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    • Well that will lead to more backdoor CCJs. I think you need to complain to all and sundry.  Let's start with the BPA.  The BPA are PE's mates, so they will never decide that PE have done anything wrong.  But that's not the point, correspondence between the two may lead to PE promising to write to the Scottish address, which is all you want.  Check the below for accuracy as methinks you have sent more correspondence that what I've quoted.  How about something like - Dear BPA, Re : Parkingeye Ltd PCN no.XXXXX, Claim no.XXXXX PCN no.XXXXX I am writing to complain about your above-mentioned member. I understand of course that you cannot enter into the merits of why a PCN was issued. The reason for my complaint is that, instead of writing to me at my address at XXXXX, Scotland, your member insists in writing to me at XXXXX, England, which is an address which I have never lived at.  I have always resided at the Scottish address.  The address registered with the DVLA for the vehicle is my Scottish address. I first because aware of this mess when the person who lives at the English address kindly contacted me, to tell me that a County Court Judgement for me had arrived at that address.  I requested that Parking Eye agree to a set aside by consent.  However, they refused.  I ended up paying £XXX despite having had no chance to defend myself. Regardng the second PCN, I attach correspondence dated XX February and XX March.  The latter was a complaint - which your operator has completely ignored.  Even worse, they have instructed debt collecting agencies twice to write to the English address.  On top of this, the person at the English address is moving out next week which means I am in danger a second time of losing a court case by default. I would therefore like to complain about your operator and would request that you instruct them to do what should be a simple thing - to write to me at my correct address. Yours, XXXXX
    • The lucky winner put the £100 into Premium Bonds just over a year ago. Check who scooped the £1million jackpot and all other major prices above £1,000 in our tables.View the full article
    • Hello DX -  So an update:  Resolvecall have written to say they have closed the account with them and passed it back to Capquest after receipt of my SB letter. Capquest have written twice, once offering a payment plan and the second letter after receiving my SB letter saying they are looking into my complaint and will respond within 8 weeks.   Absolutely no mention of what the debt is, was or from when or any details still.   Is this a case now of waiting to see what they come back with or is now the moment for me to send another letter via Solicitor please?
    • It's about telling a story: Ian King on finance in the UKView the full article
    • Working on WS, get that in the post then contact sols is the plan. The sol has misgendered me in their WS
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    • If you are buying a used car – you need to read this survival guide.
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    • 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.

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      Many thanks 
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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.
      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.
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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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Halifax CCA - is this enforceable please ? They have passed to solictors!


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when did you take out the card??? :)

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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this is a COPY of the agreemnet, but not the original if that makes sense!

What they do is send you a template agreement and type your details in, address, account no., balance, etc.

The original agreement would have been signed by you and Halifax, it would have the perscribed terms.

 

This is just a statement of account really.

I would go back and ask for a copy of the original "signed" agreement. Chances are all they will have will be an application form of sorts.

 

PS they also have two different default rates, the new ones (£12) came into force in 2006 so have no connection to an account taken out over 6 years ago :)

  • Haha 1

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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Share on other sites

here is a template letter that I've used on many occasions, I just change the names, etc :D

 

Miss birchave

 

DCA/Solictor/etc

 

ACCOUNT IN DISPUTE

 

date

 

Dear sir/madam

 

Re: − Account/Reference Number xxxxxxxxxxx

 

Thank you for your letter dated (date) ; sadly I feel that you are not in possession of all of the facts surrounding this account.

 

In January of last year I made two requests for information to Halifax Plc.

 

First was a full Subject Access Request under s7 of the Data Protection Act 1998.

The second was a request under the Consumer Credit Act 1974.

They were sent recorded delivery on 20-1-07 and contained the required fees.

 

To Date Halifax has NOT complied with either of my requests, and since such time - Halifax plc are in default, and the account remains in dispute.

 

They have failed to supply ALL of the information on the account.

They have also failed to provide a true copy of any “Executed Credit Agreement” for the account. An unexecuted agreement containing none of the prescribed terms and conditions or the cancellation details is neither acceptable nor enforceable - even with a court order.

 

This account and Halifax plc are/remain in default of these requests, and whilst they remain in default - they are barred under legislation from attempting to enforce any such alleged agreement.

I am sure you will be aware; enforcement under a contract includes requests/demands for payment, and/or performing any alleged term or condition of said agreement.

 

If you or Halifax process any data, or harass me for payment you are in breach of the CCA 1974, I will take court action for all breaches of the Act.

 

Following on from this, I would now confirm that whilst this account is in dispute, I expressly withdraw, and do not consent to any data processing regarding me - under any implied authority or otherwise; this is supported under s10 of the Data Protection Act 1998.

 

I would now instruct you to remove my telephone number from your records; if you are to contact me it must be in writing. You are not permitted to pass any information onto any third party.

 

I would also ask for a true copy of the authority, deed or notice of assignment allowing you to take action in regard to this account. Failure to provide this will be a breach of the OFT guidelines on debt collection.

 

I also intend to report Halifax and you to both the FOS and the OFT for your failings.

 

I would also like to inform you that both EOS and Blair, Oliver, Scott have returned this account to Halifax in the past seven months, I think you will find this is due to lack of information regarding this account.

 

Yours sincerely

 

 

 

 

birchave (Miss)

 

just change things around to suit!!! ;)

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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simples!!!! ;):D:p

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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