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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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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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