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    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
    • RE: EC261 Compensation   It's normal they won't have asked you to contact them . Your initial rescheduling was obviously done by a bot - and there was no human to notice the mistake, as far as the bot knew your scheduling was perfectly normal so there was no need to ask you to contact them.   As long as that was done 2 weeks in advance the carrier's liability to notify you is fulfilled.   (You could have contacted them there and pointed out that the new schedule was impossible. Unfortunately you didn't. Claiming you didn't notice is not likely to work in your favor)   The bot who sent you the 24h confirmation didn't notice the mistake either, obviously.   At some point a human or another bot finally identified the problem and that's when they called you. As far as they are concerned neither you nor them had noticed the scheduling mistake and they took it on them to notify you so you don't have a bad surprise when you try and check in.   However as far as I know, neither flight was delayed or cancelled. You could have taken both flights, if you had the power to be in two places at the same time.   So I don't think there is any scope to claim for EC261. But claim forms are free so feel free to try.     Then, you can certainly make an old fashioned claim (directly to BA)   What could perhaps play in your favor:   It's the carrier's responsibility to ensure that they don't sell you a ticket where the flyer cannot meet the minimum connection time or MCT.   This situation mostly applies to situations where the flyer doesn't know and gets caught. For example say you connect at LHR and you are given 35 minutes to connect. This may look just fine to an unsuspecting tourist, but in reality there is practically zero chance to make the connection, therefore the airline is liable here for selling you this ticket resulting in you missing your connection   In your case though it could be argued that even an unsuspecting tourist should be able to tell that it is not possible for them to depart 5 minutes prior to disembarking and therefore that you should have checked your notification more carefully.   The fact that the bot allowed such a glaring mistake to happen is certainly an argument in your favour shall you decide to make a complaint.     What doesn't play in your favor:   The airline obviously did their best to get you to your destination as soon as they noticed their mistake. They offered you more than one alternative (the first alternative would have got you in time at your destination, but you declined) and you then accepted another alternative, and fully travelled the ticket. That is a very strong position for them.     What did you lose and what do you intend to claim for?   You took the overnight connection so obviously you had to stay at an airport hotel. Is that correct? Did you keep the receipt for your hotel and meals?   You certainly should have asked them on the phone when negotiating your re-route that they provide a hotel. Within 20hrs of the flight it's something they would most probably not have denied to you (but airlines will generally avoid offering off the bat. Why lose money when a customer is just going to roll with it and pay for their own stay anyway, right?). After the fact it's going to be a lot more difficult to claim.   I do certainly think it would be reasonable to try and write them a polite but firm letter to claim for that. Not 700 euros, not damages and hardship and all that jazz, just the extra expense you incurred following a scheduling mistake that they made (that should have never happened) and that they didn't notice until way too late in the day , with your categorical inability to leave 3 hours earlier (you had very important business meetings or something critical, it certainly wasn't just convenience) and the extra costs incurred, and asking that they kindly provide compensation for the hotel and meals, which you feel it was their duty to offer you and you are politely disappointed that they didn't, and thafully you happen to have kept all the receipts. Put Alex Cruz on copy for good measure.   No guarantee but I feel it has a fair chance of success. Most probably you will be offered a heap of Avios instead of cash. It's then up for you to decide whether you want to accept that. Personally I wouldn't bother going further, but that's just me. See if anyone here disagrees, and do let us know what you decide and keep in touch with how it went.            
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1st Credit & LCS Battle - court papers received - help


newman
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Hi Newman, it's been a while since I have posted, but I have kept an eye on your progress and just wanted to say well done mate for giving these monkeys a damn good run.

 

I know from personal experience how our Surrey friends operate and I sincerely wish you every ounce of luck I can in shoving it to these barstewards. They need to be held accountable for thier actions and learn that they cannot continue to treat people the way that they do.

 

Well done & best of, not that you are going to need any luck with the POC you have.

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi Newman, it's been a while since I have posted, but I have kept an eye on your progress and just wanted to say well done mate for giving these monkeys a damn good run.

 

I know from personal experience how our Surrey friends operate and I sincerely wish you every ounce of luck I can in shoving it to these barstewards. They need to be held accountable for thier actions and learn that they cannot continue to treat people the way that they do.

 

Well done & best of, not that you are going to need any luck with the POC you have.

 

MC

 

Thanks very much MC - your encouragement is hugely appreciated.

 

Even though we know that to prove they have a legitimate claim and answer in full all the points in our defence, we are not being complacent in any way over this. I am taking this extremely seriously and want to see justice done here. I have categoriacllly stated in writing several times that I will pay in full anything I lawfully owe them providing of course they can prove this lawfully and show they have a legitimate claim. I have offered them at least 3 conditional offers of full payment with this caveat and they have refused these offers and have still insisted on taking this to court.

 

I m going to be very interested to see how they try to slip out of the defence we have submitted.

 

Thanks again MC

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If this thread was a playground would he be the creepy guy in the long mac sitting on the bench I wonder :)

 

He’s the one in the dungeon.

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So you made offers to repay anything that was lawfully due, on the condition that they provided evidence of the amount they were claiming and proof that they had a legitimate right to even make the claim? That doesnt sound unreasonable to me.

 

Did they simply reject the offers without providing any proof as requested ?

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Any rejection of settlements/ offers must be taken into consideration when costs are to be decided.

 

Regards

 

Andy

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Astonishing, and a fact that will come back and bite Mr T Watts right on the bum.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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C’mon, majic, join in and help. Or we might assume you are a 1st Crudit stooge, stuck in a dungeon in Reigate with your only escape a tunnel to the pub.

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So you made offers to repay anything that was lawfully due, on the condition that they provided evidence of the amount they were claiming and proof that they had a legitimate right to even make the claim? That doesnt sound unreasonable to me.

 

Did they simply reject the offers without providing any proof as requested ?

 

Hopefully in writing, Newman?

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So you made offers to repay anything that was lawfully due, on the condition that they provided evidence of the amount they were claiming and proof that they had a legitimate right to even make the claim? That doesnt sound unreasonable to me.

 

Did they simply reject the offers without providing any proof as requested ?

 

Absolutely in fact they stated that they were disregarding my letter entirely -

 

I wrote to them on the 27th June after receiving the POC dated the 21st June and stated the following

 

In the matter of the request for payment of £6,7272.12 I would be very happy to settle any financial obligation I might lawfully owe as soon as I have received the following documentation from you

1) - verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with the Bills of exchange act 1882 - (in accordance with the BORA an Invoice is required to show what service they are charging me for)

2) A copy of a lawful contract signed by both parties and therefore binding both parties - (THis could be either the original agreement or a contract I have signed with them - either would do as it would show we had a lawful agreement that both parties have agreed to, although in the case of a CCA agreement it obviously has to be totally compliant)

3) Vaildation of the debt (The actual accounting) - proof from their accounting system showing where there is a credit and a debit proving that I actually owe them any money.

 

I gave them ten days to respond - they did respond but the letter came from connaughts dated 28th June which said

"thank you for your recent undated letter

please note that we received no signed authority from you to act on behlaf of Mr Wxxx Sxxxxx and as such we disregard your letter in its entirety.

 

This letter was sent by me and signed with my copywrited signature as I am my own authorised representative and so they wanted signed authorisatiun from me to say I was able to act for me in my behalf!!!! - I didnt give this any credence.

 

I then wrote again on the 5th July stating the same thing and again on the 12th July but they never came up with anything so as part of my letters were stating that if I didnt hear from them this would constitue their agreement to terms that I outlined. in my last letter I stated that as they had not responded accordingly they had therefore accepted the terms I had stated and as such we were in a tacit agreement .

 

They toitally ignored all of that and I did receive a letter dated 1st December stating

We note from the documents that you have disclosed your letters were sent on a WP basis. We assume from this disclosure that the privelege has been waived.

 

I didnt respond to this letter.

 

So in a nutshell they have totally disregarded all the conditional offers I made them.

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C’mon, majic, join in and help. Or we might assume you are a 1st Crudit stooge, stuck in a dungeon in Reigate with your only escape a tunnel to the pub.

 

Or maybe its that nice restaurant across the road from their office Donkey :wink::rofl:

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Or maybe its that nice restaurant across the road from their office Donkey :wink::rofl:

 

Reigate’s quite a nice place, but not if you want to buy anything. Just pubs. I doubt Mr T Watts could afford the good restaurants, guessing his salary in relation to his legal skills.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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There’s a nice Thai pub just across the road. Aw.

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Any rejection of settlements/ offers must be taken into consideration when costs are to be decided.

 

Regards

 

Andy

 

Well thanks very much for that Andy I have taken note of that. So as I have made numerous very clear conditional offers to pay in full and they have clearly ignored them, in your experience how does a court usually view this type of thing - a defendant has made an offer to pay in full and the claimant has either not come up with the proof of a lawful claim or has totally ignored the defendant?

 

I am wondering in respect to the statement you made about when costs are to be decidied.

 

Oh also Andy can you elaborate on your post of very esarly this morning about

 

Just an aside Newman if they do attempt to resist your variation re costs then you do have options if they try to enforce the costs, you could make an immediate application for injunctive relief to prevent them from doing so and will seek the costs of this application from them.

 

Just an option to consider.

 

Regards

 

Andy

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Reigate’s quite a nice place, but not if you want to buy anything. Just pubs. I doubt Mr T Watts could afford the good restaurants, guessing his salary in relation to his legal skills.

 

There’s a nice Thai pub just across the road. Aw.

 

LOL Donkey - well I think that may be the place - someone I know was there recently and they said that they were sitting in view of the omnibus builidng and also that there was a nursery right there too - now isnt that nice 1st Cr being the loving caring company they are provide facilities for the young mums to have their little ones looked after :) !!!!

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Hi Newman ok not that you will need it but here goes,an injunction is an order of the court requiring some person to do (called a mandatory injunction) or refrain from doing (a prohibitory injunction) some act. An injunction may also be sought to prevent the commission of some legal wrong which has not yet occurred but is threatened. This is known as a quia timet injunction. In such a case the applicant will have to prove there is a high probability of the breach occurring and causing substantial damage. Breach of an injunction is a contempt of court, the penalty for which may be committal to prison. It is the threat of this sanction being applied which makes it such a potentially powerful weapon in the claimant’s arsenal when urgent action is required. Applying for an injunction can, however, be a costly and time-consuming exercise and should only be considered in very specific circumstances. (hence the need to recoup the costs)

 

Regards

 

Andy

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Hi Newman ok not that you will need it but here goes,an injunction is an order of the court requiring some person to do (called a mandatory injunction) or refrain from doing (a prohibitory injunction) some act. An injunction may also be sought to prevent the commission of some legal wrong which has not yet occurred but is threatened. This is known as a quia timet injunction. In such a case the applicant will have to prove there is a high probability of the breach occurring and causing substantial damage. Breach of an injunction is a contempt of court, the penalty for which may be committal to prison. It is the threat of this sanction being applied which makes it such a potentially powerful weapon in the claimant’s arsenal when urgent action is required. Applying for an injunction can, however, be a costly and time-consuming exercise and should only be considered in very specific circumstances. (hence the need to recoup the costs)

 

Regards

 

Andy

 

Thanks very much for that Andy - Wow we have 5 guests including Majic and 5 guests looking in - Hello everyone - how is sunny Reigate this afternoon?

 

Well I understand that perfectly and lets hope you are right and this wont be needed.

 

Mind you I wouldnt put anything past our friends at this point - nothing would be a surprise to me any more.

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:angel: Hello Reigate :)

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Newman.. stop sending invitations !!! you know you always get gate crashers :lol:

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Emmmm 9 guests no known trolls, perhaps they've

all gone to the Thai.:madgrin:

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  • 4 weeks later...

Apologies chaps for lack of updating so here we are in one go

 

Well following submission of my defence and letter to the court requesting that they consider my offer of £50 a month towards the COsts order I received a letter from 1st Cr dated 30 Jan stating the following

We acknowledge receipt of your undated letter enclosing your defence in this matter

 

As to the costs awarded on 2 december 2011 any application to vary the terms of the order as to payment of those costs will be resisted

 

As of today I have had no response from the court regarding my request to pay £50 a month. I called the court and they have no idea why I have not received a reply.

 

As of the 31st Jan the case has now been transferred to a different county court and again no explanation has been given as to why - phone calls to the court to aslk why have not helped at all.

 

With the notification of the change of court the Allocation Questionnaire was enclosed which has to be back to the court by the 5th March.

 

So that was all fine until Last Friday evening when there was a knock at the door and guess what I received? A hand delivered statutory demand for full payment of the court costs of £1244.20!!!! A SD for £1244!! This is almost beyond belief really.

 

So today I have made a payment to 1st Cr of £500.20 taking the balance down to £744 and have sent them a fax offering six further instalments of £124 to pay the outstanding amount and for them to confirm the SD will be immediately withdrawn.

 

I made it clear in my letter that I was not attempting to evade the payment of the costs order but just asking for time to pay it.

 

You couldnt make this up you really couldn't.

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Make sure you report them to TS and the OFT via consumer direct for using the Insolvency Service as a means to collect debt.

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If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

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