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    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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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.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • 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.
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Argos CCA - is it enforceable


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if you are not worried about your CF at the mo :D then don't pay as it will kill it quicker.

 

track and trace at the moment is pathetic so just wait and see if mr carter sends anything in response

 

Ida x

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Account number:

 

Dear Sir/Madam,

Thank you for your response to my request under the Consumer Credit Act section 78

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales is a criminal offence.

 

Hi, I have just read this thread and noticed this part high lighted above in red which no longer applies.

The offence aspects of s 77-79 of the Consumer Credit Act 1974 were repealed by Regulation 30, The Consumer Protection from Unfair Trading Regulations 2008 ........

SCHEDULE 2 Amendments

PART 1 Amendments to Acts

Consumer Credit Act 1974

20. In section 78 (duty to give information to debtor under running-account credit agreement), in subsection (6), omit paragraph (b) and the “and” preceding it.

Which was .....

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

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  • 2 weeks later...

Hi

Got reply from Argos today with an offer for charges a total insult, obviously not going to accept it has anybody any ideas of a letter I could send them refusing their offer.

ANy help would be most appreciated.

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edit this to suit:

 

Date

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

 

Response to settlement offer.

 

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My (Request for Repayment letter) (Letter Before Action) dated xx/xx/xx indicates that you have until xx/xx/xx to respond before I proceed to the next stage of my request (before I commence legal action). My deadline remains the same despite this offer.

 

If you do not accept my conditions for acceptance, or you do not respond within 7 days, I shall return the cheque to you. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

 

(If the bank have credited your account, please use this note in place of the above paragraph)

If you do not accept my conditions, or you do not respond within 7 days, I wish to stress that I do not accept your offer and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

[signature

and them send the LBA on time

 

ida x

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  • 5 months later...

A wee update on the Argos front seemingly they will not increase their offer for charges and the FOS cannot help as they were not under their jurisdiction at the time of the charges.:(

 

Hadn't heard a dickybird from them for months then (Happy New Post) brought me a letter from Direct & Legal Collections with a copy of a letter from Argos saying dlc had been assigned this debt.

 

Don't know how, as this account is still in dispute with Argos as all they have sent is an application form in response to my CCA request months ago.

 

Also SAR did not turn up any other CCA apart from the Application Form they sent me.

 

I have read a lot of nasty things regarding dlc and not quite sure what to expect I have written to them to tell them account in dispute, htat was at the beginning of January 2010 no reply as yet.....seemingly they have a bad reputation of just going to court with proper CCA to get charge on house.

 

ANybody who can advise on what my next step should be....

 

Scott

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to be honest i cannot find any argos accounts on CAG that has went to court but there are many threads in the same situ as you

 

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=3191951

 

also reemeber you are in Scotland ;) donlt have charge for payments but rather inhibition orders which is a long long way off

 

National Debtline Scotland | Debt Advice | Factsheet 05 What Happens When A Creditor Takes Court Action Against You

 

 

you are doinfg the right thing stating it is in dipsute

 

Ida x

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  • 2 weeks later...

Hiya

 

New Update on the Argos - dlc saga, sent letter to dlc (who have been assigned this debt) informing them that this account was in default due to unenforceable CCA.

 

Does assigned mean that dlc have bought this debt from argos ?

 

Anyway received a letter today from a company called Hillesden Securities replying to my letter to dlc (Are they connected as the letter states Hillesden Securities and the written complaints prodcedure they sent has dlc on it :confused:)

 

Cant believe a company would send a letter printed so squint they cant seem to type in straight lines :rolleyes: see copy of letter below.

 

Copy of Letter

 

Anyway its appears from their letter they want me to send them full details as too why I believe that the agreement (Application form argos sent me) supplied by argos does not comply with the Consumer Credit Act 1974 regulations.

 

Also to send them a copy of the document that my claims are based on as this will help them resolve the matter in the proper timescale.

 

WHy would they not have a copy of the agreement(posted in previous quote above) ?

 

Do I have to tell them why I think its not enforceable ?

 

 

 

Dont like what I read about dlc (not sure Hillesden Securities) really scared they will take us to court. If they do, does anybody know if it would be a local court up here in Scotland or a court down south as they are in Northants as I have read somewhere that the court system down there tend to favour the companies and not the debtor.

 

If anybody could help me with a reply letter to HS/dlc I would be very grateful as not too good at doing letters to these companies I am sure they can read in between the lines and they know that we are quite scared.

 

Scott

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humour them

 

send copy of the letter you sent for the dispute with a short and simple letter:

 

Dear twats

 

Thank you for you letter dated xx/xx/xx.

 

Please find enclosed a copy of the letter of dispute that Argos received on the xx/xx/xx.

 

If you wish to see a copy of the alleged agreement, then please forward your request to your client.

 

I trust now that you will pass this account back to Argos for them to deal with their non-complance.

  • Haha 1

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  • 5 months later...

Well Hillesden has raised their ugly faces once again, they have sent me a copy of the Application Form they call CCA

 

They actually state in their letter "After reviewing the document we are happy that it complies with all regulations set out by the consumer credit act 1974.

 

and

 

"Please note that as the above account does not relate to a fixed term agreemnet the prescribed terms are not required to be on the face of the agreement" Can anybody confirm this.....

 

 

The letter and application form links are below:-

 

LETTER COPY

CCA COPY

TERMS & CONDITIONS (which I think were on the back)

 

However I also have found the default notice:-

 

DEFAULT NOTICE COPY

 

Does anybody think the DN is compliant as it states 14 days but no date

 

All comments and advice gratefully received.

 

Scott

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