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    • The case against the US-based ride-hailing giant is being brought on behalf of over 10,800 drivers.View the full article
    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
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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.

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Debt in UK live in Spain please please help


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Yes agree Retap-flaco, I shudder to think what I would have done without this site and all the people who have helped me, I am so so grateful for them giving their time, I would have been in such a state without them.

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I have a reply from Natwest with regards to my complaint to OFT which I copied Natwest. The have said the following.

 

Thank you for your letter dated ...... and your comments have been noted. We have issued our Final Response in relation to your complaint and if you are still not happy with this you will need to refer the matter to the Financial Ombudsman. I have enclosed a copy of the Final response for your reference (which they did not)

 

Do I send the complaint letter that I sent to the OFT to the Financial Ombudsman, I have had no response from the OFT as yet.

 

Thanks in advance for your advice.

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  • 3 weeks later...

Hi all, I got a responce from the OFT saying they have no authority to become involved, but they have confirmed that Natwest holds a Consumer Credit licence so they must be fit and competent, they have noted the details of my complaint and will consider this alongside any other complaints they have received with a view to any consumer credit licence or action they may decide to take. If they do take action they need to disclose my identity with details of my complaint so they have asked me to sign an enclosed consent form.

Shall I sign and send it back.....want to check with you guys first before I do anything.

 

Also I received a reply from the Ombudsman saying they will provide a full response as soon as they can.

 

Just to let you know I have not received anything from AIC, Natwest said they were going to pass the debt to them at the end of January.

 

Thanks for any replies

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  • 5 months later...

I have just received a reply from the ombudsman saying that they agree with Natwest, so it looks like I will now have to sign my request for the CCA, which I will send tomorrow. Does anyone know what I should expect from Natwest now, I am 99% sure that I have not signed a CCA, I am sure I did it all over the phone. So if they cannot send me my CCA what happens with the debt, can they still send the debt collectors to Spain ?? Thanks in advance for your help again.

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To reiterate, because you live in Spain they cannot take any action against you here legitimately they would need to do it there using UK law. The burden of proof is on them to show that you owe the debt, part of which is providing an enforceable agreement. because you made an application on the telephone and did not sign an agreement they will not be able to show a Spanish court the proof necessary.

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so shall I not send the letter with my signature, or just send it as they probably haven't got my CCA and at least I have done everything I should do......what do you think....

also if they do have the CCA you are saying they can go to the Spanish courts, so if I do send my signature at least I would know and then not worry so much

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I had a relative who left the country with debts and they did not inform the creditors they had moved. Consequence was that the creditors just kept writing to last know correspondence address for about 8 years after they had left. Unlucky for me but my address was used to forward on correspondence, so I had 8 years of hassle, from many different debt companies who phoned, sent letters, etc.

 

My advice from what I learned of this, is that you would be sensible to write to NatWest explaining your situation, but making it clear you are in Spain and have plans to return. If they have your address in Spain, they won't be able to use the Spanish courts unless they already have a CCJ in the UK. I don't think NatWest would obtain a CCJ knowing you could not defend. So NatWest will then be faced with trying to negotiate with you a way forward. If they can't reach agreement with you, I would expect that NatWest would have to make a decision what to do. They might stop and just put the account on hold, noting your credit record. They might sell on the debt to debt collectors, without telling them you are abroad, so whoever lives at your last known address will be in for loads of hassle. In either case if you ever returned to the UK, they would eventually catch up with you at whatever address you are living at.

We could do with some help from you.

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Natwest have known that I have lived in Spain for the last 6 years and have no intention on going back to the UK, they also know my address here, so they know I have no UK address and have always sent correspondence to my Spanish address.

 

I will do what you suggested cerberusalert and get my eldest daughter to sign it, but as I said before when the overdraft was agreed I was using my maiden name so yes it will be interesting to see what they come back with.

 

I will let you know, thanks all

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Statute barred ? 6 years (5 years in Scotland) without payment or acknowledgement of the debt or a CCJ being obtained.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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  • 1 month later...

Hi Guys, I have now received a response from Natwest saying that ....

 

It is important to point out that the bank does not require customers to sign an agreement under the consumer credit act in order for an overdraft facility to be applied to thier account. Therefore a copy of the signed agreement is not available and does not need to be provided to you under the terms of section 78.

All borrowing facilities are agreed in accordance with the terms and conditions of the account and overdraft facilities are finalised by way of confirmation letter.

 

They then went on to state information of my account and how much was owed and interest which was 0 and the final paragraph of the letter was....

 

We thrust this clarifies matters, if you have any further quiries please contact us on the above number or write to us at the above address.

signed by the recovery manager.

 

They have not asked to come to an agreement for payment or anything, I can't unerstand why they made so much fuss asking for my signature then to say they do not have to send me the CCA.

 

I am really confused and a bit scared as to what they will do now, can you advise me what I should do.

 

Thanks again for all your help.

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I was just wondering, they said that for an OD they have to send a confirmation letter, should they not have to send me a copy of this letter as I am sure I didn¡t recive one.....what do you think ??

 

also I was reading the thread (thanks miss muppet) what is a SAR and would requesting this applie to me ??

 

Sorry for all the question but I am so afraid of someone turning up at my Spanish home making trouble, here there is so much curruption and you really do not feel safe.

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KM, You are quite right to be concerned about your signature, same bank different issues but know that DCA associated with them lifted my doctored signature from my complaint to FOS implying it was the signed mandate. Ignored by me and now passed to different DCA who can't even get my name right!!

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  • 8 months later...

Hi everyone, I thought I may not hear from Natwest again but I have just receive a letter from Natwest saying as they cannot contact me they have passed my account details to Regal Credit Services Ltd, I have also received a letter from Regal asking me to forward the outstanding amount in full or contact them to agree a payment plan and if I do not contact them they will recommend to their client (Natwest) to take legal action against me and I will incur further interest and legal costs.

I am not sure what to do as i am now working in Spain, can they find this out but I am no longer living at the address they have, the owner of the house gave me the post.

should I write and say I have no money and am living with friends but my mother would be willing to pay 2000GBP to settle the account in full....would they accept this. I just want this to end as it upsets me so much and I get so stressed that's why my mum said she would do this for me.

 

all advice really welcome.

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It's just being passed down the DCA foodchain, AIC dropped the a/c like a hot potato now this lot are chancing their arm.

 

I am not sure what to do as i am now working in Spain, can they find this out but I am no longer living at the address they have, the owner of the house gave me the post.
As long as no-one tells them where you are they'll have great difficulty in finding you. They will not invest too much time, money or energy trying either as it would be uneconomical.

 

There is no point in making any full and final offer until the debt is sold to a debt collection company. For the moment I would just continue to ignore.

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