank holiday?) so hopefully i will have a little more info soon

 

I am in a panic cos I know that your bank account is frozen if you are bankrupt amongst other things

 

any help you can give me will be great :(

 

thanks

 

martyn

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Just had 2 interesting calls from a company telling me that Red collections (AKA Lowells) had informed them that as I had not kept to my arrangement of £5 a month that they intend to instruct the courts to enter a civil bankruptcy against me. They told me that Red do not have to inform me of this & the first I will hear about it is from the courts.

 

Can they do this ? they will have to serve you properly with a statutory demand first and only if it is serve properly, then you can put it aside as long as you have ground for it !

If they do & the court make me bankrupt what happens to my benefits & do the courts send anyone to my flat to obtain goods ? if you are BR then your OR will no interest into your benefit ans only take good which have a value of over 1 000 pounds at least

What happens to my other debts ? I have some CCJs would they be paid separately to a bankruptcy agreement (bearing in mind I have paid nothing to any of them for at least 6 months or more)

I also had a HP agreement for a car which was written off & then stolen but I still owe the HP company £9000 or so If you go Br then all your debt incuded CCJ are wiped off apart from court fine

 

What do I do ?? thie company who phoned me claim to have sent me 2 letters friday (bank holiday?) so hopefully i will have a little more info soon

they are probably threatening you to pay up more but be carefull if i were you send a CCA to them (alongsidne the harassment letter to stop them form calling you ) to see if they have the right paperwork.

 

I am in a panic cos I know that your bank account is frozen if you are bankrupt amongst other things yes they are frozen but you can ope up another one with the co-op or Barclays and befoer you go to the BR hearing you will have time to qwithdraw all money left in your account.

 

any help you can give me will be great :(

 

thanks

 

martyn

 

i hope this but i suggest you give a ring to National debtline for some independent and non judgemental advise and do not call or answer the phone to any DCA as they will threaten you, scare you and/or intimidate you into paying more. don't forget peole working in a DCA have a very little IQ And are a bunch of moron program to pressurise you into paying what you cant afford !

 

 

Don't panic ! there is alot of people to help you and keep everything in writing with any DCA, good luck

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one of my debts a loan that went to ccj was signed for by myself & my wife. On our credit files she is only listed as defaulted I am down as a CCJ

 

If I go bankrupt would this debt be wiped out or would RBS look to getting the money from my wife (a point worth mentioning is that they have never approached her for any money only me)

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Red Collections are telling lies in order to panic you.

 

In order for them to petition for your bankruptcy they must first issue a Statutory Demand and there are legal guidelines for serving this on you. You can apply to have this set aside if your have appropriate grounds for doing so - and one of these is that the service was not legally compliant.

 

Some factors to bear in mind -

- if the debt is fr less than £750 then they cannot petition for your bankruptcy.

- the cost to them of petitioning for your bankruptcy is, very roughly, £1600. They have to be sure of getting that back as well as the original debt.

- if you are made bankrupt then any assets you have are realised and paid out pro rata to all your creditors

- CCJs are included in your bankruptcy

- secured debts (inclusing mortgages) are not included in your bankruptcy.

 

Bankruptcy is a serious business. It will seriously affect your credit for six years, and you may possibly lose your job (people like bank staff, police, etc are not allowed to be bankrupt).

 

Your best bet is to look at the National Debtline website http://www.nationaldebtline.co.uk

and the Government's Insolvency website The Insolvency Service Website

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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thanks for that pallermo :)

 

would be funny in a way if they did file for BR as I have no assets & I only get JSA so they would end up getting less per month than they would of got had they reset the arrangement all our goods are worth under £1000 & most of it was given to us or 2nd hand from charity shops

 

My credit is ruined til 2012 anyway cos I have a CCJ from 2006 plus a lot of defaults so I may tell them to bring it on !!

 

I currently have 7200 in CC bills

CCJs totalling 4200 + another for a loan totalling 22500 (wife would be liable as claim was made against both of us, although judgement was against me only)

HP 9000

a few other small loans totalling 1000

 

so maybe BR is the answer

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you probably right as you have no asset and are on state benefit you wil have no IPA/IPO however if you go Br your wife will have to as you have some joint debt ( the 22500 loan).

 

but before you consider this route make sure you seek legal/fiancial advise either to the CAB or National debtline .

 

also research as much as you can regarding Bankruptcy th emore you knwo about it the better you will be able to ascertain if it is right for you.

 

If you go BR everything will be wiped off, you will start with a clean slate . however there is some consequence to it so think carefully before u jump!

 

i had dealing with red and lowells beofe i went BR they are a pain in the backside !

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  • 3 weeks later...

Hi folks;

 

General comment if I may; It amazes me more and more as I catch up with info and events on the CAG forums again (yes I am being chased - am 67 and health is suffering) to find that so many of these DCAs can on more or less a whim get court orders against you , drag you into court and humiliate you without so much as a by your leave in the first instance by the courts.

It seems as though anyone can get a court order or judgement against anyone without providing any proof or where with all that they are legaly entitled to do so.

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