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    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
    • Hi,   I am not sure if I posted this already here but I don't think I did. I attach a judgement that raises very interesting points IMO. Essentially EVRi did their usual non attendance that we normally see, however the judge (for the first time I've seen in these threads) dismissed the notice and awarded me judgement by default because their notice misses the "confirmation of compliance" paragraph. in and out in 3 minutes (aside from the chat at the end with the judge about his problems with evri) Redacted - evri CPR loss.pdf
    • Just to update this. I did apply to strikeout and they did not attend the hearing. I won by defualt and the hearing lasted 5 minutes (court only allocated 15). The judge simply explained that the only matter he was really considering is if the Defendant could have any oral evidence to defend the claim. However he said he had decided that based on their defence, and their misunderstanding of law, and their non attendence he did not think they had any reasonsable chance so he awarded me SJ + Costs on the claim form + the strikeout fee. Luckily when I sent the defendant the order I woke up the next day to a wire trasnfer for the full sum of the judgement
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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m111ked
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hi All, I have just joined the forum after visiting other money related websites which recommend this site. I have a number of credit cards which I have had for a number of years and have maintained the payments in good but not absolutely perfect order. as the APR's continue to rise, I feel that the chances of paying them off is being taken further away, especially with all the take-overs with goldfish and MSDW. so I sent a CCA request to one of my creditors to see what response i got...

I have received a response (within the due period), and a copy of a signed application form which I completed in September 1999, it does bear the words: 'credit agreement regulated by the consumer credit act 1974' across the top.

my questions are: how to check whether this is an enforceable agreement?

is there a place on the net with the important criteria listed?

where do I go next?

thanks everybody and good luck, I have spent hours reading your other threads today.

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Hi m111ked,

 

Welcome to CAG. If you have access to a scanner you can scan the CCA you have received and post it on your thread (using Photobucket). Ensure to remove any information that will identify you as the 'owner' of the agreement. This helps you to keep your anonimity and prevent other 'unscrupulous' parties that view CAG from identfying you.

 

Once you have done this, someone who is 'up to scratch' on enforceable agreements will view it and comment on it for you.

 

Hope this helps:).

 

Costa

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Well there is your first indication that all is not as it should be - it should read "Credit Card Agreement", not "Credit Agreement." To get advice on their enforceability, scan them on to here as advised, covering over your personal details, and start a new thread for each agreement so it doesn't get confusing.

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Well there is your first indication that all is not as it should be - it should read "Credit Card Agreement", not "Credit Agreement." To get advice on their enforceability, scan them on to here as advised, covering over your personal details, and start a new thread for each agreement so it doesn't get confusing.

 

 

This is misleading - such agreements are credit agreements whether the credit is made avalable with a credit card or otherwise. There is no mileage at all in pursuing this line of thought.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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I said that was an indication that all might not be right with the agreement - not that that was the be all and end all of an agreement and that the poster should scan the agreement for advice. I am not that stupid. Read posts properly before you pick meaning up that isn't there and was never intended.

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Thank you for your advice, I've done as you suggested, scanned my credit agreement and attached to this email, if anyone has the knowledge to comment on the validity of this credit agreement signed in 1999. It would be appreciated. Subsequent to receving this old cca I have now had a further letter from the card provider and attached to it a copy of current terms and conditions, is this further evidence that they don't hold a current cca?:confused:

cca2.jpg

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