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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • 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.  
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      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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I am sure that this would be a sackable offense if the door stepper was employed - usually they are self-employed but still should be stopped from working for IJ.

 

He will almost certainly have a "arrangement" with a mortgage provider although it may be difficult to prove.

 

 

GK

It was a phone operator who was trying to bully my wife.

He was named in my complaint to RBS concerning this matter.

I am waiting for further responses from RBS and IJ who have both asked for time to investigate the case. If i am not satified with the outcome the s*** will start to hit the fan. !

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  • 2 weeks later...

IJ have sent me a letter for me to set up a standing order to pay them.

They politely say that i requested this option. Are they aving a laugh !

Should i bother to remind them that they did not action the cca request properly or just ignore them.?:-x:-x:rolleyes::rolleyes:

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I telephoned RBS customer services and told them that IJ had not responded correctly to my CCA request and returned the postal order and told me to send the request to RBS directly.

The RBS told me this was the right thing for IJ to do as the debt was with the RBS not IJ.

I explained that the request clearly states that that being the case IJ have to pass the request on themselves ! RBS did not agree and said i should send the request to them.! The 12+2 days are up since sending IJ the request what should i do now ?

 

Hi,

 

Just been reading your thread having had dealings with IJ.

 

I am afraid that RBS are wrong with their statement as the DCA has a duty to pass your request on to their client. Below is a small exert from the "What Consumer" website:-

 

CCA Request - Section 77 - 79

 

Under these two sections of the Consumer Credit Act, it is your right to request a copy of the executed credit agreement from the creditor, along with specific and current information concerning the debt (s 77 relates to fixed-sum loan agreements, s 78 refers to running-account credit (credit cards) and s 79 to hire agreements).

 

With regard to loans, the specific information must include:

 

The total sum to be paid, as per the agreement

The sum still outstanding and the due dates for each installment

The total sum payable, if different from the agreement.

The creditor has a period of 12 days working days in order to provide the agreement and the statement. If they cannot provide the information, the debt cannot be enforced until they do.

 

In addition to this requirement, new regulations now require loan providers to provide statements to be sent to the consumer no later than one year after the contract was made. Failure to do this will mean repayments (and interest) can be halted until the statement is sent.

 

Your request must be made to the creditor (via the debt collection agency if one is involved) with the payment of £1)

 

Regards.

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Originally Posted by hypern12

I telephoned RBS customer services and told them that IJ had not responded correctly to my CCA request and returned the postal order and told me to send the request to RBS directly.

The RBS told me this was the right thing for IJ to do as the debt was with the RBS not IJ.

I explained that the request clearly states that that being the case IJ have to pass the request on themselves ! RBS did not agree and said i should send the request to them.! The 12+2 days are up since sending IJ the request what should i do now ?

 

This is utter crap by RBS. IJ are chasing you for the money. You send the CCA to them. If they are not the Creditor then they are LEGALLY obliged under S 175 of the Consumer Credit Act 1974 to pass your request on to RBS. Its not your job to contact RBS for this. In fact under S 189 of the same Act IJ could well be defined as Creditors thus having all the rights AND responsibilites of the original creditor

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In other words IJs pathetic attempts to pass the buck just show them up for the undoubted CRETINS that they are. No wonder they are sacking so many threat monkeys:D:D

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IJ wrote in response to my complaint about their company's bully boy tactics and apologised saying they did not have recordings of the calls to check on what had been said by members of their staff. oh yeah

They say all their staff are trained to be courteous and professional at all times but all future correspondence will be by letter. suits me !

They go on to say they will accept payments by a previous arrangement.

Pity they could not supply the cca i asked for.

The file of letters they have sent will make interesting reading for my MP as i think that will be my next port of call.

How can they defend not supplying the cca then send out letters asking for payment it's pathetic.!!:D:D

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IJ now are saying that i set up a payment arrangement last week and that i am now in arrears of that arrangement. What arrangement !! more like derrangement !!.

Sent them a letter saying that i do not accept their apology and want further action over my complaint over their scare tactics and the account is in default letter was in there too.

Am gonna contact RBS as well to see what action they have take over the matter as that is where the original complaint was sent and they were going to investigate IJ'S conduct. :-x:-x

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IJ have answered an my letter of complaint and account in dispute letter by saying they have told me how to get a copy of the cca by contacting the RBS directly.

IJ keep refering to an arrangement i made to make payments on the account and that they are still awaiting a further installment.

I have made payments to IJ in the past but they always asked for more money and said i could afford to pay more. !

The manager who sent the letter tends to think IJ have done nothing wrong. !

I have also sent RBS a letter demanding answers to the concerns over IJ's handling of the matter and told them i hold them accountable as they employ this bunch of clowns. !:mad::mad:

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  • 2 weeks later...
  • 2 months later...

The financial ombubsman investigation is still ongoing and have heard nothing more from IJ. But would you believe it ! Wesscott are now chasing the debt you gotta hand it to the RBS for bloody cheek. !

I have decided to reclaim the charges from the RBS just to keep them on their toes. :rolleyes:;)

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  • 2 years later...

:whoo:My friend just told me this. She was getting harrassed by phone calls so what she does now is says "just a minute I'll get somebody (No Name)" then puts on a fake chinese accent and says "ooooo you order chopsuey, curry...whatttttt you order etc etc." She says it really p****s em off as she can hear them in background lol lol

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