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    • I’ve heard recently that IDRWW and Mr Coyle are at it again !!!! Maybe another email to the SRA and The FCA is needed!    when are they going to stop abusing and harassing when they don’t even own the debt 
    • Same issues as : also spent ££ to have mechanical failures fixed   will have a read
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    • Hi,     I'm in the process of voluntary termination of my moneybarn agreement, in accordance with secion 99(1) of the Consumer Credit Act 1974. I have returned the vehicle, it was collected by a 3rd party on behalf of MB, in driveable condition with fear wear and tear condition.  Their report states that the condition was "Average" (The options were Good, Average and Poor). I have paid more than 50% and recently, before starting the VT process spent £700 to make sure car is roadworthy (gearbox repairs). I am £880 over the 50% mark. Today I've received final billing letter estimating body repairs at over £1,300 (the bodywork is fine - peeling lacquer and alloy wheels would need refurb though). I've purchased the car at 7 years old with over 80k miles, through National Car Credit (pretty sure I've seen another topic on here about them). The car is now more than 10 years old, and I did take pictures + videos of the car before it was collected.   Now. I've had a payment holiday through April and May (which I don't dispute and will willingly cover the amount that they're asking for this payment holiday term) But however I'm not okay with covering the bodywork repairs for a car that is over 10 years old and wasn't excellent condition the day I've purchased it. It came with no service history book and only one key (on my own expense I've purchased another one and had it programmed)   No arrears on the account, no missed payments (just 2 month agreed payment holiday - between myself and MB) which I'm okay to cover. Given the car back in drive-able condition (it was very noisy the week before it was collected, hence why I've spent money on repairs) half of tank of petrol, kept tax up to the day it was collected.   Advice would be appreciated, thank you.   dx: I can't pm you as I haven't got enough posts on here, but if you'd like more details and see what has been sent and see the responses please PM me.     Thanks.
    • I am not a lawyer but I definitely think you are correct.   You will need evidence that Fast Track was not available on your way out - "Unknown reasons" sounds ominous. Do you have pictures/videos/written records to prove it?   Ryanair website states they are not responsible for you missing your flight as a result of fast track, but it doesn't say anything about not being responsible for the product they sold you not being available. Have you tried asking for a refund already?   Either way they sold you something that they did not provide - I don't see how this can be legal - and hopefully you should be able to prove it. Get written evidence that they refused to refund you (if you don't have it already) and take it straight to your card provider. (by many accounts it seems pointless to try and negotiate with Ryanair)
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
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As suggested by Iamma (thank you) here is my post from the parking thread:

 

Hello, this is my first post please be gentle!

 

On the 22nd of October last year I parked overnight on a road with a single yellow line in Salford, and went to move my car before 8am the next day. I got to my car at about 5 minutes to 8 and there was a pcnlink3.gif on my car. It said that the car had been observed from 8:00am until 8:00am (they'd put the ticket on before 8am!!) I telephoned the council who said to wait for a letter in the post to contest it.

So when I got a NtO in the post, I duly responded saying that the ticket had been put on my car before 8am, and that if they reviewed the CCTV for the area they would see for themselves. I know that they have comprehensive CCTV in the area as my car was broken into twice on the same road and they convicted the guy that did it based on DNA and CCTV evidence!

 

I didn't hear anything else about it until this morning...

when I drove into my drive, and went into my house. I went back out after a few minutes to put my new tax disc on, to discover a CLAMP on my wheel, on the driveway! A lady got out of a car across the road and asked if I was [my name], I immediately said no, who wants to know. She showed me ID and said she was from Marston Group, that they had a warrant to cease my vehicle if I didn't pay the fine of £368.66 on the spot. She telephoned the recovery tow people in front of me and they said they would be arriving within the hour. I panicked (had my car towed twice before and it's a horrible experience) and called my mum who came and paid the fine, before they would remove the clamp.

The 'enforcement officerlink3.gif' did not have any documentation with her, but said I should have received letters in the post from both Salford City Council and themselves.

I have not received any letters! I genuinely thought my reply to the original NtO had put an end to the matter.

 

My questions are:

 

  • was she able to trespass onto private property and clamp my car? She said she had permission from the Court but didn't have a copy with her.
  • is the £368.66 legal? This was the first visit they had made (she said a letter had preceded her visit which I never received)
  • was the original PCN legal if they issued it before 8am? Do they have a minimum observation period? (If not why is it on the PCN in the first place)
  • how do I go about getting my money back and proving I haven't done anything wrong? :Cry:

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My questions are:

 

  • was she able to trespass onto private property and clamp my car? She said she had permission from the Court but didn't have a copy with her.

If she holds a valid certificate, then yes she can enter your property without permission. Section 78(7) of the Road Traffic Act 1991 says a bailiff enforcing unpaid parking tickets must hold a bailiffs certificate and failure to do so commits trespass. You can check a bailiffs certifiicate online and entering their name here : Certificated Bailiff

 

 

 

 

  • is the £368.66 legal? This was the first visit they had made (she said a letter had preceded her visit which I never received)

Bailiffs cannot charge a fee to fix a clamp to a motor vehicle because there is no actual costs or expenses involved and the bailiff cannot shot it is reasonable costs: Case No 8CL51015 - Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). Before District Judge Advent 9th & 24th September 2008.

 

The law says the bailiffs fee for collecting unpaid tickets is 28% of the amount you are fined. The law does provide a letter fee of £11.20 (check, it might have gone up) but if you didnt receive one then you dont have to pay it. Ask for evidence the letter was received by you at your correct address.

 

 

 

 

  • was the original PCN legal if they issued it before 8am? Do they have a minimum observation period? (If not why is it on the PCN in the first place)

Not sure, someone else might know.

 

 

 

 

  • how do I go about getting my money back and proving I haven't done anything wrong? :Cry:

 

Just reclaim it through the small claims court. Naming the instructing council as your defendant and quote the case mentioned above in your claim particulars. Remember to claim interest at 8% a year to the money you have paid.

 

Post in the Legal section of this forum for help in preparing your Particulars of claim.

 

Your post says you didnt know anyting about this until bailiffs turned up, if the council has been sending documents to the wrong address then no bailifs fees are payable, you can ask the council the penalty be rolled back to the original fine and then you can apeal against it if you think you have grounds. Contact the Local Government Ombudsman if the council does not cooperate with you on this matter.

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You need to SAR the council, some charge for this some dont.

I would take photos of the site you were parked at, take a photo copy of the ticket to show it was issued before 8am. Ask why you have not been given the chance to appeal after you had written to them with regards to this complaint.

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