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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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Article in the Daily Mail about Debt Collecting


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Hi there

My problem with this article is that it essentially dealt with people with relatively trivial (by CAG's standards) amounts of debt. Of COURSE those being threatened who aren't liable aren't too amused but I think Mobile Phone Bills are just a TINY part of this.

 

If you read most of the problems here on THESE FORUMS it's people being hounded for usually a Few THOUSAND QUID from Credit Cards with dubious CCA's that were mis sold in the first place, then dealing with things like CCJ's and suddenly realising that what you thought was an UNSECURED DEBT could potentially leave you home at risk.

 

If the article had mentioned more of the aggressive tactics DCA's use in these cases I think it would certainly be more relevant.

 

However it's a start.

 

Cheers

 

jimbo

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The press/TV seem obsessed with only featuring the 'innocent' - OAPs etc hounded for debts that cannot possibly be theirs. The attitude is that if you owe money you should pay it. There is no recognition that people who have genuine difficulties have any rights when dealing with debt collectors.

Please support CAG and they will support you.

donate

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The press/TV seem obsessed with only featuring the 'innocent' - OAPs etc hounded for debts that cannot possibly be theirs. The attitude is that if you owe money you should pay it. There is no recognition that people who have genuine difficulties have any rights when dealing with debt collectors.
Well, you can understand why: If you're going to feature the DCAs as the bad guys, you can't possibly give them a chance to mitigate about some of the debtors being not so lily-white either, can you... This is the media we're talking about, black and white, no room for any shade of grey. :rolleyes:

 

The law is the same for everyone (unless you're a banker or George Michael...) and the one that protects the hounded pensioners also protects those who deliberately set out to defraud certain companies. I've just been reading a thread where the OP SEEMS to have ordered stuff from a catalogue and got 1st arrears letter 2 months later, so unless there is an overwhelmingly good reason for that, it looks as if that person set out to basically steal from the catalogue company. Now I have no sympathy for the catalogue companies whatsoever, and I try not to judge, but in this instance, I find it a bit difficult to tell that person that she has nothing to worry about, catalogues don't have credit agreements and are pretty powerless.

 

But can you imagine if the media were to use a case like that for their article? There are not a lot of people who would say to her "good on you" and boo the DCAs now hounding her, instead she would be paraded as the reasons why the DCAs have to be so "tough" and alas sometimes make mistakes.

 

Far easier to just show the hounded poor bstrds and leave the genuine defaulters out, otherwise it may confuse the reader too much. :madgrin:

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I think the DM deliberately lock their threads so noone can comment. I'm always posting comments that either get ignored or the thread just seems to be locked.

 

Ps Don't think you are allowed to leave links either. You can on the Guardian Site.

 

I think the DM will allow you to leave a quote if:

 

  1. You have a subscription to the paper
  2. You agree with all their views
  3. Tell them what a wonderful paper they have
  4. Are not an immigrant
  5. You are not a scrounger, (i.e. receive any benefit except child support)
  6. Want to ban anyone from being between the ages of 10 and 25
  7. Support capital punishment for all crime - except going through a speed camera to fast - which is obligatory
  8. And can provide photo graphic evidence of yourself worshiping at the feet of BaronessThatcher.

Unfortunatley, i did try to leave a comment but my car just aint fast enough to make that damn camera flash.

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Guest HeftyHippo
I wonder how many licences the OFT has actually withdrawn - I'd bet it will be single figures. The whole system of consumer credit licencing is unfit for purpose, from the way in which dormant companies can get licences (and thus protect their owners), to Trading Standards' and the OFT's hopelessly inadequate enforcement.

 

The usual drivel from the CSA - of course they receive few complaints - they represent the DCAs, who have signally failed to reform the industry from within.

 

you might be interested in this quote from Hansard:

 

http://www.publications.parliament.uk/pa/cm200809/cmhansrd/cm090422/debtext/90422-0019.htm

 

scroll down the page (my emphasis added)

 

"22 Apr 2009 : Column 338

Debt Collection (Consumer Credit Act)

 

Motion made, and Question proposed, That this House do now adjourn. —(Mr. Ian Austin.)

7.1 pm

 

Andrew Mackinlay (Thurrock) (Lab): The purpose of this debate is to draw the House’s attention to the abysmal state of debt collection methodology and the spirit governing it in the UK and the wholly inadequate safeguards for good and innocent people who are endeavouring to pay debt or who dispute it. It is a matter of fact that the debt collection industry relies on a combination of fear and ignorance to make a profit, and that is despicable.

In 2006, the Office of Fair Trading and related agencies received some 5,700 complaints. In 2007, that figure had reached 8,000 and more than 11,000 complaints had been received by August 2008. That is a total of 25,000 complaints in three years, but the Office of Fair Trading took formal action—such as licence revocation or suspension, or the imposition of other requirements on debt collection agencies—in only four cases. I shall illustrate tonight that that is a wholly inadequate response and that Parliament has failed to stiffen the sinews of the OFT and give it legislative powers and duties to protect and promote the interests of innocent people.

By coincidence, in the past 24 hours, the OFT has taken action against an outfit called Mackenzie Hall. Some of its procedures were found to breach the OFT’s guidelines. Ray Watson, the OFT director of consumer credit, said:

 

  • “Persisting with debt collection activity when debts are in dispute can give rise to significant consumer detriment, particularly where vulnerable consumers are involved.”

But that is a pathetic response, because similar abuse happens every day in countless agencies. All we see is limp and late action by the OFT.

How did I come to seek this debate? There were several reasons and I shall share them with the House. First, a constituent wrote to me in March because he had received a menacing letter from the communications company 3, which claimed that he owed it more than £800. The letter requested that he

 

  • “treat this matter with the utmost urgency. Failure to respond within 20 days of the date of this notice will result in our chosen specialist debt purchasing partner Lowell Portfolio 1 Ltd directly contacting you to arrange repayment of the outstanding balance.”

This menacing letter totally bewildered my constituent, who had never had knowledge of 3, or dealings with it. As his Member of Parliament, I wrote to the company on 26 March. I asked what all that was about and said that my constituent was bewildered and anxious, but I have not received a reply—except for the fact that, by another amazing coincidence, there was a phone call to my office just two hours before I commenced this Adjournment debate, asking for more information. That gives an idea of the sort of cavaliers and cowboys that we are dealing with, among both the companies themselves and their agents. Such behaviour has got to stop."

 

 

In terms of the CSA, theyre a waste of time. All they do is ask the company to rspond to your complaint. The company then makes a begruding half response. Who is to enforce the proper standard? Not the CSA! The OFT aren't interested. the FSO? All they do is ask the company to respond to your concerns. They can impose compensation, but rarely do unless it is a serious and obvious violation. if the DCA is just rude and doesn't respond, or breaks the OFT guidelines, the FSO cannot or will not do anything. The ICO? Useless. Months of backlog and it takes them a month to acknowledge a complaint about themselves!

 

That is why there are so many cowboys i the industry, there is no one to stop them, apart from CAG, and unfortunately, we're firefighting all the time, instead of putting the **** out of business and establishing legal precedents

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well i like a good fight just rang DM online and asked to speek to EITHER Publisher: Martin Clarke or

Managing Director: James Bromley the lady on the phone called Lisa rang me back just now to say that the replys were moderated and the one's they can put up will be posted today:-o

 

lets all ring them and tell them to hurry up TEL.020 7938 6000

Edited by huggy41
FORGOT NUMBER

PHOTOBUCKET TUTORIAL IS NOW DONE HERE IT IS

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