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    • Out of time statutory declaration is just stating reasons for wanting the clock to be wound back to when Transport for London first sent out letter demanding the PCN be paid.   Reason: vehicle Registration xxxxxxxxxx was a company vehicle registered to xxxxx ltd company and the vehicle was used by x number of employees of this company. The company was dissolved on xx date and the vehicle was sold on xx date. My name xxxxxxxx was noted as a contact name on the V5 registration document, but I have never received any correspondence from Transport for London and I was not aware of any PCN being issued at the time of any contravention. The first time I was made aware of the PCN was on xxxxx date, when an Enforcement Officer from Marstons visited my private address.   Not an expert in this and hopefully Bailiff Advice or others will be around at some point to confirm whether this would be correct or not.    
    • I recently upgraded my 3 Contract to a new phone which developed a problem. I contacted 3 and was initially told to speak to the manufacturer. They advised that as I was in the 30 day period of Consumer Rights Act 2015 to request a replacement that I go to the store to arrange this as it would offer a faster resolution. I agreed with this course of action and went to the store on day 29. Leaving it late admittedly due to health issues.   When I arrived at the store the Assistant Manager then gave just about every excuse under the sun about being able to help but because the policy was 28 days not 30 they could not help me. I countered this with CRA 2015 being 30 days and they refused to accept this so I asked for the policy in writing. We both looked on the 3 store website but embarrassingly enough for them it didn't state anything about faulty goods. The actual wording in the contract that I signed says "Refer to three.co.uk/returns" for the Full Policy which doesn't explain anything about replacement faulty goods. I know why... Because it's the legal requirement of 30 days... Store Manager being adamant the period for returns was 28 days refused to back down so I asked him to look up CRA 2015 which they declined saying "It's not my job to know the law" ... Of course if you're selling goods and services and are a manager you should be versed in CRA 2015.   Realising they weren't getting me to fold my argument they requested a colleague get a copy of the policy from the back room. When they returned it was very clear the document they were about to show me was the signed contract of another customer. Consequently I called this out and said "Don't show me that, that's someone else's personal data" which they seemed to take offence at and said I was just trying to give them a hard time. They went on to justify saying that what they were trying to show me had no personal data despite initials and a signature being clearly visible. I again instructed they take the document away from me. The wording was so small that the only way for me to read it would be to have actually taken the document to look at it. The ultimate irony is that policy in this other customers document would be irrelevant because that's not the document I signed.   Realising I was getting palmed off and probably being labeled as toxic I decided to leave, but not before writing his name down and sending off a blunt tweet to 3...   Needless to say I'm not too impressed, £16.55 out of pocket for a train ticket, probably going to need to return to the store again and having to put up with a broken phone either for 2 weeks (If manufacturer deal with this) or having to fight an outside 30 day period.   Tweet Sent... But not sure how I should approach that GDPR issue... So desperate to prove a point the manager didn't have he throws all regards to another customers data out the window?   When does my bad luck ever end...
    • did you send the irl complaint to zopla? dx
    • ok I will fill in the out of time statutory declaration.  My understanding is that the clock gets reset to when the PCN was originally issued?  If so then what do I do then as the company lo longer exists, I don't know who was driving the van on the day of the PCN so not much help 
    • That is a definite possibility, that OOT is a good idea, if accepted it will reset the debt to the original sum to pay or dispute and remove the bailiff fees.
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    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
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Andy01

RBS master card 1997

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Hi This is another new thread for RBS master card 1997.

I requested CCA on 18th May 2009.

They did not reply untill 10th June which was more than 12+2 days

 

 

I have send them "Account in Dispute " letter already which they received on 12th June.

 

 

now I just yesterday got this reply attached for my CCA.

I think They only replied to my 2nd letter of 10th June cause it says that account has not been sold.

http://i698.photobucket.com/albums/vv342/Andy01/RBS.jpg

http://i698.photobucket.com/albums/vv342/Andy01/RBS1.jpg

Is this is an application or properly executed agrrement ?

 

This application or agrrement whatever they say was signed on 26.02.1997 .

that means I replied my card on that day.

 

 

On this application I had my previous address too.

Now next attachemnet is a copy of my suppose to be agreement only states my previous address NOT the address when I apply for the card.

 

 

How can they make agrrement with my previous address?

http://i698.photobucket.com/albums/vv342/Andy01/RBS4.jpg

 

These are 5 pages so I only sccaned 1 .

I think these are very new and computer genereted although at the end of each says mastercard 1997

 

http://i698.photobucket.com/albums/vv342/Andy01/RBS2.jpg

 

http://i698.photobucket.com/albums/vv342/Andy01/RBS3.jpg

These are again new computer G but got my present address

 

Last but not least my current copy of my last statement http://i698.photobucket.com/albums/vv342/Andy01/RBS5.jpg

 

Please advise me My next step? Thanks


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Ok the agreement you've attached as RBS1 is a nasty one, it contains the prescribed terms even though this is a 1997 agreement and is signed by both yourself (blob covering) and the bank (stamp and squiggle) dated 21 Mar 2007. The document claims full t&c are to be found overleaf. I would say enforceable but its just my opinion

 

However that said... its very small and I would guess its a microfiche copy so they look to have destroyed the original.

 

I've no idea what RBS4 and RBS2/3 are? are any of these 3 signed by yourself?

 

S.


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Hi Shadow No 3 and 4 not signed by me.The whole pack came like that. No 3 doc got my current address . Document 4 got my previous address and it is the copy of the agrrement as it says. Surely T's and C's should have my same address as my agreement?

 

Document 2 and 3 were together as it says terms of agreement too but that got my current address.

 

RBS1 is the agrrement but it is only a copy it is small. It should have all the T's and C's and APR etc.

 

So what do I do now?


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:confused::(:sad:

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RBS1 is the agrrement but it is only a copy it is small. It should have all the T's and C's and APR etc.

It does contain the prescribed terms so would be deemed enforceable, however if it went to court you could bring them to "strict proof" where they would have to produce the original.

 

The rest of them are just T&Cs.


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So what sort of reply should I be writing to them now?

What about the different address on the Doc 4?

thanks for prompt reply CB


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Obviously RBS4 is reconstructed, besides it only being the T&Cs it is marked as your copy so how come they've still got it? :rolleyes:

 

But as I said it's the RBS1 that's important & it does conform to CCA 1974. :(

 

So what sort of reply should I be writing to them now?

It's something only you can decide. You can either try to come to some repayment arrangement or risk bringing them to 'strict proof' in court in the hope they don't have the original.


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I am just trying to get my head around this sorry if sounds daft. If RBS doc 1, 2,3,and 4 are reconstructed why they all have different adresses ?

Doc 1 is Agreement got my last address

Doc 2,3 got my present address

Doc 4 got my previous but before my agreement address

 

Yes they all have new print outs freash copies and its got a COPY coloured stamp on it.

 

1.Should I be asking them or should I keep it if I end up in court?

2.If they only have (Doc 1) this agreement copy not orignal can they enforce?


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Doc1 is the original agreement containing the address you resided at the time? If so that's in order. The other documents really don't have any bearing because although they are purporting to be the T&Cs at the time of the agreement + their most recent T&Cs doc1 does contain the prescribed terms.


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If they only have (Doc 1) this agreement copy not the "strict proof" orignal can they enforce?


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Don't forget they probably won't have the original because it will have been traded in the 'bank paper' market - part of a 'bundle'.

 

Remember, this credit crisis was triggered by the US sub-prime mortgage frenzy of a few years ago... we had it here to a degree as well.. like 125% mortgages etcetera...

Those mortgage loan agreements were no different to the apps/agreements/contracts we sign for loans... these contracts, £billions of em were packed into 'parcels' and sold to investors who weren't too fussy about where their profit came from. All these contracts were backed up by people signatures and security over property... then things went haywire.... low start mortgages matured into interest payment mortgages in stages until the homeowners could not pay their dues... then they just walked away and this devaluation escalated and now we have what we have. Of course, those greedy bastards who planned it all walked away with $billions in their pockets... knowing esxactly what would happen. Your loan - credit agreement is just the same - no different except it's unsecured so the yield for the buyers won't be quite so high.... and now they are sufferening because WE, in other countries too have got the measure and we are starting to fight back.

 

If you can force a situation where the bank is instructed to produce the original, then you will win - the creditor will go right to the court door and then withdraw at the last moment.

 

Research is needed to satisfy yourself.

 

Just to give you an idea of how sick these banks are, I was talking to a new friend today... he's the Fin Dir of a IVA - debt company... he told me about a well known bank that loaned a huge sum of 'credit' to an 85 year old man with a state pension.

They were able to kill the debt on threat of taking it to the media. They lost money - but what the hell, he said, it's not always about money.

 

charlie*

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Hi Charlie thanks for the info. I am having the feeling that they may not be holding the original agreement. Like CB advised I may ask for strict proof if we end up in court. Question is what to write to them now?

Please keep an eye on my case. Thanks


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can you confirm that doc 1 has the address on it that you lived at in 1997?

 

ida x


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yes IF doc 1 address is right but the addresses not right.

 

Can you please look my other thread too Andy01 V BOS&BOS 2000

Edited by Andy01

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i think what cerb is saying ( he will correct me if i'm wrong :D ) is that looking at doc one it looks like how it should (doesn't look like a microfische copy to me as has none of the usual MF markers) that it would be be quick tricky to put them to stirct proof cause they may come to court with a doc as doc 1 and say this is the original. youhave to remember going down this route that then the judge would have to decide if they 'believe' them.

 

hope that makes sense.

 

 

If it was me i would accept that as enforceable but the honorable shadow might not

 

it depends on what YOU are comfortable with

 

 

uda x


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Thanks IF how about if I write to them again asking my reply regarding a letter "account in Dispute" which was posted 10th June that I have not heard anything yet. They may send me some thing or different reply or may make mistake sending me the original copy. What about SAR request?


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andy,

are you in england or scotland?

 

ida x


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England Kent


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here he comes lol


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Sorry didn't catch it


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A SAR would really only be useful if you want to reclaim any unfair charges. have they defaulted you yet & sent a 'Default Notice'? The reason I ask is that RBS are not the most efficient of lenders when issuing them & many are defective.


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while he is here lol

 

cerb,

 

going down the cpr route wouldnlt help would it? if they were to supply the same doc.

 

does it look like a MF copy to you?

 

Ida x


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Those black margins in doc1 are they on the copy they sent you or did they occur when you scanned it?


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Not yet Cerberthey have not default me or sold my account to any one as Doc RBS says. I think I just need to reply but don't know what?


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It's only a matter of time before they sell your debt on, they can get the money from the sale, write the debt off & claim tax relief. Just to repeat my question are those black margins on your copy of the CCA?


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