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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
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    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Mackenzie Hall searching me


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Having checked my credit file, I can see that Mackenzie Hall have made 12 credit searches of me over 18 months - without my permission, of course - how the heck can they do that and can I get them removed?

Eyes opened and back in control of my life thanks to this site x

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I am just giving your thread a little nudge.

 

Mackenzie Hall are already in hot water with the OFT,

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/195459-oft-imposes-requirements-mackenzie.html

 

I guess you could make a complaint to Trading Standards

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You should write to these [EDIT] people and ask them why they are seraching. If they wont answer the question - or more than likely not reply at all - report them to the Info Commissioner and their local Trading Standards. East Ayrshire Council know all about their star employers! Copy the OFT into any complaint about the Kilmarnock Kowboys.

Edited by Rooster-UK
Libellous comment removed.
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I have noticed that Muck hall has searched mine too although I have no dealings with them at all. I have never been contacted by them and they have placed a 'trace' on my report. I have lived at my present address for many years so there is no need for a trace either.

 

I have emailed them and got no response so I emailed once more and again no response.

 

I would like to make a complaint to the OFT and ICO. Anyone know the links I can do this?

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I have noticed that Muck hall has searched mine too although I have no dealings with them at all. I have never been contacted by them and they have placed a 'trace' on my report. I have lived at my present address for many years so there is no need for a trace either.

 

I have emailed them and got no response so I emailed once more and again no response.

 

I would like to make a complaint to the OFT and ICO. Anyone know the links I can do this?

 

 

Just pop Office of Fair Trading or even OFT into a google search then click on complaints. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Anyone know of a piece of legislation, or more generally what the 'rules' are about undertaking a credit search of someone (to use in my formal complaint)?

Eyes opened and back in control of my life thanks to this site x

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  • 5 weeks later...

Hi there,

 

I have also had Mackenzie Hall searching me, with the search reason listed as 'outstanding debt'.

 

How did you get on with your case so far? I could really do with advice on how to deal with them. Is there a template letter I can send to ask why they are searching without my permission, and are they breaking the law by doing this?

 

Hope somebody can help please....

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Hi there,

 

I have also had Mackenzie Hall searching me, with the search reason listed as 'outstanding debt'.

 

How did you get on with your case so far? I could really do with advice on how to deal with them. Is there a template letter I can send to ask why they are searching without my permission, and are they breaking the law by doing this?

 

Hope somebody can help please....

 

Mac Hall are the bottom feeder's of the debt collection industry, 99% of the time they buy up alleged debts well beyond the statute of limitation time far in excess of the 6 year period hoping to make a fast buck out of people who are unaware of their legal rights.

 

I would suggest that anyone who has a marker of outstanding debt placed on their credit files, to, first take it up with the credit reference agency and dispute the entry, by doing this, it has a twofold effect...

 

1) The entry is marked as in dispute, which means that, if you apply for credit, with an otherwise good credit file, then you shouldn't be turned down instantly. Ie the credit application then has to be viewed manually.

 

2) You have a dispute with Mac Hall, logged with the CRA, ie, they can't deny receiving any dispute with regards to the entry, "which in my experience, if you write to them first they will deny receiving any such letter".

 

As soon as you have logged a dispute with the CRA, write ( via recorded delivery), under S.A.R.N to Mac Hall requesting a copy of the original application including T&Cs where they can report data to the CRAs without your permission.

 

What will happen next:

 

Usually the CRA's will contact Mac hall and ask them to verifiey their data and they will respond " Yes its accurate". This is what they do In 99.9% of cases.

 

 

The next stage:

 

Write to the credit reference agencies that hold this data and serve them with a sec.10 notice requesting that they cease processing data that is unlawfull under the data protection act.

 

Then serve a sec.10 notice on Mac Hall, stating, that unless they cease processing data,on you to the CRA's then you will take further action through the courts if nesscesary.

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Useful info, simonjohn, and I for one will consider this process - I hope others do too.

 

Could anyone point me in the direction of discovering the process of a CRA file being searched? I mean, do the CRAs allow searches from any company claiming the right to do so? Is there no requirement for the subject of the data to give their consent? Who's responsibility is it for the accuracy of the information held - the CRA or the searching/reporting company?

I understand that whenever I've applied for credit there's always been a section that I have to give my consent to mentioning consult the files of a CRA, ongoing searches, report conduct of account etc. etc. That's fine, I guess, while my account's still live, but these leeches are searching for an account that is no longer enforceable, and that is something I have never agreed to.

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Useful info, simonjohn, and I for one will consider this process - I hope others do too.

 

Could anyone point me in the direction of discovering the process of a CRA file being searched? I mean, do the CRAs allow searches from any company claiming the right to do so? Is there no requirement for the subject of the data to give their consent? Who's responsibility is it for the accuracy of the information held - the CRA or the searching/reporting company?

I understand that whenever I've applied for credit there's always been a section that I have to give my consent to mentioning consult the files of a CRA, ongoing searches, report conduct of account etc. etc. That's fine, I guess, while my account's still live, but these leeches are searching for an account that is no longer enforceable, and that is something I have never agreed to.

 

As Mac Hall hold a consumer credit licsense and have a block agreement with the major credit ref agencies then, "If they pay then they get", unfortunate I know, but I "And must make this distinction" I" and not the viewpoint of the owners of this site, feel that this is where there is a two tiered exception with the CRA's ie, the consumer pays for a service and get's little for it... Then the Creditors pay for a service and get's exactly that

Edited by simonjohn
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Update:

 

Well, I heard back from Equifax today. After complaining to them, they have come back and said that they first marked these searches as in dispute, and wrote to Muck Hall for details.

 

Equifax have told me that they have had no response from them, and have accordingly removed these searches from my file. Result!

 

Good information here for anyone else who has these pesky so and so's searching their files and leaving their dirty great footprints everywhere...

Eyes opened and back in control of my life thanks to this site x

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Now use the CRA letter to report MHall to the OFT. They have already been the subject of one investigation and received a hefty slap although to read the MHall statement on this you'd think it was MH who did OFT a favour.

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