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    • own topic created  tnx the info. dx  
    • this debt: MBNA Bank of Scotland Card debt- LInk got a CCJ - now want payment review - MBNA - Consumer Action Group and a barclaycard loan - did you ever send the a CCA in all these years.....when was it taken out?    
    • Welcome to the Forum. The PCN must be subject to Bye laws as the warning near the bottom of the PCN does not comply with the protection of Freedoms Act 2012 Schedule 4 Under Section 9 [2][f[] of the Act it should say: (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; Their version states they are pursuing you as the driver [because of the Bye laws they cannot transfer the liability from the driver to the keeper] even though you are the keeper. Should it go to Court Judges do not accept that the driver and the keeper are the same person. Obviously on many occasions another member of the family may be driving instead of the keeper. Indeed anyone with a valid motor insurance policy is able to drive your car. if any of the three cars were not driven by the keeper they are not liable to pay the PCN only the driver is.  as long as they do not divulge who was driving those lovely people at Alliance haven't a hope of winning against them in Court. What a shame. However while those keepers who were not driving are in the clear all is not lost for the other keeper drivers. Alliance still have to prove who was driving which is difficult providing those keepers do not appeal.  It is quite often that on appeal the keeper may say "I entered the car park at....."  immediately giving away that they were the driver. Plus even if you appeal it won't be accepted as a] they lose £100 straight away and b] mostly all the major car parking companies are dishonest scrotes. In the meantime you will be on the receiving end of threatening letters from Alliance, unregulated debt collectors and fifth, sixth or even lower rated solicitors all trying to frighten the life out of you to cough up. They can all be safely ignored since if you don't contact any of them they don't know who was driving so have no information that the can use in Court to identify the driver. Some time in the future they may send you a Letter of Claim which must not be ignored. Just let us know and we will advise a suitable snotty letter to send them which will show that you are not afraid of them and are happy to turn up in court knowing that you will win. Sorry it was a bit long winded.  
    • He’s still At it from a bungalow on Haslingden Road. Changed name to Bamberbridge cars with a Preston based phone number (01772) but dodgy dealings at the bungalow are still a go.
    • Britain faces new challenges from an older and sicker population, according to a new report.View the full article
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Complaining to the OFT


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Complain to the OFT about unfair DCA collection practices.

 

http://www.consumeractiongroup.co.uk...0&d=1218223910

 

This template, from the OFT's web site is to be used when there is a breach of the OFT's Debt Collection Guidance, as stated and defined in the following link:

 

www.oft.gov.uk. This outlines DCA practices which the OFT regards as unfair and which DCA's should be aware of and should adhere to.

 

This form was designed for use by advice agencies and third parties eg solicitors. However, the form can be used by individuals too.

Please ensure that you keep a copy of the completed form for your future needs/ reference and post in the debt forum to update on progress.

 

Print it off, complete it and send it to:

 

Enquiries Centre

Office of Fair Trading

FREEPOST

London

EC4B 4AH

 

The more people who do this, the more chance we have of something being done about illegal DCA harassment.

 

DebtCollectionComplaintForm.doc

 

Thanks to Noomill060 who spotted this.

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Very good find by noomill,

 

I will be completing this form asap.

 

Daughter got into arrears with hbos

 

hbos sell or pass the debt to McKenzie Hall

 

I pay off the debt and ask for a receipt (no receipt forthcoming)

 

McKenzie Hall sell on the alleged debt to Cabot (where is Cabot team)

 

We do not respond to Cabot in any form so they eventually see it as a no hoper and yes they sell it on to ruthbridge (first letter received from them full of total threats and bailiff threats and court threats etc) letter ignored

When it comes to crunch time I will point ruthbridge to cabot and cabot to mckenzie hall and then produce the payment slip from my bank with the mckenzie hall sort code and account number showing the arrears were duly paid. (with hindsite I should have told mh to get stuffed)

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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I printed this form off a while ago. I understood it was for 3rd party's and advice agencies only, which is why i took my complaint straight to TS and also informed them of the said form and an email which i was going to forward directly to the OFT via their enquiries email address- [email protected] regarding my particular situation

 

So does this mean that the general public can use this form also to make complaints directly to the OFT?. TS don't seem to agree. As far as i have been informed it's for agencies like C.A.B dealing with the public's enquiries.

 

Besides this when you contact the OFT by phone they say they do not deal with complaints from the general public and give you details of consumer direct.

 

I would appreciate it if you have any feedback on this, as if this is correct i will post all my complaints via this form regarding all my disputes against the DCA's i am dealing with.

 

Regards.

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Just got off the phone to the OFT, yeah it seems that anyone can use this form, seems TS were telling me little porky pies.

 

Happy days, i will be sending a few of these forms off in the near future:)

 

Regards.

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  • 1 month later...
I printed this form off a while ago. I understood it was for 3rd party's and advice agencies only, which is why i took my complaint straight to TS and also informed them of the said form and an email which i was going to forward directly to the OFT via their enquiries email address- [email protected] regarding my particular situation

 

So does this mean that the general public can use this form also to make complaints directly to the OFT?. TS don't seem to agree. As far as i have been informed it's for agencies like C.A.B dealing with the public's enquiries.

 

Besides this when you contact the OFT by phone they say they do not deal with complaints from the general public and give you details of consumer direct.

 

I would appreciate it if you have any feedback on this, as if this is correct i will post all my complaints via this form regarding all my disputes against the DCA's i am dealing with.

 

Regards.

 

Did you get a reply from OFT following your email, I submitted one myself, so im looking to see the estimated response time. Or do they generally just deal with it for you and let you know im months to come once something is done?

Train hard...Fight easy

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Did you get a reply from OFT following your email, I submitted one myself, so im looking to see the estimated response time. Or do they generally just deal with it for you and let you know im months to come once something is done?

The OFT seem to reply in about 7-10 days. However certain complaints seem to get a quicker response e.g Phoenix SARL-MARLIN who seem to be high up the OFT "hit" list getting an almost instant response.

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Did you get a reply from OFT following your email, I submitted one myself, so im looking to see the estimated response time. Or do they generally just deal with it for you and let you know im months to come once something is done?

 

I submitted the first one last week as i was waiting for the final details from the creditor in question and confirmation from Trading Standards. Although it maybe pointless i thought it was better to send all correspondence regarding my dispute which clearly states that the creditor involved and DCA were both acting illegally. I have also sent and email to the OFT regarding the same DCA but a different creditor to which i received a reply today via email, i have started a new thread about the response i received.

 

Regards.

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Thanks for that info payback, the cheekt on these DCA's is unreal

 

Do the DCA get a fine upon us making a complaint from the OFT or TS?

 

Depends on how many people complain really about the same company. If there is an abundance of complaints they have to act, which is why the more people that complain the better for us debtors. Below is a small exert from the email i received from the OFT.

 

"In considering fitness we take into account whether a business has engaged in improper business practices. Where we receive complaints about the business practices of licensees, we investigate them and where appropriate we take enforcement action; that action depends on the evidence and circumstances. Action the OFT can take includes revoking, refusing or suspending a licence; or placing conduct requirements on the licence of the company or business in question (failure to comply with a conduct requirement can result in a financial penalty being levied)."

 

Regarding TS, they are useful with harassment complaints and if they think your complaint is viable they will pass your details over to the home authorities for their perusal, they do not have the power to impose fines. In my situation they sent me consent forms to sign and dealt with my situation on my behalf;)

 

Regards.

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Thanks for that.

 

Main reason i asked about the fine was because, i used to work for a telecoms company, whenever we got a comaplint that went to Ofcom we gererally had a £400 fine

 

Thanks anyway

Train hard...Fight easy

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Hi all, looking into this company for a cagger and noticed that their consumer credit licence expired on 16th June 2009....their renewal is open so am thinking now is the time to make sure everyone gets their complaints to the OFT and make them reconsider!

 

Public Register

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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The OFT seem to reply in about 7-10 days. However certain complaints seem to get a quicker response e.g Phoenix SARL-MARLIN who seem to be high up the OFT "hit" list getting an almost instant response.

 

Might as well send my complaint in too - just read through the OFT Guidelines and and Marlin are currently not complying with sections 2.2b, 2.2g, 2.3, 2.4e, 2.4f, 2.6h, 2.6i, 2.8i, 2.9k and 2.12k in regards to an unenforcable debt which I CCA'd in 2007.

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Hi all, looking into this company for a cagger and noticed that their consumer credit licence expired on 16th June 2009....their renewal is open so am thinking now is the time to make sure everyone gets their complaints to the OFT and make them reconsider!

 

Public Register

 

The public register you linked to says is still current

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Wow, you are right PeteT. It was listed as renewal when I posted, surely they didn't jsut grant another that quick :eek::mad: My god, do they do any checks?

 

The expiry date is still 16th June 2009 though...strange. Definitely put in a complaint if you have one though, it should help.

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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the licence stays current until the renewal is sorted. There was a letter somewhere from the FOT explaining this. Can't remember where. Possibly a Link Financial thread. I think Angry Cat looked into it.

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Aaaah, I see it now, its in the history section of their licence. The are also Express Delivery and Swift Delivery, you know those lovely blank postcards folk get about parcels/deliveries/urgent messgaes?

 

Clowns :mad:

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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  • 1 month later...

Hi There,

 

Im pretty new to this, however I have been following CAG dialogue for some time........ fantastic forum and great community, all thanks to this, I will be donating every month!

 

I will start to say that as a result, I am at present issuing proceedings against Aktiv Kapital, TBI Financial Services and Lloyds TSB. ( I intend to represent myself and pushing on every court hearing).

 

For many things, 8 breaches, and 3 criminal offences in all! I am currently after some DCA's licence to practice.

 

I am also raising the questions that within the debt industry, how is there debt when alone £585bn been re-capitalised to Lloyds & RBS, yet toxic debt has been sold off for extra profit to DCA's and maybe backhanded commision back into the financial institutions..... who knows. I think todays bonus payments says most of it.

 

A.

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  • 2 weeks later...

Just bumping this up..

 

Please everybody if a DC has done ANYTHING wrong report them to the OFT.

 

Remember the OFT WILL act in numbers.....

 

HAK

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Just bumping this up..

 

Please everybody if a DC has done ANYTHING wrong report them to the OFT.

 

Remember the OFT WILL act in numbers.....

 

HAK

 

Quite Right HAK,

 

United we stand, divided we fall;

 

We need complaints in volume...if they step out of line RE:

The OFT Gudelines on Debt Collection and/or;

The Consumer Protection from Unfair Trading Regulations 2008 (CPUTR's)

 

REPORT THEM TO THE OFT!!!

 

AC

  • Haha 1
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Again Its been said time a time again complian to the OFT via your MP. This way it goes straight to the CEO Mr Finnagan.

 

HAK

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  • 4 weeks later...

The OFT still seem to be toothless. Granting licences against their own criteria and not investigating as they should. I honestly don't think they care as long as the money is rolling in.

 

Something for the journalists amongst us to get a grip on?

 

It's only when push comes to shove on super complaints that they take any notice, and that's only because it's under scrutiny in the public eye.

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