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    • Out of time statutory declaration is just stating reasons for wanting the clock to be wound back to when Transport for London first sent out letter demanding the PCN be paid.   Reason: vehicle Registration xxxxxxxxxx was a company vehicle registered to xxxxx ltd company and the vehicle was used by x number of employees of this company. The company was dissolved on xx date and the vehicle was sold on xx date. My name xxxxxxxx was noted as a contact name on the V5 registration document, but I have never received any correspondence from Transport for London and I was not aware of any PCN being issued at the time of any contravention. The first time I was made aware of the PCN was on xxxxx date, when an Enforcement Officer from Marstons visited my private address.   Not an expert in this and hopefully Bailiff Advice or others will be around at some point to confirm whether this would be correct or not.    
    • I recently upgraded my 3 Contract to a new phone which developed a problem. I contacted 3 and was initially told to speak to the manufacturer. They advised that as I was in the 30 day period of Consumer Rights Act 2015 to request a replacement that I go to the store to arrange this as it would offer a faster resolution. I agreed with this course of action and went to the store on day 29. Leaving it late admittedly due to health issues.   When I arrived at the store the Assistant Manager then gave just about every excuse under the sun about being able to help but because the policy was 28 days not 30 they could not help me. I countered this with CRA 2015 being 30 days and they refused to accept this so I asked for the policy in writing. We both looked on the 3 store website but embarrassingly enough for them it didn't state anything about faulty goods. The actual wording in the contract that I signed says "Refer to three.co.uk/returns" for the Full Policy which doesn't explain anything about replacement faulty goods. I know why... Because it's the legal requirement of 30 days... Store Manager being adamant the period for returns was 28 days refused to back down so I asked him to look up CRA 2015 which they declined saying "It's not my job to know the law" ... Of course if you're selling goods and services and are a manager you should be versed in CRA 2015.   Realising they weren't getting me to fold my argument they requested a colleague get a copy of the policy from the back room. When they returned it was very clear the document they were about to show me was the signed contract of another customer. Consequently I called this out and said "Don't show me that, that's someone else's personal data" which they seemed to take offence at and said I was just trying to give them a hard time. They went on to justify saying that what they were trying to show me had no personal data despite initials and a signature being clearly visible. I again instructed they take the document away from me. The wording was so small that the only way for me to read it would be to have actually taken the document to look at it. The ultimate irony is that policy in this other customers document would be irrelevant because that's not the document I signed.   Realising I was getting palmed off and probably being labeled as toxic I decided to leave, but not before writing his name down and sending off a blunt tweet to 3...   Needless to say I'm not too impressed, £16.55 out of pocket for a train ticket, probably going to need to return to the store again and having to put up with a broken phone either for 2 weeks (If manufacturer deal with this) or having to fight an outside 30 day period.   Tweet Sent... But not sure how I should approach that GDPR issue... So desperate to prove a point the manager didn't have he throws all regards to another customers data out the window?   When does my bad luck ever end...
    • did you send the irl complaint to zopla? dx
    • ok I will fill in the out of time statutory declaration.  My understanding is that the clock gets reset to when the PCN was originally issued?  If so then what do I do then as the company lo longer exists, I don't know who was driving the van on the day of the PCN so not much help 
    • That is a definite possibility, that OOT is a good idea, if accepted it will reset the debt to the original sum to pay or dispute and remove the bailiff fees.
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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      • 0 replies
osknows

Experts on Enforcable CCA needed

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After several months of requests and no response from BOS asking for a true copy of my CCA, the attached arrived today. I now haven't paid for 2 months so need some advice on whether to pursue this avenue further or start repaying. Please can someone give their opinions on whether this is enforcable or not ?

 

I have another account with BOS so wouldn't be surprised if the signature has been photoshop'd but for now assume signature and date is original

 

For a credit card I understand the prescribed terms to be

B Repayments

C Rate of interest

D Credit limit

 

My intital thoughts/questions are

1. Does it matter that there is no bank signature?

2. The APR in 2.1 states 13.9% APR but in 3.2 it is 13.94% pa

3. There is no credit limit stated. Unless 3.2 statement "This is based on a credit of £1500 being borrowed..." applies? Also. the debt is £11k; way beyond any stated limit

 

Any help with this would be greatly appreciated. Links documents are below

 

Thank you,

http://i890.photobucket.com/albums/ac104/osknows/Binder1_Page_1.jpg

http://i890.photobucket.com/albums/ac104/osknows/Binder1_Page_2.jpg

http://i890.photobucket.com/albums/ac104/osknows/Binder1_Page_3.jpg

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Im sure that the bank also has to sign the agreement -

you will need to get a paracute bank account opened up right away as they will take money out of your other account.

 

how much is in charges and have they taken any money for Insurance as you have not taken any insurance out, this would make it unenforceable.

 

you need to send SAR to data information team along with £10 fee

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Im sure that the bank also has to sign the agreement -

 

I can't see anything in the CCA 1974, or 2006, that states this.

 

Indeed, some people have had their fingers burned by suggesting this is a way to prove a cca unenforceable. It isn't.

 

 

BAE :)

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I can't see anything in the CCA 1974, or 2006, that states this.

 

Indeed, some people have had their fingers burned by suggesting this is a way to prove a cca unenforceable. It isn't.

 

 

BAE :)

 

 

Sorry, did not mean to give any false info,:oops: I thought i had seen it in another post.

 

As with any info I would suggest you double check any info received / given against the rules and regulations.

 

I think if it is stamped by the bank this overrides the sig - sorry once again

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Looks enforceable.


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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