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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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      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.  

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Welcome have stolen my innocence


alb10n
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I had a 20 minute conversation with a man at my bank and he said that there was nothing they could do. Im just waiting for some money to transfer over from my other account so i can pay bills before i get a new card. Should be all done by end of the week and il order a new card after that :)

 

Is yours a 'Visa' debit card if so your bank are misleading you they CAN call back the funds

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  • 2 weeks later...

Just a quick update, iv not heard off welcome yet about the refund although he said he would phone back the next day, but I guess there head office has got alot more on their plate at the moment.

 

More worryingly is the fact hes still not posted my new agreement yet, so im not sure if im still incurring charges on my old agreement and if welcome do end up selling off their accounts that I wont be able to rearrange a new deal with them.

 

Think im going to phone them tommorow

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Hi Alb1on

 

you need to get tough with Welcome or they'll just take the ****.

 

Phone them every day, perhaps more than once and demand that they sort this asap! Phone their head office - 0115 984 9200 and cut out the branch altogether.

 

You say you've got a new agreement - you won't have and they're lying again. You would only have a new agreement if you'd went into the branch to sign and this is not recommended as they will tie you in for longer. If I were you, I'd stick with the agreement I have and simply pay what you can afford.

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Ah balls, wish I had read this the other day instead of getting rather jolly :(

 

I phoned up the branch, because when I phoned up head office about the fact they took money without my permission they said I had to deal with the branch because only the branch would have recordings of the calls. And my ever cheerfull man at Welcome told me that he had forgotten to email head office but he would phone me back. He phoned back telling me that theres no way they could refund it as it had entered their system or something along those lines, but what he could do is let me use £50 of the £100 to pay for next months payment. I agreed as im still in the process of getting a job so wasnt sure if I could afford not to.

 

Then I asked about my new agreement and he said he would draw one up and send it to me that evening, im still under the impression that this is a new agreement writing off my old loan so when it arrives tommorow il let you know what it looks like.

Edited by alb10n
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alb I know it's not easy but you need to stop putting so much info into the public domain. We know Welcome read this forum everyday & I suspect they know who you are by now but just in case they haven't go back & cull your posts to remove as much personal & identifiable info as poss Welcome Office & precise conversations etc

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Albion - Jon Cris is right - Welcome know who I am and what I say on here - it's also discussed between other companies - I know cos I've caught another company out on this.

 

Welcome have now probably read the above and therefore will know what you are thinking therefore it's not going to work.

 

Anyway - until new agreement is signed - old one is still active so just not signing the new one would do no good.

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Just a quick update, got a pre-contract information form in the post. Shame iv not got a scanner because there are some things that are a little worrying. Firstly its over 10 years, this isnt really a legal worry more that I didnt realise it would take so long to pay it all off. Secondly when I last asked someone about how much I owed I was told its was £3206.97 however the figure they use as the amount used to settle loan as £3405.00 which I cant work out how they got to.

 

A more pressing worry is that they do not mention anywhere the total amount that will have to be repaid. I had to work it out myself using an APR calculator. 120 months, at an APR of 13.29% making a total of £5991.24. But apparently after a quarter of the loan is through i can settle for £2913.48.

 

Not sure if this is normal but on a pre-contract information thing there is no where for me to sign. Is it up to me to get back to them, or do they have to get in contact with me now that iv received this information.

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Hi Alb1on

 

As said before, you really don't need to sign a new agreement with Welcome, it's their procedure and it's not necessary. Instead, you should work out what you can afford and offer that only.

 

If I were you I wouldn't speak with the branch from now on either, as they're less than sympathetic, not that the head office are much better.

 

When was your agreement signed originally?

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