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    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
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Reclaiming ppi, interest question


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Hi,

 

This loan has been repaid in full but I was wanting to reclaim the ppi I paid on it as it was mis-sold

 

Loan 4000

ppi 1226

Interest 2236

Total to repay 7462

 

I paid it over 48 mths at 155.46 per month.

 

I don't know how much of this interest (2236) was paid to the loan and how much was paid to the ppi, does anybody know an easy way for me to work it out please?

 

Thanks

Sjay

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Hi,

 

This loan has been repaid in full but I was wanting to reclaim the ppi I paid on it as it was mis-sold

 

Loan 4000

ppi 1226

Interest 2236

Total to repay 7462

 

I paid it over 48 mths at 155.46 per month.

 

I don't know how much of this interest (2236) was paid to the loan and how much was paid to the ppi, does anybody know an easy way for me to work it out please?

 

Thanks

Sjay

 

I cannot help you out here if you make a claim via the Financial Ombudsman Service they will use a formula to calculate what you are due in a refund. You should be able to claim the PPI added to the loan including the interest but you will not be able to claim any compound interest over the loan period only the initial interest added to the PPI at the beginning of the loan. You should however claim the statutory interest at 8% on each and every payment made from the date the payment was made each month until such time as a settlement is agreed via the FOS. I hope this helps. It seems to be a bee in the bonnet but you will not be able to claim the contractual interest rate on any PPI you have paid.

 

good luck

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Hi aa, thanks

 

Am I right in thinking I have to put a claim into the loan company first before I would go to the FOS?

 

If so, just wondering what my initial claim would be for then. Since my ppi was 1226 paid over 48 months, would I claim back £25.54 per month + 8% for each monthly payment?

 

Thanks

Sjay

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Hi,

 

I think now I should be reclaiming my ppi + the interest paid on the ppi + 8% Stat Interest.

 

I'm just not sure how to work out the interest paid on the ppi only. My loan application gives a total value for interest (2236) but this is for the loan & the ppi.

 

Any ideas?

 

Thanks

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Sjay

 

Don't worry too much about putting figures in your complaint letter. just get it off to the institution concerned and then wait (you have to give them 8 weeks to repsond before you can go to the FOS). You can always ask for a breakdown from the bank/loan company when you get a refund and then post the numbers on the forum here for someone to check!

 

Good luck!

 

PS there is now a questionnaire on the FOS website to send to the company concerned instead of a letter and then if your claim goes to the FOS, you use the same questionnaire to send to the FOS.

 

Good luck!

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