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    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
    • RE: EC261 Compensation   It's normal they won't have asked you to contact them . Your initial rescheduling was obviously done by a bot - and there was no human to notice the mistake, as far as the bot knew your scheduling was perfectly normal so there was no need to ask you to contact them.   As long as that was done 2 weeks in advance the carrier's liability to notify you is fulfilled.   (You could have contacted them there and pointed out that the new schedule was impossible. Unfortunately you didn't. Claiming you didn't notice is not likely to work in your favor)   The bot who sent you the 24h confirmation didn't notice the mistake either, obviously.   At some point a human or another bot finally identified the problem and that's when they called you. As far as they are concerned neither you nor them had noticed the scheduling mistake and they took it on them to notify you so you don't have a bad surprise when you try and check in.   However as far as I know, neither flight was delayed or cancelled. You could have taken both flights, if you had the power to be in two places at the same time.   So I don't think there is any scope to claim for EC261. But claim forms are free so feel free to try.     Then, you can certainly make an old fashioned claim (directly to BA)   What could perhaps play in your favor:   It's the carrier's responsibility to ensure that they don't sell you a ticket where the flyer cannot meet the minimum connection time or MCT.   This situation mostly applies to situations where the flyer doesn't know and gets caught. For example say you connect at LHR and you are given 35 minutes to connect. This may look just fine to an unsuspecting tourist, but in reality there is practically zero chance to make the connection, therefore the airline is liable here for selling you this ticket resulting in you missing your connection   In your case though it could be argued that even an unsuspecting tourist should be able to tell that it is not possible for them to depart 5 minutes prior to disembarking and therefore that you should have checked your notification more carefully.   The fact that the bot allowed such a glaring mistake to happen is certainly an argument in your favour shall you decide to make a complaint.     What doesn't play in your favor:   The airline obviously did their best to get you to your destination as soon as they noticed their mistake. They offered you more than one alternative (the first alternative would have got you in time at your destination, but you declined) and you then accepted another alternative, and fully travelled the ticket. That is a very strong position for them.     What did you lose and what do you intend to claim for?   You took the overnight connection so obviously you had to stay at an airport hotel. Is that correct? Did you keep the receipt for your hotel and meals?   You certainly should have asked them on the phone when negotiating your re-route that they provide a hotel. Within 20hrs of the flight it's something they would most probably not have denied to you (but airlines will generally avoid offering off the bat. Why lose money when a customer is just going to roll with it and pay for their own stay anyway, right?). After the fact it's going to be a lot more difficult to claim.   I do certainly think it would be reasonable to try and write them a polite but firm letter to claim for that. Not 700 euros, not damages and hardship and all that jazz, just the extra expense you incurred following a scheduling mistake that they made (that should have never happened) and that they didn't notice until way too late in the day , with your categorical inability to leave 3 hours earlier (you had very important business meetings or something critical, it certainly wasn't just convenience) and the extra costs incurred, and asking that they kindly provide compensation for the hotel and meals, which you feel it was their duty to offer you and you are politely disappointed that they didn't, and thafully you happen to have kept all the receipts. Put Alex Cruz on copy for good measure.   No guarantee but I feel it has a fair chance of success. Most probably you will be offered a heap of Avios instead of cash. It's then up for you to decide whether you want to accept that. Personally I wouldn't bother going further, but that's just me. See if anyone here disagrees, and do let us know what you decide and keep in touch with how it went.            
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How to proceed when correct data supplied via CCA


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This thread is an offshoot of my one on DCA's but deals with how to proceed when your creditor finally, after much prevarication and searching, supplies you with the correct agreement with the PTS and terms on same document.

 

I have received such and am curious now how to proceed, as the debt is now enforceable again. What is the action, now, from the DCA/bank, and how do I protect myself from the launching an attempt at full recovery?

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hi. received a letter from Marlin financial services telling me that my debt to Yorkshire has now been passed to them. if I dont contact them I should expect enforcment action and one of their 'feild agents' may call on me. As first contact, should I reply in writing requesting a CCA ? as telephoning just leaves you open to bullying and more telephone calls. Any advice on dealing with these bloodsuckers would be appreciated. Cheers

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hi. received a letter from Marlin financial services telling me that my debt to Yorkshire has now been passed to them. if I dont contact them I should expect enforcment action and one of their 'feild agents' may call on me. As first contact, should I reply in writing requesting a CCA ? as telephoning just leaves you open to bullying and more telephone calls. Any advice on dealing with these bloodsuckers would be appreciated. Cheers

 

Do not speak to them on the phone: they will only harass and intimidate you into paying more than you can afford! Insist all corresp is dealt with by letter and tell them that if the persist in contacting you at home (log the calls) write to them stating that this behaviour constitutes harassment under ss1&2 of the Protection from Harassment Act 1997. Tell them your first stop will be the police and make sure you tell them thatyou will name the person speaking/writing to yo.

 

Secondly, yes, CCA them , first.

Edited by FlyboyAgain
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It is important to keep abreast of what's happening and not to ignore correspondence. Also, they cannot call at your home without you inviting them ! Do not agree to such a visit under any terms! They have no right.

 

Search around here with regard to that. The main thing is that you need to take control and not be frightened of them any longer. They have reaped the whirlwind.

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thanks for your replies, good to know that I'm doing the correct thing.

Which section do I quote for a credit card ??

 

New to this and dont want them to take advantage of me being a bit green on the subject. CHEERS

Edited by no-angel
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Request under section 78(1) for cards. They have 12(+2) days to reply to this. If they don't, the account is said to be in dispute. You can withhold payment if you wish or continue to pay. Best if you see my thread here:-

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/188216-dca-heavy-handed-over-3.html

 

It's still active but I have received an invaluable amount of assistance from the site team and forumites and I'm happy to help as much as I can.

Edited by FlyboyAgain
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will write a letter today (UNSIGNED) with a £1 postal order and send it recorded delivery. see what happens ??

Thankyou Flyboyagain, didnt expect to get a reply so soon, cant tell you how much better I feel. will let you know how i go on. bye

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Hi Fly,

 

Here is a list of template letters you can use to negotiate repayments. if it's the original crediot or inhouse and they are adding interest etc there is a ltter asking them to freeze it. if it's a dca then nothing shoul dbe applied. I would always suggest to make up your own i and e and whme making your offer of payment include the first payment and kepp paying to your schedule if they accept or not.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

ida x

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as long as you make the payments you have proposed and on your time schedule then to be homest they will leave you alone exept for them trying to increase them as if they did take it further the courts are none too happy with them as you would already be paying what they would consider or they might consider less.

 

result on the cards :D

 

ida x

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  • 3 weeks later...

Hi Fly, just thought I'd let you know that I sent CCA request letter to Marlin via special delivery. They received it on the 30th May '09, I've got a print out of the signature to prove it. Received a 'REMINDER' letter yesterday, dated 5th June '09. It says ' we note from our records that you have not responded in respect to our previous communications regarding the above debt '.

Clearly I have, I have the Postal Order number receipt also.

Do you think they are trying it on, hoping that I'm actually going to call them ? Do you think I should ignore this letter as I've all the proof that I sent and they received my CCA ? If they received my CCA on the 30th , is it 12 working days +2 ? Will the 25th put them in default of my request? And if so , should I send them a letter stating thisafter the 25th ?

I know i've asked alot of questions but your reply will be v.much appreciated. Cheers, No Angel.:confused:

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as long as you make the payments you have proposed and on your time schedule then to be homest they will leave you alone exept for them trying to increase them as if they did take it further the courts are none too happy with them as you would already be paying what they would consider or they might consider less.

 

result on the cards :D

 

ida x

 

Yes, Ida, that seems to be the case, after speaking to the bank, yesterday. Suprisingly, the bank has no record of my letter of 1 June thanking (!) them for supplying the correct agreement, copied also to the DCA who appear to be pressing for litiagtion, even though I've reinstated the payment schedule. What an odd bunch.

 

Y'know, these people don't bother me anywhere near what they did at the begining of this year. It's amazing how this forum (and the people on it) and a bit of knowledge about how acts work and should be interperated can boost your confidence and let YOU gain control!

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Hi Fly, just thought I'd let you know that I sent CCA request letter to Marlin via special delivery. They received it on the 30th May '09, I've got a print out of the signature to prove it. Received a 'REMINDER' letter yesterday, dated 5th June '09. It says ' we note from our records that you have not responded in respect to our previous communications regarding the above debt '.

Clearly I have, I have the Postal Order number receipt also.

Do you think they are trying it on, hoping that I'm actually going to call them ? Do you think I should ignore this letter as I've all the proof that I sent and they received my CCA ? If they received my CCA on the 30th , is it 12 working days +2 ? Will the 25th put them in default of my request? And if so , should I send them a letter stating thisafter the 25th ?

I know i've asked alot of questions but your reply will be v.much appreciated. Cheers, No Angel.:confused:

 

Angel, yeh, I have had the same with my monkeys in the past. They're trying to scare you. If they or their client haven't sent the correct documentation (or not managed a reply) then you must write to them stating account in dispute. Wait the full 14 days and send your 'in dispute' letter ON that day; that's what I did. Remember: they are only trying to scare you. Watch out for them lying about not having received you CCA request! Copy your 'in dispute' lettter to your OC, the bank.

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What I am finding now is that the bank (ex bank, or course!) has started to get involved again. I'm pleased about this, to a degree, because they have let the cat out the bag and inadvertantly exposed DCA lies and misdemeanours. However, they have become all nicey-nice over the phone after years of agressive and condescending phone calls and I know why: they are so sh** scared of losing their money that they're now trying the softly-softly approach, appearing now to being a 'caring' bank! And for every account my wife and I have in dispute with them they have sent a 'keen to resolve concerns' letter. What can this portend for them? They get nixi, that's what!

 

I've reinstated the accounts that have been shown to be correctly set out, as per pre-2004. As for the others, i'll wait for the fat lady to sing. And no amount of fluffy, cuddly HBOS letters and soooothing telephone manner is going to fool me into thinking that I'm not dealing with one of the biggest corporate monsters on the planet!

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Thanks for the support guys. Will let you know whether they decide to acknowledge my CCA, or just pretend they've not received it. Will file this 'REMINDER' under SPEW!! Will send the default letter on the 15th, do you think that I should put a photocopy of the Postal order receipt for £1.00, which has their name printed on it + the special delivery receiving signature in with the default to prove i sent it? Once they default and if they continue to send letters, can i do something about harassment?

Cheers

P.S should I ask for my £1.oo back because they've not used it for the purpose intended ?

Edited by no-angel
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Hi Fly, they've sent a letter,saying they receivedmy CCA on the 4th June 09. I know they signed for it on the 30th May. Do I still send the default letter on the 15th, today ? Cheers

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You go by the date of your letter. I got whining, weeping excuses that CCA letters sometimes 'slip the net' (??) and can also go unaswered for more than two weeks! That's not our concern! As long as it's 12+2 days they've gone beyond. And I presume you've check today's mail? If you have, and the documents are not there with you, send your 'in dispute' letter.

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Did you ever, as a kid, catch a bully on his/her own and dish out to them what they did to you? Well, this is how it feels with me and my DCA/Bank. Wow, is that bank nice-nicey to me now, even though I'm no longer with them. The DCA are still arrogant, as I suspect yours is. Do Not be frightened by them: they are toothless old dogs who can do nothing but drag you to court! Stick to learning here how to fight them and when you learn like I have done, help others as others here have helped you.

Edited by FlyboyAgain
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