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    • To carry on from the above post it may be helpful to go through their WS using their numbers. 9] motorists do NOT accept the contract when entering the land. First they have to read it and understand it and then they realise that a] "No stopping" is prohibitive and cannot offer a contract. b] the signs around the bus stop do not mention who issued the No Stopping signs so it could not have been issued by VCS since the IPC CoP states that their signs should include the IPC logo and the creditor be identified.  10]There is no mention of £100 charge for breaching the No stopping request or if there is it is far too small to read even for a pedestrian. 11] no matter how often VCS say it, it is NOT a contractual clause   22]" the claimant has given the Defendant its contractual licence to enter the site". No it hasn't. This is a road leading to the airport. All sorts of people are going to the airport-travellers, taxis, fuel bowsers, airport staff, companies delivering food and drink for each aircraft, air traffic controllers, buses. It is absolutely ridiculous to attribute VCS wth any sort of permissions. The land owners yes, but not VCS . There can be no sort of analogy between a car park and a major thoroughfare where VCS have no place as it is not relevant land.   23] there can be no contract as there is no offer only a prohibition. And it is not relevant land no matter how Mr Walli attempts to prove otherwise. 25] VCS may have won a few times but none quoted was on an airport covered by the RTA and its own Byelaws. They also have lost more cases than they have won using their prohibitive signs. 26] First one has to consider if there is a contract. Is it relevant land? No. Does a valid contract exist betweer VCS and Peel? NO.  27] the signage at the bus stop may show the conditions ie  no stopping, and restricted zone but not the terms ie is there a charge for stopping and who is the creditor. The last section of the sign is illegible  29] already stated that a WS between VCS and peel is not a valid document 31] it will need more than the Claimants feather to outweigh the case against the Defendant no matter who was driving. 32] there is no law of agency involved. This is not a case of employer/employedd relationship. VCS are muddying the waters because they have no way of transferring the driver's liability to the keeper 33] this a red herring. There is no list of highways at all  on the Highways act 1980 so this is a deliberate strategy to debunk the fact that this road is not relevant land. VCS are put to strict proof that it is relevant land not covered by the Road Traffic Act nor by Byelaws. 34] there ican be no comparison between a railway station and an airport. Totally fatuous analogy.  35] yes the landowners can bring in their own terms but what the cannot do is overrule Byelaws and the Road Traffic Act. 39] surely the paralegal cannot be that ignorant of PoFA. If Bye Laws are involved then the bus stop is not relevant land and so the specious argument about FGW is rubbish   36] what on earth is he talking about with Permits. There is no mention of permits on the signage and even if there were  would it mean that Permit holders were allowed to stop on No Stopping roads? There are enough examples on CAG to counter act their idiocy on continuing charging the extra £60   46] VCS had NO reasonable cause to apply to the DVLA for the Defendants details. No valid  contract with the landowners No stopping is prohibitive therefore cannot form a contract the event happened on a bus stop over which VCS has no jurisdiction the signage either does not show that there was a charge of £100 for stopping, or the font size was too small for a motorist to be able to read it  the signage does not show the Creditor which fails the IPC CoP so not valid the WS contract does not appear to authorise VCS to pursue motorists to Court Given all these factors it seems that VCS have breached the GDPR of the Defendant quite substantially and it would appear right that an exemplary award is made against VCS in the hope that they will drop all further cases at Doncaster airport where they are pursuing motorists on non relevant land.   48] what is this guy on? You weren't in a car park you were on a bus stop 59] this case is totally without merit. I am not surprised that the paralegal will not be turning up. Some statements are pretty close to perjury and others are designed to mislead or misdirect. None of the analogies seem appropriate or relevant. Could have been said in at least half the time without the repetition and trying to make a case where none was there. One particularly bad example of misdirection was in the photographs. The Clearway sign shown near the bus stop is very unclear  unlike the Clearway sign two photos before it which may well include terms and conditions. The one by the bus stop is totally different.      
    • just type no need to keep hitting quote...   your defence doesnt need any return of docs.. carefully read what has been posted here and in the other threads i pointed to in your old thread merged here too.   redwood/harwood or STA or brachers.   just use our enhanced google search box.   uni fees is useful too.   this guy is just in front of you    
    • I have just spent last few hours registering and signing up and filling in all the details.   Below is a POC I have drafted.   The defendant is a parcel delivery company DPD (UK) LIMITED On 09/08/2021 the defendant agreed to deliver the claimant's parcel containing a PlayStation 5 Disc Version value £530, to an address in the UK. The delivery fee of £7.79 was paid by the claimant. Parcel tracking number: ???????? Parcel reference no: ????????? The defendant failed to deliver the parcel and have reported it as lost on 20/08/2021. The defendant refuses to refund the full value of the item and the delivery fee. The claimant seeks £530 being the value of the item, £7.79 delivery cost and legal fees.        (Sorry for being stupid but this POC is supposed to go where it says    " Claim details Why you believe you’re owed the money: " right? Reason why I'm asking is because I don't see anywhere it specifically says what are your particulars of claim)   Tomorrow being the 15th day, I will be ready to click it off (assuming the POC is ok)    I have read a few more hermes/packlink etc stories where they were resolved and gives me hope I will regain my lost money.  Will carry on reading up as much as I can.  
    • You don't submit a defence with the DQ...why are you going over old ground? Just complete the DQ as per my guidelines as posted above and file serve it a few days before 11th Oct.     .
    • Do we use the same defence. My concern is that it should not even be going to small claims court. The debt is for the company TME which had to close down as it could not sustain itself and they are asking my husband to pay for it personally.  There were also 2 other directors involved with the company.                
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Standing order V Direct Debit


snowy101
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Not sure if this is in the right section ... so apologies if not.

 

Can we as customers insist on a standing order as opposed to a DD.

I ask as i have recently been robbed by the DD system [ currently being dealt with by the Fos].

 

Surely we have the right to have tighter control over our own money? & if the SO is paid on time &

in full what is the problem?.

 

Middxx

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It is YOUR money and YOUR account you have an absolute right to make that decision.

 

Having said that, and, of course, I do not know the specifics of your query, many companies prefer a Direct Debit, some because the date/amount can vary, for instance some accounts are payable by the calendar month others, 13 times a year, so not date specific. There are also benefits to the account holder with a Direct Debit.

 

Other, less reputable companies like to get hold of your banking information for less than 'honest' reasons, it has been reported many times that 'allegedly' multiple payments, increased payments have been taken. This is the main reason why many people advising on CAG suggest Standing Orders as you give out much less information and we are, as you say, in complete charge of when payments are made.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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A direct debit and standing order are using the same account number and sort code.

 

The banks that offer either of these services can facilitate both. However the debt companies like Direct Debits so they can up the repayments by just notifying of the increase where as a Standing Order requires the account holder to increase and you have more control.

 

You can insist that you make payments via standing order or alternatively by sending a cheque or a payment monthly.

 

they would rather have a payment made than none at all.

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bdcarr[/left];3186054]A direct debit and standing order are using the same account number and sort code.

 

The banks that offer either of these services can facilitate both. However the debt companies like Direct Debits so they can up the repayments by just notifying of the increase where as a Standing Order requires the account holder to increase and you have more control.

 

You can insist that you make payments via standing order or alternatively by sending a cheque or a payment monthly.

 

they would rather have a payment made than none at all.

 

I was thinking more of payment to utilities providers, i don`t pay DCA`s a single penny:-D

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Hi middx

SO's are only good for fixed sums, DD's are used for payments whereby the amount varies each time eg Utilities/Phone

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

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

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Hi midxx

 

Companies can set their own T&C when offering services (subject to law of course).

 

You don't have to accept them.

 

Many companies will only offer services if paid for by DD or offer a discount by DD payment (they would argue that their costs are lower).

 

There are however various fuel poverty campaigns against a DD requirement because it discriminates against folk who can't make DDs (because for example they've been totally screwed by the banking 'industry').

 

Is there a practical concern underlying your question, although the 'point of principle' is interesting?

 

Best wishes

 

vic

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Hi midc

 

Companies can set their own T&C when offering services (subject to law of course).

 

You don't have to accept them.

 

Many companies will only offer services if paid for by DD or offer a discount by DD payment (they would argue that their costs are lower).

 

There are however various fuel poverty campaigns against a DD requirement because it discriminates against folk who can't make DDs (because for example they've been totally screwed by the banking 'industry').

 

Is there a practical concern underlying your question, although the 'point of principle' is interesting?

 

Best wishes

 

vic

 

Hi Victoria

 

I have no practical concerns but do have a case currently active with the FOS regarding car insurance

[ i have a thread running in the insurance section of retail, "1st quote robbed me" ].

It was just a general question really, my time as a member on GAG has hardened my opinions & attitudes towards financial matters & consumer rights. I just feel i /we accept certain practices that have the balance of power & control of our monies tipped too far in the favour of financial & service providers.

 

Middx

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I totally agree Middx

 

Listening to Obama last night with another $1 trillion of QE2: hey, a trillion here a trillion there, soon we're talking real money.

 

There probably is a need for a more co-ordinated political lobbying approach but that has its own dangers.

 

For the minute, I'm happy that CAG helps turn anger (developed through practical suffering) into practical action that challenges these robber barons.

 

There wouldn't be so many guest appearances if we weren't having some effect.

 

Best wishes

 

vic

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