Jump to content


  • Tweets

  • Posts

    • Peter McCormack says "ambition is big" and Real Bedford's attendances are increasing with promotions.View the full article
    • How does one obtain the permit? The permit team number is only open between the hours of 9am to 3pm Mon - Fri. It says on the website, To obtain an additional 2 hours, the driver must pay a tariff of £3.00 + booking fees in person at our Security Hut, is that how you get the permit also, from the security hut? What a rigmaroll that would be but maybe just another step to take to try and catch people out?
    • Anotheruser0000 bear in mind that not all Judges are equally versed in the PoFA regulations. Fortunately now most of them are but sometimes a Judge from a higher Court sits in who is well experienced  in Law but not PoFA. and so they sometimes go "offkey" because their knowledge can raise a different set of arguments and solutions. It does seem particularly unfair  when the decision is so  bad . it can also be that in some situations the motorist being a lay person is not sufficiently know ledgeable to be able to counter a Judge's decisions in a way that a barrister could.
    • The argument about the date of receipt is now dead because the PCN  does not comply with the wording  of the Protection of Freedoms Act 2012 Schedule 4.  First reason Section 9 [2] [e]  "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges;" Second Reason Section 9 [2][a] "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;" All your PCN does is mark the time you entered and left the car park. It does not include all the myriad things you do in between-driving into the car park, looking for a parking space-perhaps a disabled space or  parent and Child place@ getting the children or disabled person out of the car then going shopping. Coming back; loading the car with shopping [, getting the children or disabled into the car, taking the trolley back to the store; driving to the exit perhaps stopping to let vehicles/pedestrians cross in front of you etc. so subtracting the driving times from before and after parking can make quite a difference from their time to the actual period parking time. So the upshot is now that only the driver is responsible for paying the PCN and the keeper is not liable at all even if the name of the driver is never known by Nexus so well done for not appealing. You obviously want to keep it that way to make it very difficult for them to win in Court if it ever goes that far. Although your question is now moot since  the same objective has been achieved by the non compliant PCN [ie no keeper liability] just  about the only way to dispute the timing of the PCN would be if one kept the envelope and there was a discernible date stamp on it that did not match the date on the PCN. There is a new Act coming out [and it cannot come quickly enough ] and one of the things required is that parking companies will have to prove the date of sending out their PCNs. We are not the only ones who sometimes doubt the veracity of their dates particularly as the later it is sent [unlawfully] the shorter the period motorists have to benefit [?] from the reduced payment. I haven't seen it on your posts but do you know how long you are permitted to park for free?
    • I was so annoyed and frustrated about the fact this case was lost it's been floating around my head all night. Dave962, are you sure that's what the Judge said? .... It doesn't make sense. Did the judge in fact dismiss the case on the grounds that the defendant did not make an appeal within 28 days? Effectively telling the PPC about the error entering the registration number and providing proof of payment at that time? To me, that's an important point.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

DMP is it time to ask for some help


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4870 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi guys,

 

I have been trying to sort my debt out myself. Currently at £16,500.00 made up from two loans, three credit cards and three cats and 1 store card.

 

I have sent SAR requests to all, currently about to send lba to a few as I am that far down the route. Have wrote to my Barclays loan explaining my current situation and included a I&E asking them for reduced payments for a few months.

 

My problem is that although I have the fighting spirit, it is starting to get me down. Mercers have started ringing and the lady on that end managed to get my into a fight as I am stressed at the moment. I have found I am not sleeping so well.

 

Do you think its time to call in CCCS or CAB and if so who do you recommend?

 

Many thanks

:|

Link to post
Share on other sites

Hi there, hope you're feeling OK!

 

Have you had a read through my debt blog? If not you can find out about your options by doing so. The golden rule is to only ever communicate via letter, avoid the 'phone calls. You can either do your own DMP or use a free service. If you decide to 'go it alone' you'll get plenty of support from us lot!

 

Let me know what you make of my blog!

 

best wishes,

 

Seq/

Link to post
Share on other sites

Thank you very much.

 

I am feeling ok, just a little stressed .

 

I have been using your site with regard to claiming back charges and you guys have been fantastic. I will have a read through your blog.

 

I have told Mercers that I only wish to communicate through writing and have wrote to Barclays and have the letter saying that they will remove my number off their system but they have started ringing again!

Link to post
Share on other sites

Well, I hope we can make you feel less stressed. I'm sure you may already know that Mercers ARE Barclays. Same people. Same office.

 

DMP's are very good, and I'm glad you're aware of the firms that provide them for free.

 

Keep us updated!

Link to post
Share on other sites

That I can appreciate. Let me know what you make of the blog, I would REALLY appreciate it!

 

 

I will just chip in here and say that i have read your blog and found it a godsend. Really really helpful. I have yet to make a decision on how to handle my debts as i am worried about getting another mortgage deal next year and am just limping on but your blog really is the place to start.

 

Oh, and good luck to the Op on their journey :-D

Link to post
Share on other sites

I will just chip in here and say that i have read your blog and found it a godsend. Really really helpful. I have yet to make a decision on how to handle my debts as i am worried about getting another mortgage deal next year and am just limping on but your blog really is the place to start.

 

That's really good to hear, it's still work in progress. As far as mortgages are concerned I'm sure your current lender will remortgage you without too much of an issue. I appreciate the difficulties in moving elsewhere with bad credit :(

 

Welcome to the forum by the way!

Link to post
Share on other sites

Haven't had a chance to read your blog, but will be reading it tonight as I have my serious head on today instead of my feeling sorry for myself head. Plab to sit down with a coffee and read through it.

 

I'm stuck with my mortgage lender anyway as I have a Northern Rock together mortgage boo

Link to post
Share on other sites

Haven't had a chance to read your blog, but will be reading it tonight as I have my serious head on today instead of my feeling sorry for myself head. Plab to sit down with a coffee and read through it.

 

I'm stuck with my mortgage lender anyway as I have a Northern Rock together mortgage boo

 

Remember that the unsecured part of the together mortgage is unsecured, and thus a non-priority and thus goes into a DMP (or whatever arrangement you choose) too

Link to post
Share on other sites

I thought that would have effected my mortgage.

 

When we weren't working we missed a few months payments and then rang us up and said unless we paid that part of the mortgage they would make it a secured loan. We struggled every month to find that payment even though we were on job seekers allowance. This is part of the reason why were are iin so much debt. Gas and elc bills, unsecured part of my mortgage they all went on credit cards as we were just trying to keep a roof over our heads.

 

I wish I knew then what I know now!

Link to post
Share on other sites

I thought that would have effected my mortgage.

 

Historically Northern Rock were qutie precious over the unsecured element of the together mortgage, we lobbied them and lobbied them until they agreed that the unsecured element had no bearing on the secured part. This means that your mortgage is fine so long as you keep up with the instalment.

 

I actually have a letter in my possession from them stating that so long as you follow the correct process (e.g. pro-rata offers/DMP etc) they will not take further action on a together unsecured element. This policy has changed, they used to be quite hard to deal with. They are now one of the best!

Link to post
Share on other sites

Definitely will. Can I still claim back charges on Credit and store cards under a DMP?l

 

Yeah. You sure can. You are supposed to use any reclaimation money to reduce your overall debt. If a creditor tries to simply refund this money against their own agreement you should argue and state that you would prefer to pro-rata the lump-sum against all of your debts.

Link to post
Share on other sites

All forms filled out online with CCCS. Just waiting for paperwork to come through post now. Will still be on here though as you guys have kept me sane and besides still going after the sharks for my charges back! Am going to challange Barclays over my reserve fees next...........I feel now that as I will hopefully be able to fend of the letters and telephone calls with my DMP I will have more fight to go after them for MY money :madgrin:

Link to post
Share on other sites

  • 1 month later...

Takes some setting up a DMP! Spoke to them a few times on the phone and I must say very helpful. They talking me though Court Papers recieved from a Argos card and told me what to offer. Might be able to sleep again now thats in the post!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...