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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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In Debt With Many PayDay Loans...feel much better now.


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Hi everyone...

 

after weeks of debating, finally decide to post here. ( i was going to ask for help )

 

I have been using payday loans for the last 6 months as a way to get me by from month to month...

 

Every pay day i pay back the money ( and the interest ) then borrow again. Yes...I know its stupid but once you get into the habit its very hard to get out of.

 

This month i decided to do things differently as im sick of not having any money left by the 5th of every month.

 

This is what I owe...

 

Wonga £240 ( they have frozen interest )

 

I called them up, expained I didnt have the funds to pay them and that i had many payday loans. They were great. The have agreed to one payment of £50 this month and then two payments of £95 over the next two months. Job Done ! !

 

 

 

H&M £375

 

I told them the same story, paid them £100 last month and over the next three months i have to pay £100 then another £100 then finally a last payment of £75. Job Done ! !

This debt was originally £220 but the added money on because my cheques bounced.

 

 

 

Swift Money £296

 

Told them the same story and they have agreed to freeze interest and allow me to make four payments of £73.97 over the next four months. Fab, Job done ! !

 

 

Lending Stream £699.25 ( frozen until end Nov )

I took two loans out with them over 6 months. They were taken out at different times. One finishes at the end of sept, one at the end of nov. Assuming I pay them back before the end of november, the interest doesnt increase. They have agreed to let me pay a token payment of £50 this month then they will call me next month to review it. If i could pay either of them off earlier, they will reduce the interest which means i will pay less. Good Good ! ! !

 

So far, so good...I was dreading making the calls to the companies.

 

Then, the final comapny to call was

 

Pounds Til Payday £880

Same story, told them i couldnt afford to pay. I offered to pay them £50 this month and more next month. Offered to set up a payment plan and they said NO! ! ! . According to them, I must wait to default on my payments, then i will inccur a fee of £59. Only then will they get an account manager to speak to me to discuss paying the money back. I asked again if i could avoid the charge and the said no. Only if i pay £440 all at once at the end of this month. Dont think this is very fair..can they refuse a payment from me ??

 

( if anyone could give advice on PtP i would be grateful )

 

To anyone reading this who is in debt, things arent always as bad as they seem. I was surprised by how understanding all of the above companies were with the exception on PtPayday. I feel much better knowing that i will have a some extra money this coming month and wont struggle like i usually do. I have cancelled the direct debit with P2P and cancelled my debit card so the only way these compaines can be paid is if they call me or i call them.

 

Hope this helps someone out there ! ! ! ! ! :):):):):):):)

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Thanks for all your replies guys...

 

I will wait for PtP to contact me when i default on friday.

 

Will let you know how it goes.

 

In 6 months I should be debt free...

 

Cant wait to get paid then and actually keep all the money.

 

My only worry with P2P is they might try to submit the direct debit again to my account. I canceled it yesterday when i phoned my bank, they explained P2P might try to take the money again.

 

As soon as my wages go in, i will transfer them to a different Lloyds account, this way the money should be safe...

 

Thanks again for the messages....anyone else in the same boat as me, please do the same....It will save me a forture in the long run... and takes the pressure off. ! ! :lol::lol::lol::lol:

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So is it true they can try to set up direct debit again even though i have cancelled it ??

 

I have online banking but i did it over the phone.

 

The didect debit instantly went from the list of direct debits on my account page online.

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Get this...as u can see above one of the debts is with @@@@ who last month agreed on the phone to let me pay the debt in 4 payments, no more interest. Well today they tried taking £200 off my debit card. ( i moved wages to saving account wen i got paid to stop any of companies doing this ) They they then did take £5 out of my account.

 

I only found out when i went to the cash point. It wouldnt give me any money. I called the bank and they told me they had put a stop on the card due to possible fraud on my account. They explained about the 200 and 5 pounds, and then took the block off my card after speaking to the fraud prevention dept.

 

Are they allowed to try and take this money from my account.

 

They said they wouldnt, and agreed a much smaller amount than they tried to take today.

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I dont have money in the account. I moved it to my savings account, and just move it to current account as and when i need it. I have a recording on my mobile where i recorded the conversation with them. They agreed a payment plan and also promised not to ever try and take money without asking me 1st. When i spoke to my bank yesterday they asked if i wanted to report fraudulent activity on my account. Im so glad my bank blocked my account. They did however manage to take £5 from my current account.

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