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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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what should i do, capquet upping payments.


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I've been paying a debt with capquest at £45.00 a month which i'm struggling to pay at the moment.

I've recieved a letter from them that they've done a review of the case and want to up payments from £45.00 to £54.Well they're telling me they're upping the payments.

I can't afford this as i'm paying other debts off too at the moment and my monthly outgoings on debts which i'm paying are more then half of my montly income as it is.

Could you advise on what i should do as i know if i phone them they'll tell me the usual that they won't reduce the payments.

I owed them over £700 when they started collecting this debt and now owe £270.so i've paid a good chunk already without defaulting.

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How are you making the payments?

 

What type of borrowing was it? A credit card?

 

The usual advice around here is:

o do not talk to them on the phone - everything to be done in writing;

o don't use direct debits - standing orders are better as they put you in control.

 

Mike

Edited by MikeBigg
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I'm paying by bank transfer,they wanted to set up a direct debit but i told them politetly where to go,as i have friends who have delt with these before and upped payments on them without prior notice,and took alot more then they should have.

It's for water rates for severne trent.

What should i put in the letter as i'm not brilliant about getting the point across and can be too nice?

Thanks for your replys.

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Try this template of mine.

 

 

Capquest Address

 

Reference Number: XXXX

 

Date: Todays date

 

Dear Sir/Madam,

 

I write with reference to your letter/phone call on **DATE**.

 

Unfortunately I am unable to increase payments at the present moment in time and I am unable to pay the account in full either.

 

I am willing to set up a standing order if you would kindly send me a Standing Order Mandate or reply with your account details.

 

I await your prompt reply.

 

Yours sincerely,

 

Edit to suit, do not sign, send by Recorded Delivery and good luck.

:cool::cool: Blondmusic :cool::cool:
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You could always thank them for the opportunity to review your finances, and tell them you've realised you can't afford the present payments and you're reducing them to £35 per month.

Seriously, though,YOU tell them what you're going top pay. They don't tell you.

PS

You don't have a mandate for a standing order. You set that up with your bank. NEVER give a DCA your bank details or arrange a Direct Debit. Some have been known to clear a bank account in a flash

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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Good advice Rameses QC. You are in control. You tell them what you can afford. If you can't afford to pay £45 per month then get it reduced down to what you can afford. Contact your bank to set up a standing order to Capquest but you will need Capquest to give you their account details to set it all up.

 

Remember you are in control now.

:cool::cool: Blondmusic :cool::cool:
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no, i haven't done a cca rquest as this is for a utility bill water rates and when i'd first ageed payments i hadn't known about this website or i would have done and as i've already agreed to pay and acknowledged the debt as mine,i didn't think i could now as this was over a year ago,they started chasing me for this debt.I now owe £270 which was originally £750+ and not much more then that.

They've supplied no regular statements of what i've paid or whats left owing only that they'd do 6 monthly rewiews of the case and i have absolutely no idea if they've added any extra charges.

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They are just trying it on - a 'review', based on what?

 

You do not have to give companies like this any details of your income or outgoings, they have no right to such personal data.

 

Write back, tell them you have conducted a review of your finances and need to REDUCE these payments. Ask them for a complete statement of the account to date while you are at it.

 

Don't just accept what they say to be gospel, all they are after is money.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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You shouldnt be paying them anything at all..they have no legal authority to money off you....only a county court does.

So stop all payments immediately, demand a full refund & report them to the OFT & trading standards....& to the police (not 999) for obtaining money off you through threats & deception effectivley.

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Is it any wonder why people when involved in debt situations can't face dealing with people like crapquest. Even when you genuinely wish to settle your accounts that you ave run up and you enter into agreements with these sorts of companies and you think you are getting somewhere they pop up again asking for more money etc etc. Why oh why does the government let this virtually criminal behaviour carry on, i wouldn't be able to bully people for money so why can they???

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Unfortunately DCA's think they are a law unto themselves. They threaten bully and harass just to get money. If you or I behaved like that then we would be locked up. The best way to deal with them is to complain to the OFT and Trading Standards. There are guidelines which need to be enforced better or made into law.

:cool::cool: Blondmusic :cool::cool:
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