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    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
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CCA, charges & credit agreement


Ace of Spades
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Hi Ace,

 

Just curious to know how you are getting on with your claim?

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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This is a multiple agreement (ie.loan + ppi) the ppi should be included in the TOTAL charge for credit....BUT should have seperate details on apr,total cost of ppi and also how much each month for the ppi,this figure can then be added to the monthly repayment... need to see agreement to comment further

 

 

Sorry to hijack a little, but does the multiple agreement with other insurances such as Mech Breakdown and Gap Ins on a HP apply in the same way as as Ace's loan agreement with PPI?

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  • 1 year later...

Ok so it's been sometime since I've been on here. I never did get on with this claim, can't think why now...

 

I've had to have a good read through these threads to remember where I got to with everything. I forgot how good this site was, and how great the people are here at fighting back!

 

OH has since been contacted by FSCS about PPI claim. With regards to the information I posted about the SAR declaring the insurance boxes were NOT ticked on the application form, and that the signature looks different, do I mention this to the FSCS - I was advised when claiming to Welcome to hold back this information.

 

Another question - is it still possible to get charges back now this is being handled by FSCS?

 

Any help appreciated, I'd like to get the claim right first time!

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i think you will find the contact might be welcome staff?

 

the FSCS took over the welcome stuff when they collapsed 18mts ago.

 

where has the letter come from?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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good to see you back......

 

i would suspect that is the welcome staff acting under the FSCS rules

 

ok so are you looking to get this running again.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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so you got all the details?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I think so! I have the amounts as written on the agreement, and dates of payments, but no further documentation was sent in the sar.

 

I have my original spreadsheet to work out the amounts, just need to update it. There is still money owing on this, do I still include 8% interest?

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charges & PPI will be sep Spreadies

 

PENALTY fees upto 6yrs old can be reclaimed at their int rate

 

foscisheet

 

ppi the staint sheet

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

see below too

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thanks, I'll take a look at those, make sure I've got it all tight.

 

I'm going to do the ppi first, one thing at a time!

 

I did already write a letter before, but I'll review and post back with spreadsheet. I had problems posting it last time though...

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set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you that's really helpful!

 

Now, should I be filling in their form, or is it ok for me to write my own letter - or do both?

 

Could you clarify something for me though? If the claim is successful, does the PPI get removed from the loan AND the PPI payments refunded? I just need to be clear about what to expect. You know when you look at something for too long and you just can't make sense of it any more!

 

I have attached my spreadsheet for PPI payments as a pdf. I hope it works ok.

 

Loan figures: 1000 loan, 441.54 PPI

Edited by Ace of Spades
Added loan figures
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for the PPI you'll need to fill out the FOS CQ

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

and a simple covering letter

 

Dear Sir or Madam,

Re:

 

I am writing in relation to the above payment protection (PPI) policy which i believe was mis-sold to me in

relation to my

I believe you have not treated me fairly for the following reasons;

· The PPI was added without my knowledge..

· You have been punished by the Financial Services Authority for failing to treat customers fairly and I do

not believe that the PPI I bought was sold in my best interest.

Unless you can prove that the policy was fair and reasonable and that I was treated fairly when I was sold the

insurance, I demand a full refund of all premiums, and subsequent interest on these payments, that I have paid

in relation to this policy. I also expect 8% interest to be added to each payment I have made as this is the

statutory amount a court would pay.

I look forward to your full and prompt response to this letter. If this matter is not settled within eight

weeks of this letter I shall be contacting the Financial Ombudsman to investigate my complaint.

This letter is in respect of the above account that was issued by

Yours faithfully

or

The Complaints Department

[Lender’s address]

[Date]

Dear Sir/Madam,

Ref – policy number

I believe I have been mis-sold a payment protection insurance policy and would like to request a full refund

of my premiums, plus interest paid.

I took out a £xxx loan/credit card at your [branch name] branch on [date] and also bought a payment protection

policy which would cost me an extra £xxx over the life of the loan. [The name of the salesperson who sold me

the policy is …] The total amount of my premiums plus interest is £ xxxx.

When I took out the loan, I was told that my application would be refused if I did not also buy a PPI policy.

The Financial Services Authority’s advice to consumers is that, while it does not breach FSA guidelines, a

borrower should not be refused a loan if they choose not to buy an insurance policy.

Possible additional paragraphs – include any which apply to you

[i also told your salesperson that I had adequate insurance cover through a separate income protection

policy.]

 

[i said I did not need the PPI as my employer provides a generous illness and redundancy package.]

[You are not allowed to make PPI a condition of taking out the loan unless you include the costs of PPI in the

quoted interest rate, which you did not do.]

[in forcing me to buy this policy, you have also breached paragraph 8.6 of the Banking Code, to which you are

a signatory.]

I do not believe being forced to buy this policy as part of the loan was a fair and reasonable obligation as I

did not need this insurance and said at the time of taking the loan that I did not want it.

I am requesting a full refund of all my insurance payments, plus interest, which total [£ xxx].

If I do not receive a favourable response from you I will pursue this claim through the Financial Ombudsman.

Yours faithfully,

 

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

 

as its done by the FSCS the payment will go off the balance

 

you should get the 8% to your pocket though.

 

as for the charges

 

there is a credit card charges complaint letter in the library adapt that

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok here's my letter:

------------------------

I believe I have been mis-sold a payment protection insurance policy and would like to request a full refund of my premiums, plus interest paid.

 

I took out a £1000 loan with you on 31st December 2007 and also bought a payment protection policy which would cost me an extra £441.54 over the life of the loan. The total amount of my premiums plus interest is £642.91.

 

When I took out the loan, it was implied that my application would be refused if I did not also buy a PPI policy. The Financial Services Authority’s advice to consumers is that, while it does not breach FSA guidelines, a borrower should not be refused a loan if they choose not to buy an insurance policy. In forcing me to buy this policy, you have also breached paragraph 8.6 of the Banking Code, to which you are a signatory.

 

I request cancellation of the policies with immediate effect, as well as a refund of all premiums paid to the policies, plus any additional penalties charged to me because of the insurances, under the accepted principle of mutuality and reciprocity. I would also like to claim statutory compensation in view of the fact that I have been deprived of the use of this money (I have enclosed a spreadsheet showing the amounts to be refunded).

 

I am requesting a full refund of all my insurance payments, plus interest, which total £518.39.

If I do not receive a favourable response from you I will pursue this claim through the Financial Ombudsman.

----------------------------------------

 

I have filled the form out too. Would you be able to cast an eye over my spreadsheet for me please, to make sure that is all in order. If all is fine I will be sending this off tomorrow :lol:

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  • 4 weeks later...

I received a letter back from Welcome, it didn't actually say anything relevant, just that the FCFS were in control and they had sent our questionnaires, that was it (have attached it in case it's of any interest). I left it at that as I presumed this is a standard letter. I'll give them the 8 weeks and then will give them a kick before going to FOS.

 

I have sorted the charges spreadsheet, so would be grateful for some one to take a look at that before I send it off.

 

What is strange, I checked OH's Noddle report this morning, his Welcome balance had changed from £1300 odd to just £100, and this new balance now appears all the way from Feb 2010!! It says it was updated on 29th Feb '13. Last months report showed the £1300 balance for the last couple of years. Bit confused as we've not heard back from them yet, bar the letter mentioned above.

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where are the statements the charges came from please?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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typical welcome statement

 

al absolute rubbish and made up.

 

are you saying you are still paying this...

 

pers i'd write welcome a letter

 

the agreement is invalid and falsified

so thus under the CCA you should get aLL you payments back + 8% int.

 

the bit you related to above about the sig i senough

 

howver

 

add to your charges list...

 

fee assessment [hidden penalty charges int]

 

5/1/9 fee

9/1/9 fee

7/1/9 letter fee

9/4/10 letter

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ref post 11

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 9 months later...

After a burglary, house move & Christmas I was just checking to see where I had got to with everything. I posted previously that Welcome had reduced the amount when I checked the noddle report. Well I've just checked and OH's account has been marked as settled :whoo::cheer2::peace:

 

Success!

 

Thank you to everyone at CAG who has helped directly or indirectly - and especially to dx100uk - you're an absolute star! :thumb:

 

I am so glad I came here and learned to fight back! :whoo:

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did you reclaim then or get the money back too?

 

I hope the default has gone too?

 

The Consumer Action Group needs help to cover itsexpenses.

You could help by making a money contribution to http://www.consumeractiongroup.co.uk/paypal.php?go=donate

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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