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    • Now I wonder, if the land is owned by the council and they can  use the RTA to enforce their rules why do they emply a bunch of banditd to manage the place? It woudl be easy to argue that the "fine" should be that set by local govt  and thus be about £30, not 390. this means Highview's demands are thus an unlawful penalty as they are higher than the prescribed tariff so they would lose a court claim on that basis regardless of the validity fo their contract with the LL and the motorist.   that means a complaint could be put to the local govt ombudsman and the council would have to behave and probably have to pay up compensation to the aggrieved motorist for the unlawfulness and distress so enfield would be around £130 a ticket down for every one challenged
    • If no Planning Permission, signs etc are illegal and no contract can exist, as it would be founded in a criminal action, signs without correct permissions to be erected.  PE have been caught out by this many times.  they are owned by Capita, same bunch that run TV Licensing for BBC
    • Yes, fill out the bit forwarded to yu by the car hire co adn take them on if you wish. you will need to be returning to Margate to get piccies of the place but in the meanwhile read up on private parking and also ahve a look at thaney councils planning portal and see if PE have permission to put their signs and cameras up in the first place
    • you need to edit that response as it was sent to a bunch of lawyers acting as debt collectors. so drop the bit about rentathreats. I would add the salutation Dear Ashley, it is no use trying to hide, we all know it is you writing this garbage.....     reason for thi is that a person well known in parking world isnt listed as having a controlling interest in the company contrary to Company Law
    • as they target commercial vehicles it isnt usually necessary to get the keeper details, they just demand money from the company that has their logo plastered on the side of the lorry. There is also different law surrounding their demands as the POFA doesnt apply and it isnt a consumer contract. You will unfortunately need to do a lot of reading up about these people as they ahve had mixed success in the courts so a bit of a lottery as to what bits of previous cases to use as being relevant.   However, the signage is on your side as ity mentions removal of vehicles, which means that unless the byelaws specifically allow it (and then the cost of removal doesnt necessarily ahve to be borne by the vehicle owner) then it is  unlawful and possibly illegal so that makes the whole contract void as it is a criminal compact   Proserve have a very complicated arrangement with the landowner and that means they have to pay the landowner for every trespass and then claim the money back form the vehicle driver/owner. in practicve they dont pay a peny in advance (can you imagine how long they would be inbusiness if they ahd to fork out hundreds of thousands a week with little prospect of recovering those advances?)   they also stop vehicles entering the docks if the company that owns it refuses to pay or has beaten them in court before despite not having any powers to do so. A vindictive, dishonest outfit.
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Angry mum

Reliable Collections Ltd

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Reliable Collections Ltd...........after speaking to them and asking for a copy of my signed credit agreement, they sent me two copies of an agreement, one with my details on - which I've never seen before and doesn't have my signature on, the other, exactly the same but in their name signed by somebody at their company.

 

Their letter states Please find enclosed a reconstituted 'true copy' of your clients credit agreement settling out the terms and conditions to which they agreed when the account was opened along with the current Terms & Condtions.

 

They say that when responding to a section 78 request, a lender does not have to provide a photocopy or other literal copy of the executed agreement nor provide a copy bearing or some other proof of the customers actual signature.

 

They are now threatening all sorts of action as I can't afford to pay what they are asking.

 

What should I do next please? Thanks.

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hi, first of all DO NOT PHONE these dca **** they will tell you lies and threaten all sorts of nastys, to get you to pay.

 

is this for a c/c ? how old is it, can you post the agreement up, blank your out personal details, ref no, barcodes.

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This was a Simply Be account which was taken out at the start of 2007. I've scanned copies that they sent me but they aren't that clear, hope you can see them, if not I can e-mail them to you. Thanks

 

 

All I have blanked out is the hand written part which contained my name, Address and account number.

 

Scannedat09-10-201016-14.jpg

 

Scannedat09-10-201016-142.jpg

Scanned at 09-10-2010 16-14 (2).jpg

Scanned at 09-10-2010 16-14.jpg

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sorry cant read them, can you upload via photobucket, or tinypic.com

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I've enhanced the images.

 

 

2dtuibm.jpg

244xj7o.jpg


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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I'd be tempted to send them Scotts letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Thank you for your help, have now sent the second letter so we'll wait and see what happens next....will keep you informed.

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Hi unreliable collections did the same with my wife though they did not even check if the address was correct as we had moved since opening the account, they entered the new address on the reconstructed agreement when challenged they closed the account and that was it. Also send them a copy of the received reconstructed agreement letter below.

 

Dear Sirs,

 

Thank you for your letter dated nn/nn/nnnn.

You have chosen to respond to my CCA request by providing a reconstituted agreement. While this may satisfy a CCA request, it is not enforceable in a court of law.

 

I now request you to confirm that you actually hold a copy of the original signed agreement. If you do not hold an agreement, then I require you to confirm this, or if you do hold the original signed Agreement then I would ask for you to advise me in what form.

 

I can think of no valid reason why you should provide a reconstituted version when you could have simply photocopied the original-if it exists.

 

I would remind you that the OFT state that creditors should not imply or state that an enforceable agreement exists if that is not the case.

 

I look forward to receiving your response within 14 days if I do not I will then consider the alleged debt to be unenforceable at that time.

 

Dpick


cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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