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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • PCNWarrior
      PCN - MFG - ESSO COBHAM - GRAVESEND

      By PCNWarrior · Posted

      I have received a PCN from Euro Car Parks for MFG - Esso Cobham - Gravesend. I was completely unaware that there was any such limit for parking and always considered this to be a service station. I stopped there to use the toilet, have a coffee and made a couple of work calls. I have read the previous topics on this location which suggest I can ignore this and ECP will not take legal action. The one possible complication is that the vehicle is leased by my employer so I do not want to involve them with the associated reminders and threatening letters. The PCN was first issued to the leasing company Arval who have notified ECP of the hiring company. I have attached a copy of the PCN Notice to Hirer with details removed as per instructions. What options do I have or should I just pay the PCN promptly at the reduced rate of £60? img20240424_23142631.pdf
    • FTMDave
      PARKING FINE STANTED AIRPORT MCDONALDS

      By FTMDave · Posted

      What you have uploaded is a letter with daft empty threats from third-party paper tigers.  Just ignore it. What we need to see is the original invoice you received last October or November.
    • gmlmonika
      PARKING FINE STANTED AIRPORT MCDONALDS

      By gmlmonika · Posted

      TERMINAL NOTICE.pdf
    • gmlmonika
      PARKING FINE STANTED AIRPORT MCDONALDS

      By gmlmonika · Posted

      Please find attached 
    • lookinforinfo
      NPC ANPR PCN Claimform - Taxi - Appealed - No Parking Or Waiting At Anytime - St Thomas Hospital, London, Se1 7eh.

      By lookinforinfo · Posted

      Thanks for posting the CPR contents. i do wish you hadn't blanked out the dates and times since at times they can be relevant . Can you please repost including times and dates. They say that they sent a copy of  the original  PCN that they sent to the Hirer  along with your hire agreement documents. Did you receive them and if so can you please upload the original PCN without erasing dates and times. If they did include  all the paperwork they said, then that PCN is pretty near compliant except for their error with the discount time. In the Act it isn't actually specified but to offer a discount for 14 days from the OFFENCE is a joke. the offence occurred probably a couple of months prior to you receiving your Notice to Hirer.  Also the words in parentheses n the Act have been missed off. Section 14 [5][c] (c)warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid; Though it states "if any applicable ...." as opposed to "if all applicable......" in Section 8 or 9. Maybe the Site could explain what the difference between the two terms mean if there is a difference. Also on your claim form they keeper referring to you as the driver or the keeper.  You are the Hirer and only the Hirer is responsible for the charge EVEN IF THEY WEREN'T THE DRIVER. So they cannot pursue the driver and nowhere in the Hirer section of the Act is the hirer ever named as the keeper so NPC are pursuing the wrong person.  

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Unenforceability Cases on hold until further notice

sequest

By sequest
in Financial Legal Issues

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enoughisenough

enoughisenough

Posted
Posted

Post it here then. :D

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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kel123

kel123

Posted
Posted

I would if I could remember it all...lol. but here goes

 

This artical is a misrepresentation of the facts. It is not a loop hole in the law, it is the banks not conforming with legislation. Where does it talk about the narrow confines of the ruling i.e. s77 only and that it's concerns are with redeemable unenforceable credit agreements. Also where does it take about the future test cases that may probably overturn this ruling.

 

Thats the general gist or atleast based around this. There are a few other points but for the life in me I cannot remember

 

Now anyone want to take the bet

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enoughisenough

enoughisenough

Posted
Posted
Now anyone want to take the bet?

 

Nah,...I'll keep my tenner!

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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MARTIN3030

MARTIN3030

Posted
Posted

Links to other sites whether commercial or not are clearly explained in site rules.

Its not a case of engineering moderation as it suits nor targetting specific discussion-the posting guidance is clear for all-and applied to all,theres nothing complicated about that.

What other websites choose to allow or what goes on there is their business-we have our own and members are expected to comply with them.

simple as.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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enoughisenough

enoughisenough

Posted
Posted

Is the Mail playing the old good cop, bad cop routine?

 

I think we should be told! :D

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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B3rty

B3rty

Posted
Posted

Interesting point in this case where Mr Justice Flaux said in paragraph 60

 

In a number of such cases, the courts have recognised that, although the statute may render the agreement unenforceable, the agreement remains a valid and subsisting contract and rights and obligations under it continue to exist, even if unenforceable by the creditor

 

Maybe one to quote at Cabot when they claim to have assigned the rights but not the duties?

Live Life-Debt Free

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Tricky Dickie

Tricky Dickie

Posted
Posted
Interesting point in this case where Mr Justice Flaux said in paragraph 60

 

 

 

Maybe one to quote at Cabot when they claim to have assigned the rights but not the duties?

 

Wasn't Rankine using this argument so he could 'buy' peoples debts before the MoJ cancelled his registration.

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sunray001

sunray001

Posted
Posted

"In a number of such cases, the courts have recognised that, although the statute may render the agreement unenforceable, the agreement remains a valid and subsisting contract and rights and obligations under it continue to exist, even if unenforceable by the creditor"

 

 

But what exactly does it mean......?

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car2403

car2403

Posted
Posted
"In a number of such cases, the courts have recognised that, although the statute may render the agreement unenforceable, the agreement remains a valid and subsisting contract and rights and obligations under it continue to exist, even if unenforceable by the creditor"

 

 

But what exactly does it mean......?

 

It's semantics.

 

No company is going to allow an unenforceable debt to exist on there books. It would be very damaging to their portfolio, overall, as what will they do if you don't pay? Ask nicely?

 

Pah!

 

If a debt is declared unenforceable, it's generally written off and not pursued.

 

The Judge is talking about the effect on the contract between the parties, where the debt is declared unenforceable. Of course, there is still a contract, as there are rights and obligations, but they cannot be enforced by a Court. As a Court is the last avenue to enforce rights and obligations, there's little value in keeping an enforceable debt on the books. In fact, there's more value in writing it off, as there is tax implications and HMRC should really focus on that, IMHO.

 

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Baggio

Baggio

Posted
Posted
When a creditor charges an account off, does it get tax relief on the whole amount of the loss?

 

ie: if Sharkleys charges off £4000, do Sharkleys get to keep hold of £4000 they would otherwise have had to pay to HMRC?

 

no it would not work like that

 

i think it works in that a bad debt or unenforceable debt could be tax deductable for a creditor???

 

e.g

 

lender A makes 1m pre-tax profit

 

lender A writes off 200k in bad debts

 

lender A has a tax liabilty on 800k

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Tricky Dickie

Tricky Dickie

Posted
Posted
When a creditor charges an account off, does it get tax relief on the whole amount of the loss?

 

ie: if Sharkleys charges off £4000, do Sharkleys get to keep hold of £4000 they would otherwise have had to pay to HMRC?

 

unless I am mistaken the 4k would go down as a loss in their profit and loss account so whatever profit they make will be reduced by 4k so they pay corporation tax on 4k less

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SteEqWar

SteEqWar

Posted
Posted

OK here I am going to post something about UCA,s considering I work for one of the major claims companies in this field.

 

People are mentioning a company called Ultimate Law they have one of those freebie websites something like ultimatelaw.synthasite.computer take the end off you will find it Daniella Lipszyc is the director

She has some type of beef with a company she used to work for and is blowing everything out of all proportion.got herself in the news about it

 

Fact is claims are not on hold (Trust me I would know) but it is a good way for her allegedly to damage another business and make herself look good.

 

I am not saying that Judges have mentioned the case that credit agreements could be stayed.... Perfectly honest I cannot see how they could do that. there are over 400 lenders from before that timed deadline with approximalty 10,000 types of agreements.

 

From Experience the easiest credit agreements to get rid of are credit cards . The success rates are massive with about 80% of lenders at the 100% meaning totally screwed.

 

The one thing I have noticed on websites arround the UK is no-one really knows what makes them unenforcable.... Yes prescribed terms breaches but how do you figure out what is a breach and what is not ,

 

Claims companies use a three tiered system

1- Prescribed Terms Breach = Uneforcable

2 - Technical Breaches = A gamble

3- No Breaches = Enforcable Agreement.

 

What disturbs me a little is the recent news of a RBS case where RBS won and damaged the credit of the debtor this is purely sad the loan agreement in question should not have been taken to court. The company I work for would not have done so as the success rate is only arround the 40% mark as they are always technical breaches

 

I hope this gives you a little insight to what is happening

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