Jump to content


  • Tweets

  • Posts

    • Peter McCormack says "ambition is big" and Real Bedford's attendances are increasing with promotions.View the full article
    • How does one obtain the permit? The permit team number is only open between the hours of 9am to 3pm Mon - Fri. It says on the website, To obtain an additional 2 hours, the driver must pay a tariff of £3.00 + booking fees in person at our Security Hut, is that how you get the permit also, from the security hut? What a rigmaroll that would be but maybe just another step to take to try and catch people out?
    • Anotheruser0000 bear in mind that not all Judges are equally versed in the PoFA regulations. Fortunately now most of them are but sometimes a Judge from a higher Court sits in who is well experienced  in Law but not PoFA. and so they sometimes go "offkey" because their knowledge can raise a different set of arguments and solutions. It does seem particularly unfair  when the decision is so  bad . it can also be that in some situations the motorist being a lay person is not sufficiently know ledgeable to be able to counter a Judge's decisions in a way that a barrister could.
    • The argument about the date of receipt is now dead because the PCN  does not comply with the wording  of the Protection of Freedoms Act 2012 Schedule 4.  First reason Section 9 [2] [e]  "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;" Second Reason Section 9 [2][a] "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;" All your PCN does is mark the time you entered and left the car park. It does not include all the myriad things you do in between-driving into the car park, looking for a parking space-perhaps a disabled space or  parent and Child place@ getting the children or disabled person out of the car then going shopping. Coming back; loading the car with shopping [, getting the children or disabled into the car, taking the trolley back to the store; driving to the exit perhaps stopping to let vehicles/pedestrians cross in front of you etc. so subtracting the driving times from before and after parking can make quite a difference from their time to the actual period parking time. So the upshot is now that only the driver is responsible for paying the PCN and the keeper is not liable at all even if the name of the driver is never known by Nexus so well done for not appealing. You obviously want to keep it that way to make it very difficult for them to win in Court if it ever goes that far. Although your question is now moot since  the same objective has been achieved by the non compliant PCN [ie no keeper liability] just  about the only way to dispute the timing of the PCN would be if one kept the envelope and there was a discernible date stamp on it that did not match the date on the PCN. There is a new Act coming out [and it cannot come quickly enough ] and one of the things required is that parking companies will have to prove the date of sending out their PCNs. We are not the only ones who sometimes doubt the veracity of their dates particularly as the later it is sent [unlawfully] the shorter the period motorists have to benefit [?] from the reduced payment. I haven't seen it on your posts but do you know how long you are permitted to park for free?
    • I was so annoyed and frustrated about the fact this case was lost it's been floating around my head all night. Dave962, are you sure that's what the Judge said? .... It doesn't make sense. Did the judge in fact dismiss the case on the grounds that the defendant did not make an appeal within 28 days? Effectively telling the PPC about the error entering the registration number and providing proof of payment at that time? To me, that's an important point.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

Channel 4 Dispatches to air debt collection exposé


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5386 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Marlin Financial Services et al undercover report.

 

Now available to watch online if you missed it.

 

>>>>>> Dispatches - 4oD - Channel 4

 

Also to be repeated on:

 

Wednesday 22 July, 11.05PM More4

Thursday 23 July, 3.15AM More4

Friday 24 July, 4AM Channel 4

Credit Today online

 

Dispatches to air debt collection exposé - 10/07/2009

 

A Channel 4 Dispatches reporter has gone undercover in a debt collection agency for a programme that will air on 20 July, Credit Today has learned.

 

Presented by Jane Moore, Channel 4 said the programme reveals "some of the tactics deployed to get debtors to pay up, and talks to those unfortunate enough to be on the receiving end of this treatment". Earlier this year, Dispatches reporter Tom Randall got a job as a debt collector inside "one of the UK’s fastest growing agencies".

 

The programme is understood to also focus on the sale of debt portfolios. "Some of the biggest high street businesses are cutting their losses and selling on their bad debts to agencies for as little as sixteen pence in the pound," it said. "Agencies who buy up these debts are entitled to pursue debtors for the full amount. In this multi billion pound industry the stakes are high, and Dispatches reveals the lengths collectors will go to, to recover their debts."

 

Kurt Obermaier, executive director of the Credit Services Association, confirmed that a CSA member had made the trade body aware of the situation. He said the company had the correct policies in place for collections but individual employees appeared to have deviated from them. He was not able to reveal the identity of the agency.

 

Credit Today understands that allegations include collection professionals putting undue pressure on vulnerable debtors, making premature threats of bankruptcy and chasing third parties and statue barred debts.

Edited by fermi

[SIZE=2][COLOR=SeaGreen][FONT=Verdana][URL="http://www.nationaldebtline.co.uk/"][/URL][/FONT][/COLOR][/SIZE]

Link to post
Share on other sites

  • Replies 1.4k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Kurt Obermaier, executive director of the Credit Services Association, confirmed that a CSA member had made the trade body aware of the situation. He said the company had the correct policies in place for collections but individual employees appeared to have deviated from them. He was not able to reveal the identity of the agency.

 

Credit Today understands that allegations include collection professionals putting undue pressure on vulnerable debtors, making premature threats of bankruptcy and chasing third parties and statue barred debts.

 

-------

 

Bring it on, wonder who it is??

 

my bets are on

 

1st Crapit

CrapQuest

Link to post
Share on other sites

Funny how it is always an "error" or individuals not towing the company line. Agressive and illegal tatics are endemic throughout the whole corrupt fina ncial industry, including mainstream banks, and the time to do something about it is long overdue.

Link to post
Share on other sites

Would be good to find out.

 

Having said that doesn't matter what tactics they use if you know what they are allowed and not allowed to do they will never get anywhere with you.

 

United we stand against these mugs!

Link to post
Share on other sites

Kurt Obermaier, executive director of the Credit Services Association, confirmed that a CSA member had made the trade body aware of the situation. He said the company had the correct policies in place for collections but individual employees appeared to have deviated from them...

 

Tell me the old old story...

Link to post
Share on other sites

To air on C4, Monday 20th July at 8pm by the looks of it.

[SIZE=2][COLOR=SeaGreen][FONT=Verdana][URL="http://www.nationaldebtline.co.uk/"][/URL][/FONT][/COLOR][/SIZE]

Link to post
Share on other sites

Kurt Obermaier, executive director of the Credit Services Association, confirmed that a CSA member had made the trade body aware of the situation. He said the company had the correct policies in place for collections but individual employees appeared to have deviated from them...

 

Tell me the old old story...

 

I almost wet myself when I read that. No wonder Kurt has thrown in the towel and decided to quit the CSA.

 

The only thing that's really surprising is that there might actually still be people around who are gullible enough to believe that these parasites normally act within the law and collection guidelines.

 

Always a 'oversight', 'fault in the system', 'rogue individual' or 'acting in good faith upon information we now know to be inaccurate and misleading' was one of my particular favourites.

 

What will it take for the OFT and people in authority to wake up to the fact that bad practice and downright unlawful actions by debt collectors is NOT exceptional, it has become the norm.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

Link to post
Share on other sites

Obermaier's usual reply....."Oh, no, it's not us Guv!!"

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

Link to post
Share on other sites

Kurt Obermaier, executive director of the Credit Services Association, confirmed that a CSA member had made the trade body aware of the situation. He said the company had the correct policies in place for collections but individual employees appeared to have deviated from them.

 

Having the correct policies in place is of no use whatever unless management ensure compliance. If Herr Obermaier's weasel words are supposed to be some sort of excuse for the CSA member failing to comply with its obligations, he's doing a particularly poor job. The company is still responsible for compliance, and should ensure it supervises its staff properly.

 

I wonder if English isn't his first language. In order to assist, then:

 

Sehr Geehrter Herr Obermaier

 

Ihre Entschuldigungen sind schwach. Lesen Sie bitte Ferguson v. British Gas Trading (2009), die alles klarstellen. Sie können das CSA herauf Ihr Band haften, ohne Vaseline.

 

Ihnen Unglück wünschen

 

Das Scharlachrot Pimpernel

Im auftrag der Verbraucher Aktions-Gruppe

  • Haha 1
Link to post
Share on other sites

I'd say the quote of 16p in the pound for debts being sold on is grossly over estimated (In some cases) more like 5p in the £ ...

I reside in Dawlish Warren but am not a rabbit.

Link to post
Share on other sites

I'd say the quote of 16p in the pound for debts being sold on is grossly over estimated (In some cases) more like 5p in the £ ...

 

,,,or less.

 

 

Nobody should pay a single shiny brass farthing to the purchasers until it has been tested in Law.

 

 

 

Just an opinion. :)

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

Link to post
Share on other sites

The shock of it, Kurt Obermaier & the CSA no doubt will exclude this DCA from its membership for bringing their trade into disrepute. Second thoughts, they won't do that will they? Of course not because if they did they would have to do it to all of their members that circumvent the law and various other bodies official guidelines, they'd have no members left.

 

Could this DCA who is being 'outed' possibly be one that's on the market which no-one wants to touch with a barge-pole?

 

Whoever it is, it will be interesting to see whether they try to obtain an injunction against C4 to prevent the airing of the program. They will be able to do what they do best & rachet up their 'threat-o-matic' machine to full speed. :rolleyes:

 

Whichever DCA it is, I would have hated to have been in their particular nursery when the toys started flying. :D

Link to post
Share on other sites

The shock of it, Kurt Obermaier & the CSA no doubt will exclude this DCA from its membership for bringing their trade into disrepute. Second thoughts, they won't do that will they? Of course not because if they did they would have to do it to all of their members that circumvent the law and various other bodies official guidelines, they'd have no members left.

 

 

When attempting to calculate the likelihood of the CSA censuring, let alone expelling, a miscreant member, remember this:

 

The Chairman of the CSA is the CEO of 1st Credit, a company who have done at least as much as any other to bring their industry into disrepute. He did not think that being responsible for major non-compliance was grounds to resign. I can't be bothered to check, but I should not be at all surprised to find that most, if not all, of the main DCAs are involved in running the CSA.

 

Asinus asinum fricat, as they say.

 

Our bombers are over Berlin, Herr Obermaier - you're a Dutchman.

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5386 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...