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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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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.

      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
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Whocallsme - The truth and nothing but...


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As some of you may know already, I seem to be hitting a nerve with certain debt collection agencies (ie Lowell) by my posting links to CAG on whocallsme.com.

 

Therefore, it seems the only logical step is - keep making people aware.

 

I've given regular plugs for CAG on my 'dcamaggots' Youtube clips, with some success, but intend to do the same on whocallsme, as I believe that there are still not nearly enough people who know their legal rights are regularly being abused by bailiffs or debt collection agencies.

 

Therefore, it's high time that as many people as possible are made aware of this site and the help it can offer.

 

So, what I'm looking for are as many phone numbers that these companies use as humanly possible. For instance, Lowell mainly use 01133086000, but do use several others. I'm hoping to create CAG links to every single number that is used by a collection agency or bailiff firm. Reasoning for this is because whocallsme appears to be the main site used to check on phone numbers.

 

I'm well aware that there's CAG links on many numbers already.

 

There is nothing malicious or illegal about this - whocallsme is there to inform the public about the companies that use these numbers, and what the public's experience of this company is like.

 

I already have drawn up a short template that I will post on each number, and I think that this is a good way of attracting more profile to CAG and offering support to those who may not already be aware of us already.

 

What does anyone else think?

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If people want to start submitting DCA/bailiff firm phone numbers to this thread, I'll see that each number given has at least one CAG link.

 

The world is becoming more reliant on internet access, and more people are becoming more distrustful of private companies - with good reason.

 

So, many want to check word-of-mouth before having any dealings with a company they've never had any contact with before. And whocallsme is very often used for that purpose.

 

By doing this, and the more numbers I get, I think that companies that use telephone as a medium to threaten and bully - like DCAs or bailiff firms - will eventually find that means of communication to be pretty ineffective if everyone knows who they are and what they do.

 

Even if they change their number, then if this thread is made a sticky, it's only a matter of time before the new number gets disclosed on this thread again and hey presto, the whocallsme entry for that number will have a link to this site also!

 

I think that this idea has the potential of cutting a fair percentage of telephone harassment by companies.

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Another key point I've missed is that I cannot see any feasible way that CAG can lose out with this idea. In fact, it can benefit massively - better yet, there's nothing illegal about it.

 

Anyone suffering telephone harassment from a certain phone number can copy and paste a template onto a whocallsme entry for that number. Or ANY call log site, for that matter.

 

The more people who get to be made aware of this site, the more likely it is that we can help a great many more people than we already are.

 

Then, the more likely it is that donations will be received to keep this site going. Plus, as I mentioned before, using telephone as a medium to convey threats can be cut at a stroke, and will become a markedly less viable tool for such companies that choose to use it.

 

If nothing else, it shows solidarity and a good opportunity to return the favour if you feel that CAG has helped you.

 

Besides, these companies profit from other peoples' lack of awareness as regards where they stand in relation to debt matters. Now, CAG has a golden opportunity to profit from their dishonesty and give some measure of redress to those who've suffered past victimisation.

 

Let's face it - CAG has dented these companies' profits and the threat-spew industry is hurting because of it. Now, there's the potential to increase this and possibly even drive some crooks right out of business - because the government and the law as it stands clearly isn't inclined to do it for us!

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That's exactly what I mean - something like that, but a list that also takes in the numbers of bailiff firms as well as DCAs. That list does look a little short, but that's the kind of thing I mean.

 

Once that list is drawn up, and if constantly kept updated, then template messages can be pasted into each entry that exists for that number, which takes about 20 seconds to do for each number.

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How's this to post as a template in whocallsme (or any phone log site)? Any modifications or suggestions will be taken on board (though I've done a few numbers already).

 

 

"Refer to the Debt Collection forum section on Consumer Action Group for more info on this company and how to turn their threats back on them. It’s a free-of-charge, entirely confidential discussion board, with friendly and non-judgemental advice – not just for dealing with this company, but ANY telephone harassment problem you may be going through, AND information on laws that such companies are supposed to follow.

CAG will also make you aware of any emotional manipulation or fake friendliness trickery that these companies may try on you if they think you’re susceptible to it.

http://www.consumeractiongroup.com/forum/debt-collection-industry/

http://www.consumeractiongroup.com/forum/bailiffs-sheriff-officers/"

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I think I may have already done all of them for Moorcroft already.

 

Yes, the 'valid even if not read by you' line is there also. If there's any I've missed though, you're more than welcome to correct, Fred.

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Post 29 on this thread has the template in bold. Any suggestions or improvements that you feel need to be added/removed, feel free. Had to add the Moorcroft classic line to the end of their numbers, though.

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That's excellent Fred. A general template easily pasted from A to B, accessible to all Caggers should be made available - so if there's a new number comes up, any one of us just paste in with no problem.

 

Not just for whocallsme, but ANY site that allows user comments on certain numbers used by companies - especially those used by companies with a reputation for harassing calls.

 

We're already hated by such companies, for denting their dishonestly-acquired gains. The only intelligent thing to do is to give them another reason to be irritated by us - then they become angry, and then they start acting rash, and that's what'll really trip them up.

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Looks like the collection industry - or someone within it - is getting very irritated with the template. A lot of the templates have been removed from whocallsme. Never fear, they can just as easily be put back on.

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I shouldn't think it has anything to do with links - there are posts pointing to the same that've been there for months. I think that whocallsme removes ANY comment if someone logs it as abuse - regardless of content. In much the same way that Ebay takes an item down if someone reports it for whatever reason (even if that reason is groundless).

 

If that is the case, then whocallsme is forgetting the purpose of its own site - to provide public opinion, which may include links to help websites.

 

But, if comments and links are being taken down because someone within the DCA industry is getting irritated, then I think we've lucked into something. If CAG's mere name is enough to rattle what is a corrupt, unregulated industry, then the industry must really be getting desperate to try and stop more potential Caggers. When it gets as pathetic as them trying to dilute or 'cancel out' public opinion, we're really getting close to the bone as far as they're concerned.

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  • 3 weeks later...

Hmm, notice J2 seem quite hyper-sensitive to criticism, on the 01254 663900 number entry for whocallsme - someone there doesn't like CAG! There seems to be more 'pay up' posts than most on this entry.

 

As the same point is currently being acknowledged on the Guardian article thread, the credit industry has to know that virtually no-one is on their side - it demotivates them some more.

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No, they're not taking posts down. It's that J2's page (which doesn't have that many comments) seems to have a bigger ratio of company employees leaving comments than most.

 

I notice RMA seems particularly sensitive to criticism also. Always the sign of a desperate company when it cannot tolerate any kind of dissenting opinion.

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Looks like they let the crazies at MacKenzie Hall out over today again at the MH whocallsme boards.

 

Shame they're not as persistent at trying to create a halfway lawful company. You'd think they'd have enough problems at the minute.

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Now, on the 10 Downing Street petition thread currently running, which DCAs have a reputation for running credit searches or issuing their own defaults?

 

I ask as I'm going to be advertising that petition on the whocallsme entries for these agencies.

 

I expect that a good number of people who use whocallsme as a reference point have also had wrongful adverse information logged against them.

 

If nothing else, it'll get a few more signatures on the petition.

 

Lowell's whocallsme thread has details of that petition on now.

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  • 2 months later...

Indeed. I wouldn't like to guess how many numbers are on mine.

 

Furthermore, I still say a comprehensive list of phone numbers - every known DCA and bailiff company number - should be published on this site.

 

I think it's an excellent idea for two reasons :-

 

1) We can leave comments on what these companies are like on whocallsme, and other companies.

 

2) Any CAG member with a Truecall system can zap and/or record every single case where such a company tries to contact them.

 

Think about it - if you want to really hit them in their pockets, this is an excellent - and entirely legal - way of doing it.

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Obviously, this 'antagonise the collection agency staff' technique is clearly working. Someone doesn't like the CAG templates idea.

 

Sadly, with the last two, it seems that it's the same person - albeit a very touchy, bordering-on-schizophrenia one at that, who keeps veering between support for CAG and then slating it afterwards.

 

I appear to be annoying him/her/it somewhat by pasting links into CAG. So, I'm duty-bound to do some more.

 

I've said it before on boards - the self-importance and over-inflated sense of self-worth of collection agency staff never ceases to amaze me.

 

Most workers wouldn't be bothered either way if they overheard the company they work for being slagged off - ah, but not DCA staff!

 

With the exception of a couple of posts on the Lowell thread, my posts are A Non E Mouse.

 

I've been trying to persuade the person to take his issues to this site if he's a user as he claims, and up to this point, that's not happened.

 

08451550454 - who calls me from 08451550454?

01133086000 - who calls me from 01133086000? 1/23

01244500607 - who calls me from 01244500607? 1/3

 

So, if you'd like to indulge in some troll-baiting to pass the time, here's a good chance...

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