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    • Just remembered!   Now I know this is no laughing matter for either your or your parents, but I guarantee if you read the following  http://nebula.wsimg.com/e3da92cb966c72de63ec1f98605c2954?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1  by the end you won't be able to contain the giggles 🤣   On a more serious note, quote this in your WS as a persuasive case in (5).  Here there is VCS, someone who left the site, no locus standi, lots of stuff similar to your parents' cases.  And VCS took one hell of a hammering!         
    • You are wonderful, Dave!!   I shall get the WS drafted soon as I can! Thank you so much for your help!
    • I thought they were not allowing people to sign for recorded delivery/special delivery now meaning it could still be argued that they ever received it     
    • Don't worry about the questions - that's what we're here for.   I'll try and flesh out the arguments and answer your questions at the same time.  Let's use "I" to refer to your mum as it's her WS.   1.  Sequence of events Describe briefly that the driver parked in the retail park and visited Citygate garage, thinking it was part of the retail park.  Upon return to the vehicle there was no windscreen ticket or indication of any infringement.  Later I received a PCN for parking in a restricted area, then various threatening letters, after a Letter Before Action which I replied to and finally a claim form.   2.  Locus standi VCS are not the landowner.  The contract they have provided is not with the landowner, it is with another company, it ran out in 2018, the company it is with went into liquidation in 2019, the contract cannot possibly be valid.   3.  No keeper liability VCS should be suing the driver, they have not established keeper liability under POFA (you know all about the 29-56 day stuff, quote it all from POFA).   (Yes!  Good find on their sign!  Include the sign and say VCS maintain they have images that can identify the driver and yet have not identified me as such).   (Yes, keep it vague as to who was driving, it's up to VCS to prove, not you.  They could easily have used POFA correctly but have complete contempt for the law so haven't).   4.  Planning permission VCS go to great pains in their WS to emphasise their signage, none of which I disagree with.  However I do not believe they have planning permission for these signs which is a criminal offence under Town and Country [Advertisements} regulations and means no contract could be formed.  I have requested proof of planning permission from VCS by means of a CPR request but they have not replied.  I have searched XXXXX council planning portal and I cannot find planning permission for the signs.  Their CoP incudes that they must obtain all legal permissions yet they have not done so (look up the bit on the IPC CoP):   (You can't prove a negative.  The work you've done here is more than enough.  They have to prove they have planning permission yet have not).   5.  Predatory practises These are forbidden by the CoP (again, look the section up) (a)  The driver did not find the Notice to Driver on their return to the car although it appears in VCS's photos.  As the car park is patrolled, it is unlikely that a member of the public removed it.  I believe the patrol officer photographed it and removed it.  This is a well-known tactic used by PPCs so that the motorist misses the chance to pay during the discounted period.  I enclose a statement by Mr XXXXX which confirms what i say. (b)  The driver visited Citygate garage which is a matter of metres away from the retail site, in fact the driver thought it to be part of the site.  The patrol officer could easily have mitigated the loss by informing the driver of their mistake, yet did not. (c)  The parking violation alleged was to have left the site, yet the PCN is for a completely different violation, parking in a restricted area.  The area was not restricted, there were no permits to show or payment to be made, it is a free public car park.  This error was made either out of incompetence or deliberately to confuse me and make it impossible to appeal.  In any case in their WS VCS are alleging a completely different breach of contract that that stated in their PCN and in all their previous correspondence I would point out that the patrol officer will not attend the hearing so I will not be able to cross examine him, and I am confident that neither will the WS author since from research I have carried out I have discovered that neither Ambreen Arshad nor Mohammed Wali (VCS's other paralegal) who always write the company's WSs ever attend hearings, presumably to avoid cross examination.  Its is especially easy to attend on-line hearings during the COVID pandemic as no travelling is involved.   6.  Unicorn Food Tax Easy, copy from Alaska 101
    • Good evening. thank you for the add. I have a problem with returning a Dell laptop within a 14 day cooling off period. I bought it online on the Dell uk website, and it was delivered to me on the 6th of September. I could not set it up because I was stuck at one of the steps (got the frozen screen and I could not get past it waiting for hours for something to happen). Then I contacted Dell Technical Support. I spent over 4 hours with their advisors on the phone and whatsapp and they could not help me to resolve this problem. So there seems to be a software( or hardware?) issue and I want to return it. I have tried to arrange a return thru the Dell website by picking the date, however, I did not receive any email confirmation of this and nobody showed up on the day. I phoned and emailed and they said I could not return it. Earlier this week I have contacted both their customer service and complaints emails with no success. They are not giving me their returns address. The guy in the 2nd email was trying to offer me a £130 off voucher but never got back to me with the returns address in the UK. I have used the Resolver  site yesterday to write another complaint quoting Dells own returns policy as well as the Comsumer Rights. My return window is running out. What can I do now?
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Just received a bill from 3 years ago....Where do I stand?


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Hoping anyone out there can help me with my query, I have just received a bill from 3 saying I owe them £114 for a contract that was cancelled 3 years ago! To say I was not impressed is to put it lightly! I stress I cannot remember this account fully and if I had cancelled the contract I would have paid the bill at the time and not left it hanging over my head!

 

My query is can they do this? They have passed my details to the lovley people at Lowell Finance and I am now concerned they have screwed with my credit rating. Is there anything that I can do?

 

So far I have called 3 & Lowell and told them I am disputing the debt. I will back this up with a letter. I will also write off to the CRAs to make sure they have not put anything on my rating and will let them know it is in dispute should they have done so.

 

My thoughts on how to proceed are along the lines of asking them for copies of my consumer credit agreement. Is this a sensible way to go and if so do they fall under the same guidelines as loans/credit cards etc??? Ie if they cannot provide me a copy of this can I refuse to pay unless they provide me proof that an agreement was in place???

 

I am at a loss and would appreciate any advice as if I have ways to proceed or if I should just 'man up' and pay them???

 

Please help if you can.

If I have helped tip my scales:)

 

I am not a legal eagle, professional accountant, [problem] artist or axe murder so please bear in mind that my advice is just that advice from someone in the same boat as you.......

Claims:

Lloyds TSB Acct 1 - S.A.R - (Subject Access Request)'d/Statements received/£2500ish to be claimed + contractual interest

Lloyds TSB Acct 2 - *WON* over £5K won with compond CI at 28.9%

Lloyds TSB PPI *WON* - CCA'd/They cant find agreement/£2650 awarded

Halifax TSB Closed account issues*WON* - £610 in compensation for an account closed with £10 in it!

Student Loans - 20 Feb 07 CCA'd/on back burner for now

 

Hmmm seems Im on the right end of winning, God that feels GOOD!

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who is the OC please

and what type of 'contract'?

 

you keep phoning lowells you'll get lots of lovely mug markers on your DCA file, keep off that phone!

 

dx

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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In all honesty I cannot remember any of those details hance why I am disputing the bill.

 

I think I will SAR and take it from there.

 

Are companies like 3 controlled by the CCA?

If I have helped tip my scales:)

 

I am not a legal eagle, professional accountant, [problem] artist or axe murder so please bear in mind that my advice is just that advice from someone in the same boat as you.......

Claims:

Lloyds TSB Acct 1 - S.A.R - (Subject Access Request)'d/Statements received/£2500ish to be claimed + contractual interest

Lloyds TSB Acct 2 - *WON* over £5K won with compond CI at 28.9%

Lloyds TSB PPI *WON* - CCA'd/They cant find agreement/£2650 awarded

Halifax TSB Closed account issues*WON* - £610 in compensation for an account closed with £10 in it!

Student Loans - 20 Feb 07 CCA'd/on back burner for now

 

Hmmm seems Im on the right end of winning, God that feels GOOD!

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No, CCA is not applicable. Send the "Prove it" letter!

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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