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    • Hello and welcome to CAG.   Here's a link to ACAS that should answer your contract questions. If you look around their site, you should find information about some of your other questions.   https://www.acas.org.uk/employment-contracts   I expect people will be along later with more answers.   Best, HB
    • I have added their poc in your above post for clarity.   you need to address para 3.    bump point 3 forward down 1 number and add in:   3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor .    if mcol is still flaky ….   MCOL is only one way of responding to a claim.  . If you are having problems logging in, or would prefer not to use MCOL,  you can fax, email or post your response to the Court instead.  If you send your response by e mail  please send it to ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim defence response” and quote the claim number in the subject field.  . neither by email nor MCOL do you need to inc I confirm that the above facts and statements are true to the best of my knowledge and recollection.
    • you should have done the pictures weeks ago not leave it till 1 min before you need to file a defence. you've been here +6yrs and have numerous court threads and numerous private parking ticket threads  but somehow always seem to screw up one way or anther..   if you look on google earth street view you can see the cameras and the entrance/exit layout which matches the photos from that link I gave you and your upload which I've now redacted properly now .   POC   1.Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019.   2.The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract).    3.ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period.   4.Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach.   5.As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)).   defence:   1. i am the registered keeper of the car Reg No. xxxxxx mentioned in the claimants claim.   2. the defendant denies that any monies are due to the claimant because there was no breach of contract to create a cause for action.   3. The claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied.   4.The defendant denies exceeding any free parking time in addition to said grace period as neither the land owner who may have employed the claimant to manage parking with a current paid for contract covering the date of the overstay nor the claimant have any legal authority to vary any free parking period granted by the relevant council upon issuing the original planning consent for the entire walkden retail park.    needs firming up people...   you can file by email if MCOL is playing up still though from research today 99'9% of all PPC claimforms are being postponed for many months by all courts now,      
    • OK, excellent, please take pix both of KFC signs and also the signs in the surrounding car park, as I reckon that KFC has unilaterally tied to change the permitted parking time in their bit of the whole car park.   Also park in the main car park, not KFC, as I've read reports of invoices being issued for motorists who have parked in the KPC bit even if it's closed at the moment!!!   Could you reply to what I asked in post 57 please?  If you don't reply, it's difficult to give appropriate advice.        
    • I’ll get a picture of the signs tomorrow and see where I get ringing the council about the planning. Also how long do I have to get the defence in? I know you said I will have leeway but I can’t have that much.    Thanks  Andrew 
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just_jue

Welcome insurances, Gardx and VT

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Thanks for that it was interesting reading

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Here is the letter I have drafted for my reply to the FOS, if someone could look over it and let me know your thoughts.

The original post I posted regarding this is: Error on paper work - missing deposit . If you need some more info.::

 

Thank you for your letter dated February 2010, after review your findings I have to disagree with some of your replies.

 

First off I am bemused regarding your comments regarding the missing deposit on the second agreement. It clearly states that to Voluntary Terminate an agreement you must have paid at least 50% of the amount which includes any late payments and deposit, so for you to say that the deposit is not important is wrong.

 

One of my issues was regarding the GARDX insurance which was already on the agreement which we had no option but to take, as this was an option we should have a chance not to take this. After reading your findings you have not commented regarding this.

 

By the time I resigned the new agreement I had already made two payments (which included 2 months interest), with Welcome putting the amount back to the original amount means I will have paid more interest to the amount of £54.72.

 

This agreement was a fixed amount agreement over 48 months; on my agreement it clearly states that the total amount payable is £12,507.90. I have two statements from Welcome which both state opening balance of £12,805.90. I know this works itself out later on this is wrong.

 

As of today Welcome still haven’t changed my credit file which they said they would in their original letter dated 2009. I am awaiting a copy which will sent on to you.

 

JJ

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sounds clear and concise to me :)


I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Thank you, lets see what they make of that.

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Sent my hp to them today they gonna be busy bees for sure ;) Ive also made a big deal about comission ;)


I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Hi, I have found out about broker fees on another agreement (which I didn't know about), Post was going to do a letter for me but I know he has been busy and hasn't got back to me, so lots going on at the mo.

 

JJ

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ooo all the more fuel for the fire be interesting to see what fos say about the broker sheets I dont think they will do much with it with mine as I dont have a comission sheet of my own so to speak just an example of one from essexboy


I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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I have had a confirmation letter from the FOS that they have my complaint letter, another thing I have noticed is I have found the GARDX certificate now in small letters at the bottom it states that if we don't register with them within 1 month that the cover is invalid, so we are paying £299 plus interest for something we can't use. Nothing was explained to us when we took out the agreement, is this worth stating as well?

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Hi, like others I have GARDX sold to me when I brought my car from Welcome at £299. Due to errors in my paperwork I have been fighting Welcome with the FOS (and not getting far). One of my complaints was the GARDX which was already filled out on the paperwork and we had no option on.

Since look through all the original paperwork I have I found the GARDX document. On it states that we must register within 1 month with GARDX, I wasn't told I had to do anything (so does this mean it is null n void)?

Also it clearly states that it is a warranty document, and my way of thinking you can cancel a warranty at any time, so shouldn't have been sold as a 'extra' but as another insurance?

I was going to let the FOS know of my feelings but I thought I would ask others what they thought first.

 

Thanks

 

JJ

 

Any suggestions please

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Hi everyone, regular followers my have read my earlier post regarding my battle with Welcome which is with the fos at the moment.

 

One of my arguments is the GARDX Paint protection. To start with anyone who brought it had no option to cancel it, most of the time it wasn't registered with GARDX themselves and would need to be paid for year after year to be valid (even though you are paying the original through your finance agrement).

 

On the GARDX paperwork it clearly states WARRANTY, so like the PPI and breakdown warranty we should have the option to cancel.

 

I know that essexboy had complained to Trading Standards about this issue and would like to see how other people have got on regarding complaining.

 

Any thoughts or ideas would be much appreciated

 

 

JJ

 

Anyone?

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Hi Just Jue

 

On The Welcome Agreement, How Is Gardex Listed

 

Is It Included Under Warranty Or In The Price Of The Vehicle, Or Kept Seperate On The Agreement

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Hi, it is under extras, but already on the agreement no option to take it off.

 

JJ

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Give Me A Link To The Agreement Please

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Can You Point Where Gardex Is On The Agreement

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Thats The Credit Agreement

 

The Figures Dont Add Up Either

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The GARDX isn't on the credit agreement just on the receipt.

What doesn't match up on the agreement (is it to do with no deposit showing)?

As when I first took out the agreement it had their lovely insurance which I cancelled due to the expense.

I did complain to the FOS about no deposit showing on the 'revised' agreement but the FOS said it didn't matter.

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Bingo

 

Agreement Is Totally Unenforceable:grin::grin::grin::grin:

 

DID YOU DO A RE-WRITE ON A NEW AGREEMENT

 

PLEASE SAY NO

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Gardx is on the agreement its next to the car where your swirl is to blank out details you can see incl GX thats the Gardx

 

they write it into the cash price of the car


I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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They Cant Write It into The Cost Of The Car

 

Its An Extra Option

 

The Amount Of Credit Is The Car

 

Its Like Adding The Car And Ppi Together To Become The Amount Of Credit. Not Total Amount

 

amount Of Credit Misstated--game Over

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I See The Gx Now

 

Thanks Beyond

 

Just Ju

 

Can I See The Agreement Please Without The Swirl

 

Realy Need To See This

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its exactly the same as every other agreement ive seen the gx is printed on there as incl gx next to the car before any figures are even added in!


I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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someone, maybe essexboy has a copy of a commission sheet that states to add the gx into the cash price...


I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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WELL THE AGREEMENT IS HISTORY THEN IF ITS ADDED TO THE COST OF THE CAR

 

I REPEAT

 

IT HAS TO BE KEPT SEPERATE

 

BEYOND

 

TELL ME

 

IS THE COST OF THE GARDEX KEPT SEPERATE (cost price listed) then added to the cost of the car or is the amount of credit the car and gardex combined to become the amount of credit

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on every hp agreement i have seen the only mention of gx is where it says incl gx by the car details......im sure it was essexboy had a commission sheet that said add £299 into cash price for car for gx other than that there is nothing listing it seperately


I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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