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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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Welcome - illegal repo in contravention of section 92 and unfair relationship ** WON **


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Welcome Financial Services

Compliance

Ruddington Fields Business Park

Ruddington

Nottingham

Ng11 Gnz

 

Date

 

Agreement Number

 

unlawful Repossession

fourteen Day Letter Before Action

 

As You Are Aware, Welcome Financial Services Repossessed My Vehicle On Xyz.

 

I Consider This An Illegal Reposession Under S.90 Of The Consumer Credit Act 1974 And As Such My Contract With You Has Now Been Terminated.

 

This Letter Is To Give Your Company An Oppertunity To Explain Its Actions In This Matter And To Give A Final Response. If No Response Is Received After Fourteen Days From Receipt, An Application Will Be Submitted To The Court For The Return All All Monies Paid To Welcome Financial Services And A Replacement Vehicle Of Similar Age And Condition.

 

I Require By Return A Copy Of Any Default And Termination Notice As Well As Any Repossesion Notice With A Copy Of Any Court Order For The Return Of The Vehicle.

 

An Agreement Modifying A Hire Purchase Agreement

 

After Having An Audit On My Agreement, Major Discrepencies Has Developed For Which An Explanation Is Required.

 

Amount Of Credit (goods) £4625.81. Add To That Acceptance Fee Of £195 Gives An Amount Of Credit Of £ 4820.81. Now The Interest On That At 8.9% Over Seventy Two Months Gives A Total Of £ 1359.66

 

Now Add Interest Of £1359.66 With Amount Of Credit Of £4625.81,

Gives A Total Repayable Of £ 6180.47

 

Now Put That Figures Over Seventy Two Months Works Out At £85.83 Per Month.

 

Not The £ 95.08 Stated On The Agreement, An Error Of £9.25 Per Month.

I Have Not Included The Option Fee Being It’s A Charge For Credit And Is Only Payable With The Last Instalment, But Even If Included In Error, Has Little Impact On The Figures.

 

The Acceptable Variance On The Apr Is 1% Above And 0.5% Below So I Consider This Agreement Unenforceable In Law.

 

I Await Your Response

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It may be by the by but if I owe them £665 less than what it says on the agreement then that officially puts me over the third, although I'm not sure what difference this would make to an already unenforceable agreement!!

 

I have absolutely no problem with putting in a court claim, I'm fairly certain I don't have to pay court fees being that we receive Income support so I've got nothing to lose.

Thanks again x x x

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hi wannabe

 

really glad to see you're getting some expert help with this. Looks like there's more to it than just an illegal reposession. Dodgy agreements is something I don't know an awful lot about.

 

Will be following your thread with interest.

 

Makes me think I need to look over my old welcome agreements!!:D

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The lovely sergeant refused to investigate my complaint so it looks like the IPCC will be hearing from me very soon. He admitted not knowing the laws with regard what was lawful or not in that situation but still maintained he would not investigate.

He even bought the attending officer to my door with him! I wanted to make a complaint about someone so he felt it a good idea to bring him with him?! If I was making a report of an attack, would he have brought my attacker to the door too?? Apologise he did, substantially unsatisfied I am!

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The lovely sergeant refused to investigate my complaint so it looks like the IPCC will be hearing from me very soon. He admitted not knowing the laws with regard what was lawful or not in that situation (NO EXCUSE) but still maintained he would not investigate.

He even bought the attending officer to my door with him! I wanted to make a complaint about someone so he felt it a good idea to bring him with him?!(INTIMIDATION) If I was making a report of an attack, would he have brought my attacker to the door too?? Apologise he did, substantially unsatisfied I am!

 

make sure you add the (INTIMIDATION) to the IPCC complaint

 

cab

 

 

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Thank you I most certainly will! He offered me the option of letting them deal with my complaint about his attitude "locally", I asked him what the IPCC would do if I reported it to them and he said they'd refer back to them to be dealt with locally. So I said oh well I've got nothing to lose then, IPCC it is!

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You might also want to do a bit of digging around your local force and find the contact details of thier professional standards dept.

A two pronged approach will get some reaction, copy the IPCC letter to the professional standards dep't and watch the sudden flurry of activity.

They will do thier best to go for "local resolution", it looks better on thier statistics, whether you choose to accept that is of course entirely a matter for you.

I know what i would do.

Light blue touch paper and retreat a safe distance and wait for the pretty fireworks.

I love the smell of banks coughing up refunds early in the morning

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You might also want to do a bit of digging around your local force and find the contact details of thier professional standards dept.

A two pronged approach will get some reaction, copy the IPCC letter to the professional standards dep't and watch the sudden flurry of activity.

They will do thier best to go for "local resolution", it looks better on thier statistics, whether you choose to accept that is of course entirely a matter for you.

I know what i would do.

Light blue touch paper and retreat a safe distance and wait for the pretty fireworks.

 

I'm in no mood to 'settle' for anything! Bring on the touch paper!

I've been looking up the details of the IPCC and what they can do. You can make a complaint online and luckily, thanks to my CAG online journal, every detail of what happened is logged and date and time stamped!

It seems part of their procedure is to refer the complaint to the Professional Standards Department as a matter of course so I don't think I will have to make a separate complaint :)

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Good luck wannabe

a similar thing happened to my brother, unfortunately he gave up at the first hurdle

 

all the best

 

Leakie

 

I'm sorry for what happened to your brother, trust me I know how bad it feels. But you know what they say; "Don't get mad, get even!"

I've got nothing to lose anymore and everyday I wake up with a renewed conviction to make every one of the involved parties pay substantially for their part in this farce. If my actions can prevent this atrocity happening to someone else then I will not give up! ;)

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Before sending off the letter I wanted to make absolutely sure everything was watertight, I've come across a problem :(

 

On the agreement it states the rate of interest as 7% but APR at 8.9%

 

When working out the interest based on the 7% over 6 years it works out to £2024 which is what is stated on my agreement.

 

I don't know how all of this is supposed to be worked out, please someone help!!!

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