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    • True, but all the threads we have for Wise concern hospital car park parking (except one) so it would suggest a hospital car park.
    • Don't worry, a week and a half is fine, especially as you've already drafted a WS. However, we need to see everything as dx says in the post above.
    • This preliminary hearing has been allocated 20 minutes so it should be fairly simple. However, judges are always on the look-out to get cases settled and sometimes these things can mushroom unexpectedly, so I would take along all the paperwork in order and prepare too much rather than too little. For example, we have a recent case where someone went to a preliminary hearing but the judge was appalled by the parking company's case and put huge pressure on their solicitor to discontinue - which he did. I have personal experience of trotting along to a preliminary hearing, only for the judge to go ballistic at the other side's solicitor who promptly dropped the whole case against me. I suggest your Mum takes these notes along and refers to them when necessary.   1.  I sent Parking Eye a Subject Access Request on 03/07/2023.  After one calendar month they had not replied. 2.  Their failure caused me a great deal of distress.  I was desperately trying to prepare for a court case and I felt they were hiding information from me. 3.  However, I did not rush to court, I sent a Letter of Claim on 03/08/2023 giving them an extension.  Again they did not reply.  So I started this court case. 4.  Parking Eye insist I have proof of postage for everything I sent - and I do.  5.  Parking Eye eventually satisfied my Subject Access request at the end of August 2023.  I believe they put a false date on their letter to pretend to have satisfied the one-calendar month deadline.  I believe they will have no proof of postage. 6.  In April Parking Eye sent me a letter to try to settle the matter, which offered me nothing.  7.  Later I sent them a letter offering to settle and asking them to offer a serious amount, not nothing, but they did not reply. 8.  I would be willing to settle out of court, but not on the basis that they offer me nothing.  
    • That was the date the email was received from them
    • Morning guys, I would appear I have more people chasing me than first listed. Apologies for this but I had a Very account for £2292.20 that was sold onto Lowell and Overdales, who sent me a PAPLOC request earlier in the year which I replied with all the usual, sent off CCA request etc. They responded on 07/03/34 with the attached. I guess i forgot to list this here nearer the time, They have sent me another PAPLOC request.  Could you please give me your thoughts on what they replied with previously and what I should do next? img049new.pdf
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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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Lowells/Red - A result


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First of all I should be honest enough to say that I have not been the best in managing my finances over the years. I am 59 and should have mastered the art by now! It reached such a bad situation and I personally became very ill with worry that on the 18th April this year I took a very large overdose with the sole intention of not recovering, obviously I did recover but I spent eight days in hospital and three in intensive care.

It was an awful experience and I do not feel proud about what I did, but I have a long standing life insurance policy that would have paid out on suicide. My wife would have received some money, not a fortune but enough to live on. Thankfully my wife and family gave me tremendous support and never looked badly upon me and the action I took. My wife now looks after all the accounts and things are looking a lot better thanks to her.

However my reason for posting is because of all the problems I have been having with Cabot and Red/Lowells. The Lowells debt was with a loan taken with Lloyds about 15 years ago and I have not made any contact with them for probably the last 9 of those years. Thanks to this forum I learnt how to deal with Lowells and which letters I should send, when they should be sent and my subsequent reactions to their letters. Lowells kept writing saying they were trying to get a copy of the agreement and would reply within 12 days, needless to say they were not able to do that but still kept persisting in asking for money and a repayment programme.

Then a letter arrived to say

‘I made an attempted payment on the 2nd March 2005 for a payment of £5. We trust this clarifies the situation and look forward to receiving your payment proposals’.

At no stage did I make a payment – attempted or otherwise and I then sent to them the following:

ACCOUNT IN DISPUTE

18 July 2010

Reference No: *********

Dear Ms Peacock

Thank you for your letter of the 5th July 2010 regarding the above reference number. I disagree that I made an 'attempted payment' on 2nd March 2005 of £5.00

Please provide the following information:

The exact date and time of the payment

The method of the alleged attempted payment ie: phone, post or email

The form of payment ie credit/debit card

If debit/credit card the following details:

The bank or building society name

The long card number

The exact name on the card

The expiry date

The last three numbers of the CSV

The name of the member of your staff who dealt with the alleged attempted payment.

You have been unable to comply with my formal request pursuant to s.78(1) of the Consumer Credit Act 1974. However, despite being in default of my request, you have continued to make unlawful demands for payment contrary to s.78(6) of the CCA 1974 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I note that the Credit Services Association, in the first paragraph of its Code, state that members must act lawfully at all times. Furthermore, under the CPUTR 2008 failing to comply with a code of conduct to which you have subscribed is unfair trading.

 

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency.

 

Yours faithfully

And then BINGO!

Last Saturday 31st July 2010 I received a letter from Lowells dated28th July 2010. The letter read:

‘We write further to recent communications regarding the above account.

After reviewing the account, we are prepared to take a commercial view in relation to this matter and as a gesture of goodwill and strictly without any admission of liability, we are prepared to close the account and write-off any outstanding balance.

We trust that you will find this satisfactory and that this matter is now closed’.

The relief we experienced on Saturday morning was immense as you could probably imagine. The outstanding amount was £10,934, and we were not intending to avoid our debts but this was clearly outside the 6 year allowed period.

Since my suicide attempt, my general health has deteriorated rapidly due to my actions and I am now suffering problems I will experience until the day I do pass on, but with my wife’s help I feel we can take anybody on, starting with Cabot.

Chris

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First of all I should be honest enough to say that I have not been the best in managing my finances over the years. I am 59 and should have mastered the art by now! It reached such a bad situation and I personally became very ill with worry that on the 18th April this year I took a very large overdose with the sole intention of not recovering, obviously I did recover but I spent eight days in hospital and three in intensive care.

It was an awful experience and I do not feel proud about what I did, but I have a long standing life insurance policy that would have paid out on suicide. My wife would have received some money, not a fortune but enough to live on. Thankfully my wife and family gave me tremendous support and never looked badly upon me and the action I took. My wife now looks after all the accounts and things are looking a lot better thanks to her.

However my reason for posting is because of all the problems I have been having with Cabot and Red/Lowells. The Lowells debt was with a loan taken with Lloyds about 15 years ago and I have not made any contact with them for probably the last 9 of those years. Thanks to this forum I learnt how to deal with Lowells and which letters I should send, when they should be sent and my subsequent reactions to their letters. Lowells kept writing saying they were trying to get a copy of the agreement and would reply within 12 days, needless to say they were not able to do that but still kept persisting in asking for money and a repayment programme.

Then a letter arrived to say

‘I made an attempted payment on the 2nd March 2005 for a payment of £5. We trust this clarifies the situation and look forward to receiving your payment proposals’.

At no stage did I make a payment – attempted or otherwise and I then sent to them the following:

ACCOUNT IN DISPUTE

18 July 2010

Reference No: *********

Dear Ms Peacock

Thank you for your letter of the 5th July 2010 regarding the above reference number. I disagree that I made an 'attempted payment' on 2nd March 2005 of £5.00

Please provide the following information:

The exact date and time of the payment

The method of the alleged attempted payment ie: phone, post or email

The form of payment ie credit/debit card

If debit/credit card the following details:

The bank or building society name

The long card number

The exact name on the card

The expiry date

The last three numbers of the CSV

The name of the member of your staff who dealt with the alleged attempted payment.

You have been unable to comply with my formal request pursuant to s.78(1) of the Consumer Credit Act 1974. However, despite being in default of my request, you have continued to make unlawful demands for payment contrary to s.78(6) of the CCA 1974 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I note that the Credit Services Association, in the first paragraph of its Code, state that members must act lawfully at all times. Furthermore, under the CPUTR 2008 failing to comply with a code of conduct to which you have subscribed is unfair trading.

 

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency.

 

Yours faithfully

And then BINGO!

Last Saturday 31st July 2010 I received a letter from Lowells dated28th July 2010. The letter read:

‘We write further to recent communications regarding the above account.

After reviewing the account, we are prepared to take a commercial view in relation to this matter and as a gesture of goodwill and strictly without any admission of liability, we are prepared to close the account and write-off any outstanding balance.

We trust that you will find this satisfactory and that this matter is now closed’.

The relief we experienced on Saturday morning was immense as you could probably imagine. The outstanding amount was £10,934, and we were not intending to avoid our debts but this was clearly outside the 6 year allowed period.

Since my suicide attempt, my general health has deteriorated rapidly due to my actions and I am now suffering problems I will experience until the day I do pass on, but with my wife’s help I feel we can take anybody on, starting with Cabot.

Chris

 

Seems like they made a false statement to mislead you into believing that the debt wasn't time barred. Are these scumbags fit enough to old a CCA licensee...me thinks not.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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great work frx209

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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And as seen here, these 'people' frequently drive people to illness or worse

 

Disgraceful

 

(congrats FRX!)

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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How I larf when I see letters like that from cretins such as Lowell. What the heck is 'an attempted payment' for heavens sake? Either a payment was made or it wasn't.... there's no in-between. :rolleyes:

 

 

and it is also strange that if the letter comes from presume that it was HEATHER peacock the attempted payment is always £5

 

while samantha barnard prefers to claim £10:grin::grin::grin::grin:

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