Jump to content


  • Tweets

  • Posts

    • Hi everyone, Thanks for the responses. Just a few follow up questions in light of what's been said:   If I dont appeal to PPM, who can I appeal to?   Why should the PCN been attached to the windscreen? Is this written in law?   I assumed the document I had received was the NTK, if this is not the case, what does a NTK look like?   Regarding the compliance with the Protection of Freedoms Act, could the "period" of parking not be argued either way? The legislation doesnt state it must have a start/end time of parking, which I assumed an ANPR camera would pick up if it had one. Is 4 minutes not technically enough to show the vehicle was parked?    Thanks !
    • I see jenrick has stuck his head up with them, and I'm sure this wont faze their nasty rhetoric one wit-less UK growth since 2010 has been lacklustre and largely driven by immigration, says report UK growth since 2010 has been lacklustre and largely driven by immigration, says report | Economic growth (GDP) | The Guardian WWW.THEGUARDIAN.COM Resolution Foundation report suggests parties are dodging the economic challenges facing the country   Net migration is more than two and a half times the 2010 figure despite a string of Tory pledges to reduce it Immigration: how 14 years of Tory rule have changed Britain – in charts | General election 2024 | The Guardian WWW.THEGUARDIAN.COM Net migration is more than two and a half times the 2010 figure despite a string of Tory pledges to reduce it    
    • Will get them done asap My job changes week to week so at the time I didn’t know. 
    • You will probably get a couple more reminders followed by further demands fro unregulated debt collectors with even increasing amounts to pay. They are all designed to scare you into paying.  Don't. It's a scam site and they do not know who was driving and they know the keeper is not liable to pay the PCN. Also the shop was closed so they have no legitimate interest in keeping the car park clear. So to charge £100 is a penalty as there is no legitimate interest which means that the case would be thrown out if it went to Court.  Keep your money in your wallet and be prepared to ignore all their letters and threats. Doubtful they would go to Court since a lot more people would not pay when they heard  MET lost in Court. However they may just send you a Letter of Claim to test your resolve.  If yoy get one of those, come back to us and we will advise a snotty letter to send them.  You probably already have, but take a look through some of our past Met PCNs to see how they are doing.
    • Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
  • 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

6hrs later,still struggling... **Stat demand set aside won with costs**


harvie
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4619 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

Here's an SD example of cost claim fro LIP:

 

Costs For Set Aside Application Case No xxx

xx Court xxx April 2008

 

Rate Claimed Litigant in Person rate of £9.25 / hour

Travelling Costs HMRC Approved Mileage Rate of 40p / mile

 

1) Time spent identifying and understanding relevant legislation.

Time spent identifying and understanding relevant case law.

Time spent preparing affidavit and skeleton argument.

 

18 hours £166.50

 

2) Time spent communicating with Respondant and swearing affadavit

 

2 hours £ 18.50

 

3) Loss of day’s wages for attending court on xxx April 2008 £ 80.00

 

4) Travelling costs for return journey to court 2 x 20 miles £ 16.00

 

Total £281.00

 

Notes

 

Before undertaking this myself I approached a solicitor to handle this. I was given an estimate of 3 to 6 hours at £170/hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

Link to post
Share on other sites

  • Replies 103
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

just thought i would let everone on here know of todays success. capquest had issued me with a statutory demand for a debt from 1999 the hearing was to take place tomorrow, but after fantastic advice from you lot they have backed down and i won court cost of £137.00!! many thanks to everyone who has helped me with a massive thank you going to brent-London,without your help i never would have fought this.:)

Link to post
Share on other sites

well done again people power has prevailed PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Well done Harvie - another North West victory !!

 

Join the queue waiting for the cheque now !! :rolleyes:

[B]Nunquam redono spes Nunquam occulto evinco [/B] [SIZE="1"][COLOR="Red"][B]HighFly - 1 Lowell - 0 £5200 SD set aside + costs won HighFly -1 Wescott - 0 £4200 S. barred, removed from files[/B][/COLOR][/SIZE]

Link to post
Share on other sites

  • 4 weeks later...
  • 9 months later...

hi

i got so much valuable advice back in september i managed to win a case against capquest over a 7 year old loan. i was awarded cost and thought that was the end of it.today i have received another letter from them stating "on the 30 april 09 a statutory demand for bankruptcy was sent which we have not received a positive contact from."

they are once again threatening me with field agents to visit my address.

why has this started up again?? please any help gratefully received.:sad:

Link to post
Share on other sites

hi

i got so much valuable advice back in september i managed to win a case against capquest over a 7 year old loan. i was awarded cost and thought that was the end of it.today i have received another letter from them stating "on the 30 april 09 a statutory demand for bankruptcy was sent which we have not received a positive contact from."

they are once again threatening me with field agents to visit my address.

why has this started up again?? please any help gratefully received.:sad:

 

So you won the set aside against CapQuest and were awarded cost? Is this correct and did they pay your costs ? Did you receive any letters/papers to confirm this ? If yes, send them a copy by recorded delivery.

 

I should imagine this is just a mistake by CapQuest, but probably best to correct them, rather than ignore. If you ignored this, they would probably just continue to harass you further.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

I agree it sounds like a mistake. Write to them spelling this out and demanding the £175 if they haven't paid it.

 

If they do try to take this further and you have the time, you could have a lot of fun in court with this.

Link to post
Share on other sites

feeling stressed just thinking about going through this again! the guy at capquest last time was a barry davies,wonder if he's still there. if i dont find the original letteres inot sure what i will do

Link to post
Share on other sites

Either way I'd do it in writing by recorded delivery. Keep the paper trail going :)

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...