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    • should the oc have paid the refund to me? by the sounds of it, the balance continues, only just unenforceable. i would have thought the bal would have been written off?
    • can't see a wayout here sadly.   if all is true and you went through a broker and he did all they claim and you laterly signed and returned stuff..   up creek with no paddle are you IMHO.   bit cheeky on all the fees mind!  
    • I very much doubt that OPS will dare take you to Court having added on an unlawful  £60 to the PCN. They have been savaged by several Judges in Court claiming the extra charge is an abuse of process and are currently discontinuing all cases just before they go to Court hoping that the pressure on the motorist for a Court hearing  will force a payment  and avoid going to Court. It is a shame that you offered to pay them the reduced amount under cover of "without prejudice" since that would have shown your willingness top pay for something that probably isn't really owed. In the meantime I would write a letter to the SRA complaining about  DCBL adding an unlawful amount when they have had their cases thrown out of Court for adding that £60 or sometimes £70. OPS were in trouble with Judge Harvey  at Lewes Court back in February for adding that £60. As  it's OPS as opposed to any other car parking crooked company, I would be inclined to write to Judge Harvey asking for his comments. I cannot find the cse online but it was reported in this Forum a couple of months ago. I am sure that one of the Site members will be able to find it for you.  
    • Hi. In that case I probably did it wrong, the N244 asked for 'evidence in support of the application' and I assumed I had to include all the points that were mentioned on here in the N244, as well as any other reasons why I thought I have a chance of defending a Set Aside if one is granted.    If I've messed it up I've messed it up and need to move forward from here and give it the best shot for the £255 it's just cost, I also need to liaise with DCB Legal asap and then email the documents to the court next Wednesday, so your help would be much appreciated.   The court letter says I have to: 'liase with the other party to agree the key documents required by the judge essential to the case' and I have no idea what this means?   Is there any particular documents I should be asking DCB Legal for when 'liaise' with them?   Do I have to send DCB Legal  a written statement?   Do I have to send them the photos of trees hiding their signs at the entrance etc. Or do I just need to ask them to agree to show the court the original documents/Demands and letters OBS sent to me? Is there any particular documents I should be asking DCB Legal for when 'liaise' with them?   Should I be asking them to provide proof of planning permission for the signs and permission from the landowner etc at the time?   In court: Should I mention the 2 year time delay and accrued interest since the final demand and applying for a CCJ?   Should I be mentioning anything about DCB Legal instructing DCBL and the extra £90 they added to the total amount (for sending one letter)?     If I lose this, and have to pay the CCJ, does that mean DCBL will then start chasing me for the £90 cost for their letter?   Thanks again        
    • the payment is not by you so does not reset the time bar.   dx  
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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 
        • Like
      • 16 replies
twodogs

ARC & Living Well

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Hi,

I had a membership with Living Well for 18 months (12 month agreement) and I just let it roll after the first 12 months and still used the club. I found a nearer and better gym and decided to cancel my membership with Living Well so I sent a letter and cancelled my DD. I got the usual letter saying "we've been unable to collect your membership please send a cheque blah blah". So I ignored it thinking my cancellation letter crossed in the post. Nothing else from Living Well, then a letter from ARC Europe Ltd claiming £48 (even though my membership was £33/month).

 

I'm inclined to send this:

 

"

I acknowledge no debt to your company

c/o Street

District

Town

Dear Sirs

 

Re: Living Well (Membership Number xxxxxxxx)

 

Thank you for your letter of 6th August 2010.

 

I do not understand your letter/demand for payment and would ask that you forward to me:

 

 

To continue any claim against me, you must provide a copy of an executed agreement as defined in s61 of the Consumer Credit Act 1974 to show that there actually is a debt and that it is mine (note that a copy of an unsigned agreement will not do) and you must prove that the alleged debt was assigned to ARC in compliance with s136 of the Law of Property Act 1925.

 

 

I trust that this makes my position clear.

 

Yours sincerely

"

 

Any advice on this?

 

Thanks in advance

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Hi TwoDogs,

 

Have a look at this thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?268101-Ashbourne-Management-Everything-You-NEED-To-Know%21%21

 

There may well be useful similarities.

 

Your letter looks ok to send.


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