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    • Visiting scotland I came across a car park at The Falls of Shin operated by Civil Enforcement Limited. The car park requires visitors to pay using the awful Phone and Pay app or over the phone using an eqully terrible automated service. Their signs state a time limit of 10 minutes after arriving to pay, and both methods require needlessly lengthy registration process only for payment to be rejected when attempting to pay by both. The Cafe were able to offer us some assistance and register our vehicle so hopefully we sould avoid a fine but this seems like entrapment and would still stop us returning again. How is this legal without giving visitors the option to pay on site?
    • click the link. dx  
    • There are two things to immediately clarify. Firstly, why did court papers go to the wrong address?  In 99% of backdoor CCJ cases here the person moves and doesn't update the vehicle log book address.  Or they move and they don't inform the parties who they are in legal dispute with of the new address.  Does either of these apply to you? Secondly, given this has been going on for over three years without presumably any ill effects on you, how important is it for you to have a clean credit file?  I ask as, if you do absolutely nothing, the CCJ will disappear in April 2027.
    • Sorry to ask, but I know I had SB template on PC, but can't find it. Also any search for template\SB letter takes me back here.  Any help to get to SB letter would be appreciated. I know I used it on a car HP co that wouldn't honor my FCS refund and after 6 years came threatening ( or rather their DCA). Worked a treat. Thanks in advance
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      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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Hi

 

I stupidly took out a loan with Uncle Buck a couple of months ago which I am now unable to repay in full.

 

I have received the following e-mail from Uncle Buck, despite contacting them and asking if I can repay £50 per month. Can they really threaten to visit me at my place of work or ask my bank to pay them from my next payday without my permission?

 

 

Despite our previous communication, your account remains in arrears.

 

Unless you contact us within three days to arrange repayment this matter will be referred to our collections dept. Their procedure will include:-

 

1) instructing a debt collection agency, MeritForce, to make contact with you directly in order to visit you at your home or place of work.

 

2) commencing proceedings against you in the County Court. There will be significant additional charges should this become necessary and your credit status will be at risk. In addition we may also apply to your bank for the entire balance outstanding on your next payday, if this payment is not honoured your bank may also impose charges.

 

If you are in financial difficulty it is important that you contact us now and we will do our best to assist you.

 

I strongly urge you to make contact today either by email at clare@uncle-buck.co.uk or by telephone on 0800 328 9263 before further action is required.

 

A fee of £10 has been added to your account.

 

R

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They will certainly try to take the money without your agreement. "lose" your card and get a new one and keep checking to make sure they don't try and set up any direct debits.

 

They will pass to meritforce but they caused me no problem. Post again when they contact you.

 

nobody can make you pay more than you can afford!

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Hi

 

I have already "lost" my card and now have a new one and am checking on a daily basis to make sure they don't set up a DD!

 

Will let you know when meritforce contact me!

 

Thanks for your help xx

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I have just cancelled a direct debit (uncle buck) from my account. Found on internet banking this morning. I have already agreed to repay remaining balance over 6mths but then found this. Quite possibly they were looking to take out the whole amount in one go without my authorisation. Does anyone know how often these companies set up direct debits to get money back? And how soon money can be removed from my account after setting a DD up?

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No easy answer. I would just be very careful when you have sizable funds in your account. They havnt tried a second time with me after I cancelled their last one! Wouldnt trust them so you will need to keep checking. Online banking gives you a head start.

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No you give them consent to set up a DD at the time of applying if You then cancel the DD they cannot set up another one, they know this and so does the bank. otherwise every utility company in the land would force all customer to pay by DD

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Thanks PGH.

 

So to clarify that for myself and many others reading this post.

 

If an organisation sets up a DD without your signature to collect money from your account. (But agreed in T and C of loan contract)

Then if you cancel this direct debit with your bank, they can no longer set up another DD to collect payment from your account.

 

I assume this is correct?

 

 

Thanks for your assistance.

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PGH7447

 

I agree with you in principle. Unfortunately these type of companies don't stick to the rules. This company tried it with me with my Halifax account. Halifax told me there was nothing they could do to prevent it.

 

A lot of these companies have no scruples and will clean a bank account out and argue about it later. I suspect the police would not be interested (civil matter they normally quote - debatable I know!)

 

Personally I would keep checking my account.

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I have started to check my account on a daily basis - both morning and evening just to make sure!

 

Haven't heard anything else from them yet.

 

I have reported them to the OFT (and copied them in on the e-mail) with reference to the threats made to visit me at my work place.

 

Thanks for all the advice. I will post again when I hear something from them.

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Rob and PGH, hope the following helps....

 

I have posted already on Uncle Bucks and a loan they say i asked for but i did not.

 

In Feb i repaid £390 back for a £300 loan i got in Jan 09 then cancelled the DD. after it was Paid back they deposited £200.

They say i applied but i did not, so they set up another DD to take the money.

I cancelled the DD, And told them they had no right to set it up without my authority, they said the original loan gave them permission. When i pointed out that after i cancelled the first, my bank would have informed them so, and they would need my permission to re-set it up, and they did not have permission.

Now they wont acknowledge any correspondence regarding the DD, and wont Acknowledge the dispute i raised.

I said i would pay the £200 back upon receiving proof it was paid (my bank has a deposit of 3X200 but no names next to them) but no interest.

They now want £320.

 

can anyone say what to write to Meritfarce, as i have had a letter from them.

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PGH7447

 

I agree with you in principle. Unfortunately these type of companies don't stick to the rules. This company tried it with me with my Halifax account. Halifax told me there was nothing they could do to prevent it.

 

A lot of these companies have no scruples and will clean a bank account out and argue about it later. I suspect the police would not be interested (civil matter they normally quote - debatable I know!)

 

Personally I would keep checking my account.

Mine too is Halifax, they also said they cannot stop setting the DDup, as they are under illusions that uncle Buck have authority, but said they do inform the Creditor so it will be on Bank records of the dates they were informed.

Seems they will try anything.

Since i took the DD issue up though, they have not tried since

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I have had a default letter from therm this morning. Says they will pass the account to Meritforce in 21 days - I am going to wait for them to do this as they will not enter into a repayment arrangement with me even though I had tried.

 

Are Meritforce easy to deal with?

 

Thanks

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You can write to your bank telling them that you have not given authority for a DD to be set up by that company - who do you bank with? If it's Natwest I've got the contact details for the Regular Payments Team who you can give instruction to.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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:rolleyes: Hi people I'm a bit stuck :| I took out an advance with Ablemarble & Bond and they tried to bank 6 cheques totalling £600.00 the cheques have bounced and they passed my details onto Chantry Collections. I told them about my personal circumstances and they have now passed my details onto Notts County Court. I'm currently on a DMP and I emailed my account manager yesterday but I haven't got a reply from her as of yet :eek:. I'm really scared and I really dont know what to do. any help or advice is much appreciated.

 

Regards

 

 

Lady TG x

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Hi there, when you say they have passed your details on to Notts court - do you mean you have received a county court claim in the post, or have Chantry just written to tell you that they are going to do that.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Well spotted- vigilence pays! Meritforce I believe will pass back to uncle buck if they realise you can't commit to the sort of payments uncle buck want. Uncle buck give meritforce a minimum figure. Ultimately they will have to negotiate with you on your terms

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Just checked internet banking and Uncle Buck had set up a direct debit - needless to say I was straight on the phone to the bank to cancel it.

 

Will wait on them passing the account to meritforce and take it from there.

 

Hope you complained to the bank

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  • 2 weeks later...

Hi

 

Got another letter from Uncle Buck stating that they will take further recovery action through the county court without any further warning then further down the letter state the account will be passed to Meritforce in 7 days.

 

Will post again when Meritforce contact me.

 

Regard

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