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    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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Mackenzie Hall. Do any of you know of them?


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Hi Mick

 

I'm very new here, so I'll leave the advice to somebody else who is more experienced than me. :)

 

Just wanted to say welcome.

 

Oh yeah and DON'T PHONE THEM. EVER!

 

(Although, having read a bit around these forums, I am tempted to ring them with call barring, ask them to confirm their personal details, then ask them how they sleep at night ...)

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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  • 2 weeks later...

please can someone help me on what to do, my husband recieved a piece of paper ripped off a note pad with a name and telphone number on it through our door.(very un-proffesional). my husband rang the number and spoke to a scotts lass, she tells him he owes a debt of £16,000 pounds from a loan he had and defaulted in 1999. my husband has never had a loan of that amount and tells her if anything it would be his ex girlfriend getting a loan in his name, when he left his ex he left behind his driving licence, national insurance card etc. his ex must of obtained the loan getting someone to obtain my husbands identity. she tells him he must go to the police and tell them and get a fraud ref number, then ring mh back and give them the number and will forward it to hsbc for investigation. then we kept recieving text messages off mh to ring the number and speak to (name). we did and asked them y they were sending us texts and not ringing if it was that important, there reply was it's just the way we do it, (this in it self seems very fishy).cut a long story short, we spoke to the police they said needed proof off mh, spoke to mh who accused my hubby of being a liar and fraudster and that he did have the loan and threatened him with court and sending bailiffs round to collect money owed. the guy's last words to my hubby was im here to get the money from you and i will do so in any way of means i can. this debt is nearly 8 years old. please what to we do and where do we stand. is there a certain amount of years where debts are wrote off?:evil:

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The debt is Statute Barred. Send these idiots letter M from the templates http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html and have NO TELEPHONE CONVERSATIONS WITH THEM WHATSOEVER.

 

They really are a bunch of low life bottom feeders who pick up on Statute Barred and Unenforceable Debt. Start a new thread and keep us posted and we will give you all the help you need to get these imbeciles off your back

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You should also report them to their local TS and the OFT as they are contravening the OFT guidelines on debt collection.

East Ayrshire Trading Standards are well aware of the activities of these clowns although they have failed to do anything with them

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The debt is Statute Barred. Send these idiots letter M from the templates http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html and have NO TELEPHONE CONVERSATIONS WITH THEM WHATSOEVER.

 

They really are a bunch of low life bottom feeders who pick up on Statute Barred and Unenforceable Debt. Start a new thread and keep us posted and we will give you all the help you need to get these imbeciles off your back

 

thankyou i will send letter m to them, but i need their address cuz i not recieved any letters from them

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30 The Foregate

Kilmarnock

Ayrshire

 

KA1 1LU

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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  • 2 weeks later...

Hello, I'm new here today. Several months ago my husband received a letter from Mackenzie Hall saying he owed a large amount of money to Hbos, well he had moved to the Ilse of man a few weeks earlier so I was shocked to read this, i contacted him and he confirmed to me we have no debt what so ever as we had sorted out our finances a few months earlier. He has never received any outstanding payment letters from any company.

Stupidly I phoned the contact number and asked what it was about, they asked me my husbands date of birth as confirmation, then proceeded to tell me they could not talk to me about it. I told them he had moved to the Ilse of Man and gave them his Mobile number. Today three months later they have texted him to get in touch, I'm getting worried now, I have been back through all our finances and can not find anything outstanding, even my husbands things that concerned him before we moved in together. The strange thing is my husband has a credit card which goes through Hbos and they have just raised his credit limit because of good history of repayments. Can anyone advise me, I do not want ten foot hooligans knocking at my door. Please help

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they're fishing. probably for someone with a similar name.

 

Get hubby to write a letter stating that he does not acknowledge any debt to their company and if they believe he does, they should put the proof in writing or he will report them to the OFT & TS if they continue to contact him for a debt which is in dispute.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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tiglet, it doesn't sound like there is a dispute, just MH trying their luck as usual. May I suggest what tiglet recommends in writing, but omit the dispute bit. Tell them though that you do not wish to have any telephone calls as you are entitled under the Communications Act 2003 and that ALL correspondence should from now on be in writing ( otherwise you'll have them on the telephone day and night). Ask for any supporting correspondence to support their claim and if they haven't got any to kindly go away and stop bothering you. A CCA request will do the same, but for the time being send something like this out. If you get more nonsense letters then send in the CCA request from the library.

 

I doubt anyone is going to come knocking so don't worry too much.

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I really wouldnt worry about MH. They are the bottom feeders of the industry. They specialise in purchasing Statute Barred and Unenforcable debt. They send out Phishing letters to loads of people with the same name in the hope that someone will be mug enough to pay up. They are pure bullies and should be treated with the contempt that they deserve.

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I really wouldnt worry about MH. They are the bottom feeders of the industry. They specialise in purchasing Statute Barred and Unenforcable debt. They send out Phishing letters to loads of people with the same name in the hope that someone will be mug enough to pay up. They are pure bullies and should be treated with the contempt that they deserve.

 

I had an interesting conversation with someone senior in the Credit Industry recently ( sorry, engaging with the enemy! :D ) who stated that whilst we all go on about statute barred debt the way we do, it is only statute barred from litigation, not collection - if a debt is owed - it's owed so why shouldn't they try and collect it? - chew on that one ! answers on a postcard....:-|

 

 

Sarah

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The reason i suggested that it's stated that the account is in dispute is because it would mean more OFT guidelines are breached if they continue to pursue the debt - "in dispute" doesn't necessarily mean you dispute the amount - in the case, the poster disputes the whole debt.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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I had an interesting conversation with someone senior in the Credit Industry recently ( sorry, engaging with the enemy! :D ) who stated that whilst we all go on about statute barred debt the way we do, it is only statute barred from litigation, not collection - if a debt is owed - it's owed so why shouldn't they try and collect it? - chew on that one ! answers on a postcard....:-|

 

 

Sarah

Of course MH and all the other bottom feeders who specialise in this type of collection do not really care what they say or do in order to force money from you. Thames on the other hand seem to think that if they register a Deafault they can UNstatute Bar a debt. These are the 'professionals' :rolleyes:

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Thank you for the quick replies. I will pass the information on to my husband thank you all again.:) I feel better now, I had read all the horror stories on these posts. I am totally gob-smacked .

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I got the 'wage slip style' communication from them a few weeks, kind of perforated edges to it. Says about contact us by such and such a date. So far ive ignored this. I know about the statute barred letter but is it advisable to sign your letter. Would it be enough to put your name, address at the top and their reference number and print your name in closing the letter?

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I have not heard of them taking court action , as for the threats of a visit you will not get one, they always say this (their puppets Meritforce also threaten this). If you ever get a visit tell them they have one minute to get of your property or you will call the police.You can also use reasonable force to remove them.

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I have not heard of them taking court action , as for the threats of a visit you will not get one, they always say this (their puppets Meritforce also threaten this). If you ever get a visit tell them they have one minute to get of your property or you will call the police.You can also use reasonable force to remove them.

 

Much better to allow the police to deal with these people rather than try to remove them yourself - no doubt YOU would be the one who gets into trouble.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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FINAL NOTICE

i recieved today a red final notice letter

pursuers: lowell portfolio 1 ltd

original creditor: hsbc

principal sum £1251.73

 

letter states we have bee instructed to recover overdue account on their behalf, it goes on to say our clients are unaware of anygood reason for no payment etc they will not hesitate to take further action etc,

they put in a brown envelope errr deadline 9 oct 2007.

anyway i know i do not have any new or old out standing debts

for a fact, let alone that amount. so before reading this thread

i phoned them and quoted the ref on the letter a lady asked my date of

birth i told her silly me and my phone number again stupid me, i said

i have no debts anywhere, and my credit record is excillent

i asked how this debt occured she said eagle street west glamorgan

i said i have no knowledge of eagle st or west glamorgan

and od not live anywhere nr there, sh then said someone must have

a same name and date of birth to me and she would clear this up.

i said will i get a letter to confirm there error. she mumbled the same thing

and hung up, after reading through this thread i made a mistake of ringing them and giving my phone number and birthdate what should i do now

i rang the ts agency in kilmarnock but the person i need to speak to is not there till tommorow, will i be bombarded with calls now

what my next course of action...

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Lowells are not noted for their discretion. However, you seem to have handled things well thus far. carry on as you suggest with TS, but if you get another telephone call I would suggest stating ( not asking) stating that you require them to put everything in writing and to make NO MORE telephone calls as is your right under the Communications Act 2003 to request. If they choose to phone you'll report them to TS and the Police. There is a letter in the Templates Library regarding Harassment if they continue which should stop them.

 

If they do not accept they made a mistake better to get the procedures in place asap as they are not as I say, noted for their discretion.

 

Hope that helps.

 

 

also: tiglet

 

"The reason i suggested that it's stated that the account is in dispute is because it would mean more OFT guidelines are breached if they continue to pursue the debt - "in dispute" doesn't necessarily mean you dispute the amount - in the case, the poster disputes the whole debt."

 

 

thanks, I see where you were coming from now..;)

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