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    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
    • My expectation was their WS would include the best paperwork, like at least true copies of originals, but these just look wrong somehow, perhaps the font and size of font... Not sending me the DN in CCA request but producing it for evidence I would argue could be a tactic used by them... - Page 11 with ticks - there is no reference to IP addresses - Home addresses are correct for dates in documents   Just looking up example Defendant WS's while awaiting your thoughts on this
    • Hello lovely, just posting to check in to see how you are feeling now? Hopefully your feeling better? 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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unknown RWay CCJ for Cap1 card at old Address - already paid NCO!! **SET ASIDE**


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Interesting they got a ccj for a non existant debt.

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OFT debt collection guidance

 

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

 

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Yes i know that but the debt was non existant as the OP has said the debt was paid of to NCO which he has a letter to confirm this. SO in theroy the debt does not exist.

 

See post 14.

OFT debt collection guidance

 

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

 

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For 1 it does not cost you £75 for the legal paperwork to have this set aside that was a lie. the documents are widely available on line for you to see and fill in.

 

It WILL cost you £75 for this to be put in front of a judge and a judge to make a decision. The difference there is if you are on benefits then as result the fee will be waived once the appropriate forms are filled out and proof is made available for them to see.

 

I would write to Horwich family demanding proof of the CCJ and asking who the original creditor was Not as in robinson way but as in the real original credit, capital one, also make all the inquirys you can without saying to much like you have not lived there or that the debt was paid to another 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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Also maybe a SAR to NCO aswell just to see what is going on.

 

Either NCO or RW/HF have/are attempting to gain money buy deception which is fraud and a case against them can be brought buy you.

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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No it wont as its a bank holiday its the 31st August.

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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I only noticed that it was a bank holiday as the bank told me.

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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  • 3 weeks later...

itsd also against the OFT guidelines on debt recovery. I would advise that a complaint is made to the OFT in relation to all 3 companys.

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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  • 2 weeks later...
Hello everyone

 

Well I finally received my long awaited SAR reply from Robinson Way and it is ..............pathetic. It is 8 pages long (one of which is a covering letter). 4 pages are a "narrative listing for specific customer" which is all written in abbreviations and codes making it very difficult to understand, and the final 3 pages are copies of 3 emails sent from R Way to Capital One between 29th and 30th April 2010. The names of the people in the emails have been blacked out due to "third party data" (is that allowed in a SAR??).

 

The first thing of note that jumps to mind is where are all the copies of the letters that they allegedly sent to my previous address advising me that they were now the owners of the debt, and that if I didn't pay then they would take me to court? Either they didn't send them in the first place, making the CCJ illegal, or they have failed to include them in the SAR, also illegal. There is no copy of the CCA either.

 

One of the email replies from Capital One to Robinson Way does state the following "all the payments have come via NCO. they've (sic) all been labelled with the correct ref# etc so i'd be positively flabbergasted if the money has nt (sic) originated from him. it (sic) was~£50 per month being paid direct to us then switched to coming from NCO May 08. no (sic) idea why. it (sic) was placed with nco jun05-sept06 (sic)"

 

Apart from condradicting themselves (ALL the payments from NCO, then "being paid direct to us then SWITCHED to NCO"), this is untrue. I have only, as stated so many times on this thread, paid NCO.

This is also the first time Capital One have acknowledged NCO. In their SAR response they were not mentioned once.

 

And that, people, is basically it. Any advice for my next move? Do I now gather all my information and seek help from a sollicitor? is it really starting to look like Capital One are the root cause of all these problems? Have Robinson Way deliberately left out chunks of information to hinder my own investigation?

 

Your thoughts and advice, as always, much appreciated.

 

Jossy

 

I would write back asking for ALL the information they hold on you. Reminding them that the Information Commissioners office will be recieving a complaint from you if they do not supply.

 

Ask them where the letters sent to your previous address are and where the CCA, Dn and other stuff is.

 

Also put in this letter if you cant supply this the please could you advise why they lied to you about sending all this info in the first place.

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...
I am in a similar position with Rob-U-Sum-Way I have an outstanding complaint with the ICO.

The ICO issue the complainant with a reference number, which only the ICO and the complainant know.

I would like to ask the site administrators, would it be possible to create a list of ICO complaint reference numbers, which any future victims may quote in their correspondence to the ICO?

As no names will be quoted, would this be acceptable?

As the list grows it may also apply some pressure to the other regulators.

Why not roll this out?

It is time these organisations operating on the edge of the law are seen by all for what they really are!

 

The ref number will be applying to YOUR complaint only, like you bank account number. So other people quoting it wont be much use.

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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