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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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Advice needed PLEASE!Harrasment over a mobile phone debt thats NOT mine.


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I never provided anybody with account details in relation to my parter or myself when asking for a subject acess request. No other company that l asked for the info from had a problem with it.

 

I would write back to the data protection officer advisng you cant provide a account number or mobile number for this because O2 or there collecters have never given you a number but the phone was allegedly in your name and as result from that the name and address you should be able to provide me all information you have in relation to this debt.

 

Also just looking at the ICO website there is nothing there to say you have to give a acc number to the company.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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oh deffo remind them

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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There was an e-mail address for the data controller at O2, so I emailed him today and gave the ref number which was quoted on the Fredricksons letter.....and he has emailed back saying he has now found some details on that account and if I return the letter and payment, he will send out the details.

Will post tomorrow....and email him back to say its been sent and could he deal with it ASAP, as clock ticking.....

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  • 4 weeks later...

Hi all.....its been a month since my last post....and hooray it arrived today...the SAR from O2.

As you know the account was opened in my daughters name....using her drivers licence as ID and her address.....there isnt an awful lot of info, just a few pages but it does show transcripts of calls ... "customer phoned to say HE wanted to change HIS tariff".....and "HE called to add international calls to HIS bundle".....all the calls to customer service are by HIM, they do not have any signed agreement as I said before, this has been confirmed.

There has been no more correspondance from the debt collecton agencies or solicitors.

And I have waited for over 2 months for the SAR as you know , because the first time I sent off for it they couldnt find any details because I hadnt given them the mobile phone number , so I had to resend quoting a ref no on the debt collection letter.

So, time to get this sorted once and for all.

Helios, thanks for the link above.:)

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Hmmm so there is no eveindece the account is hers and everything says him.

 

They could argue its a error but if there is more than one error than l would say they are in the wrong.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 1 month later...

Its been a few weeks since my last post.....its been a busy time, been away on holiday, then sadly lost a close family member suddenly and lots going on in general so this has all been on a back burner for a few weeks since recieving the SAR and Freds saying they were no longer persuing the matter.

Then today a new letter with the threat of a doorstep visit ( just what we needed after a family funeral....)...the letter is headed Meritforce Doorstep Collection Agents, who say they are collecting on behalf of MacKenzie Hall Limited....and "someone will be calling around to pay me a visit in the next 10 days , unless a payment is made before 23rd August".

 

Just an update as to where I stand with all this at the mo....

After getting the SAR.....which refers to HIM constantly...and HIS contract.

 

I also reported Freds to the ICO for sending me someone elses details just as Cerberusalert told me to, and they are writing to them about the breach.

 

I contacted the Chief Exec. of O2 as was advised to do and I have actually had a reply not directly from him but from his office and they have asked for a contact number and convenient time to call me to discuss the matter, they added they would do all they can to help ( I very much hope so).....I have now given the contact details and expect a call tomorrow........any thoughts on how I should handle this?

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I am so sorry to hear of your loss, and it is only right that you have been able to put things in their persective and prioity.

 

Debts in relation to a family tradegy or loss most certainly are put on the back burners, and even afterards they can remain there, unless they are debt which could land you in jail.

 

As for your current progress, yes granted the CEO won't get involved directly with your dispute, but the sheer fact that you have contacted him will have this irritation sorted sooner than later, I thoroughly recommend speaking to them and explaining your position to them, they should be able to stamp out the inept and unneducated collection team.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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On anotherthread it suggests charging these idiots £39 (which the banks etc. seem to think is fair) for every time you have to be involved to sort out THEIR mess. I know you will want to get this resolved PDQ since it is your daughter who is being wrongly accused and thus not want anything to delay this. However, if it continues you should respond to the next contact by telling them you will charge them £39 for each and every time you have to respond to their unsolicited contact - with charges backdated to the first instance when you had tpo get involved.

 

According to others they will ignore these charges - but if you go contact the CEO once it's over wth an invoice he might pa up. Alternatively you should go down the Small Claims route. They will pay rather than risk losing in court and getting the publicity which could set may others along the same route.

 

Good luck

 

BD

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  • 4 weeks later...

Hi all,

Just keeping you all up to date on the story so far....

Had a letter back from 02 saying they can now confirm after investigating that

my daughter has been a victim of fraud and they have now closed the account.

They say they have disassosciated her from it and informed the CRA to remove

any details on it and any related info.

We have checked her credit report today and it is still on there at the moment but we

were told it could take a further 21 days for this to happen.

 

We are relieved at this outcome....but we are thinking of going back to them now and

asking if they are prepared to offer some compensation.

 

This sorry saga has been ongoing for 4 years, with ALOT of harrassment from DCA's over

this time by letter and phone.

She has been refused credit on a number of ocassions due to this (probably about 5/6 times

maybe even more)

Any one got any tips on how to ask and what I should be asking for?

As I have never done this before and dont want to look stupid.

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J

 

She could certainly ask first - but she would need to know what was reasonable as they will try to palm her off with just a few pounds. I think it also depends on how much ammo you have.

 

From the little I know of these DCA's they would probably not want to pay out anything worthwhile until they see they have no options - i.e. getting court papers from you.

 

Gathering your ammo:

 

1. Do you have any PROOF of her being refused other credit due to this?

2. Is this the only blackspot in her credit files?

3. Do you have records of the harassment from the OC and DCA's (letters or notes of phone calls etc.)

 

If so (even YES to 1 and 2 ) then you can go after them - but no idea how much you could get.

 

In Pink69's Invalid Default Notices thread I recollect a figure of £1000 being mentioned for "damages due to unlawful rrescission". I would say this is worth MUCH more.

 

It might be worth looking at the legal threads. I've never been able to claim my file should have been squeaky clean so I have no experience in this area - but "common sense" (which sadly doesn't often go hand in hand with legal "justice") would say you should be well compensated for your stress AND time.

 

Good luck!

 

BD

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There is plenty of legal case evidence to support her claim & the average compensation is £1K per default erroneously entered, but substantially more in damages have been awarded depending on the length of time and the consequences of the wrongfully entered defaults.

 

Both the ICO & the FOS have the powers to award compensation.

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I think most of the credit applications were refused verbally dont know if she had anything

in writing or how she would prove it,ie whether each company holds a record.

Yes kept LOADS of the letters from LOTS of DCAs chasing same debt.

Yes, have solcitors letters.

Have not recorded all the telephone calls though, we just ignored them after a while...stopped

answering them as it was just too stressful.

And Yes, the ONLY thing on her file that would have been to blame....an otherwise excellent record.

A young girl in full time employment with ample dispoable income, bills paid on time etc.

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I believe an FOS decison would be binding on the OC - but not on your daughter. So if she liked what FOS said she could settle for that. If not then court would still be an option.

 

If you want to go the FOS (possibly lower stress?) way before or instead of court then it would certainly be worth writing to the OC first asking them to pay compensation (no figure mentioned by you) - and telling them if they don't cough up you'll go through FOS.

 

Whatever they come back with, you could add at least £500 to it as a counter offer - as it will cost them at least £450-500 to be referred to FOS - plus loads of hassle. The letters etc. you have provide ample proof of harassment and your daughter's otherwise excellent credit file justifies your claim that the OC alone damaged her credit file unjustly.

 

You need to monitor to check exactly how long they take with your daughter's credit file to get ALL adverse items now removed. Any undue delay can add to your claim and to your justification to go to FOS.

 

Good luck!

 

BD

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This is a case where £1K was awarded for a wrongfully entered default Kpohraror v Woolwich Building Society (1996) 4 All ER 119).

 

As for proving that she'd been damaged, a copy of her credit file will show any searches made by companies she'd applied for credit from.

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