Jump to content


  • Tweets

  • Posts

    • The "grief tech" firms helping users create talking avatars of their dead relatives.View the full article
    • I do disagree with you regarding one thing - we are not very good with letters or these situations and are slow on the uptake. So far you have stood up to Excel and their threats, immediately given us the information in the sticky, done loads of reading up to educate yourselves, learnt from the mistake of outing the driver so you'll know not to do so in the future, got on to the organ grinder to try to get them to call off their dogs, etc., etc.  Good grief - we wish everyone who came here would do this!!! Most people who get these invoices sadly think they have been fined and if they don't pay a drone from Ukraine will be diverted and will fall on their home (or some such vague grand apocalyptic threat) and they fold and give in.  You haven't.  Well done. Don't worry - you won't be paying a penny.  Although it will take some time to see off this vile company.
    • Spot on!  You learn quickly. Who cares if the case gets sent to debt collectors?  They have no powers.  All the effort you will have to put in will be to open envelopes - and then spend time laughing at their daft "threats".  No stress at all!
    • I did ask them why, but seems they have more spare cash than we do .. ;-( .. I doubt their bank would even support a chargeback after a year has passed. Anyway I've constructed my first DRAFT Snotty Letter .. so here goes ..   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you had added. Shall we raise that related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding the ANPR entry / exit periods compared with actual valid parking periods. Especially with no consideration of the legally allowed grace periods and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the issues with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture more useless ANPR photos. We will of course be requesting “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Legal Counsel on behalf of the Vehicle Keeper.  
    • Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!
  • 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

MBNA and Arrow Global - claim form received - bal prob all unlawful charges ***Struck Out With Costs***


MrHat
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3968 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

deleted - did not C&P well

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

Link to post
Share on other sites

  • Replies 614
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

How much is their Claim?

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

Right - I have entered all charges on to the spreadsheet that IMS posted on here. HERE ARE THE RESULTS

 

TOTAL OF CHARGES £ 1,272.00 TOTAL COMPOUND INTEREST £ 3,295.91 TOTAL CLAIM £ 4,567.91

 

Before Jul 06, all charges were £25 and totalled £900 (£3519 with compounded interest at 24.95%), then they went down to £12 pewr charge (I presume because of the OFT guidelines than came out back then) - which makes up the rest of the balance.

 

What now folks?

 

Hi Mr Hat

 

Next step is to send the spreadie with a preliminary letter of reclaim to the lender.

 

The template for the claim letter is in the CAG library....top of every CAG page in green

 

Does your figure exceed their claim amount?

 

ims

 

Link to post
Share on other sites

Andy - their claim is £1300 + court fee + Sols fee

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

Link to post
Share on other sites

just reading through the comms log and can see how they were chasing my mother for payment without my knowledge - you can tell from the comms log that they were trying to bully her even though the account had nothing to do with her. **** :-(

 

Can't believe they made her suffer, I feel guilty for that

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

Link to post
Share on other sites

Ok so now this changes the slant on your defence and will be a full unfair charges plea.With your defence you will submit a counterclaim

for the above value this is a part 20 CC.I will run through this with you over the next few days MR H.

 

Regards

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

Look forward to it Andy and much appreciated. Will work on this over the weekend myself.

 

How do you rate my chances. Is it still very much 'up in the air' with regards to them winning?

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

Link to post
Share on other sites

Adds a lot more clout and puts them on the spot rather than purely submitting a defence with no merit.

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

Hi Andy

 

Out of interest for my own records, and sorry to pop this in your thread Mr Hat,in your experience is this likely to result in them discontinuing when they find out that the counterclaim for unlawful charges far exceeds the claim amount?

 

Also got another thread you might like to look at Andy...want me to PM you with it?

 

Regards

 

ims

 

Link to post
Share on other sites

Hi Andy

 

Out of interest for my own records, and sorry to pop this in your thread Mr Hat,in your experience is this likely to result in them discontinuing when they find out that the counterclaim for unlawful charges far exceeds the claim amount? Not always depends how much front they have

but they usually back out in fear of judgment against and try to settle.

Also got another thread you might like to look at Andy...want me to PM you with it? PM away (not sure when i can back to you ims)

Regards

 

ims

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

Update on case status (as I don't expect people to read the whole thread)

 

1. Claim form received on 16th August from Arrow's reps for £1300

2. Claim acknowledged

3. CPR 31.14 (to get hold of docs mentioned on claim form) and CPR 18 (as suspect balance is mainly charges) sent

4. No response to SPR 31.14, chased, extension for defence agreed until 11 Oct - court notified

5. Told that no response to CPR 18 was forthcoming as 'no data on charges is kept' by MBNA (original creditor)

6. SAR response received direcly from MBNA (which I submitted prior to being served with claim) - shows substantial charges which exceed the amount claimed

 

Was about to send reminder for both CPR requests and give them 7 days or else N244 going in to get court to order compliance.

 

^should I still do that?

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

Link to post
Share on other sites

I personally don't recommend chasing they have had it and you can prove they have, they failed to respond and as so goes in any defence.

Talking of defense's when is your due MR H did you have an extension?

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

yes - agreed extension from 13 Sept to 11 Oct (28 days) and court notified (logged on my file)

 

When I chased CPR31.14 they said they would need up to 6 weeks to get hold of docs :o

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

Link to post
Share on other sites

yes - agreed extension from 13 Sept to 11 Oct (28 days) and court notified (logged on my file)

 

When I chased CPR31.14 they said they would need up to 6 weeks to get hold of docs :o

 

Well that goes in the defence, issuing a summons with no paperwork ( mind this is Arrow:roll:)

Plenty of time them to rustle a good response.

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

The charges I can see only go back to 2004. God knows what I was charged between 1999 and 2004.

 

Reading the comms log they supplied shows an history of extreme harrassment of me and my family (who I haven't lived with since 1997 (b4 accout opened). What a horrible company MBNA are. Surprised they are happy to share that comms log with me to be honest.

 

Andy - thanks for your advice so far (and also ims, brig etc). I have a few qs as to my next move and the timing of it. They can wait for now.

 

One thing for sure - I will be donating to this site if I can rid myself of this shower

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

Link to post
Share on other sites

The charges I can see only go back to 2004. God knows what I was charged between 1999 and 2004.

 

Reading the comms log they supplied shows an history of extreme harrassment of me and my family (who I haven't lived with since 1997 (b4 accout opened). What a horrible company MBNA are. Surprised they are happy to share that comms log with me to be honest. Count yourself lucky you got Arrow could have been Pestons:!:

Andy - thanks for your advice so far (and also ims, brig etc). I have a few qs as to my next move and the timing of it. They can wait for now.

 

One thing for sure - I will be donating to this site if I can rid myself of this shower

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

I have been reading THE thread Andy so know what you're on about :0

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

Link to post
Share on other sites

Trying to do some research into defending and counter claiming in a situation where balance is made up of charges. Are there any similar threads where people have been successful in this type of situation?

 

Considering that Arrow bought the debt and that the charges were by MBNA prior to sale, is it still right to counterclaim to Arrow who brought the claim or would I need to defend Arrow and start a new claim against MBNA directly?

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

Link to post
Share on other sites

bump

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

Link to post
Share on other sites

Hi all, In addition to my Q in post 193, I note that now I have received SAR responses from Arrow & MBNA - there was no letter of assignement of , default letter or termination letter in either bundle. Where does this leave me? Wonder if they will now magically find them...

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

Link to post
Share on other sites

Defend and CC the Claimant, they are now the owners.

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

Any examples of a defence based on a similar situation? Or should I have a stab at drafting one from scratch? At the moment my main points are: no CPR responses, no letter of assignment or default notice proof, no complete list of transactions that justify the balance. Counterclaim is based on what info I do have and is for the full balance plus compound commercial interest. How does that sound?

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

Link to post
Share on other sites

Edit to suit Mr H

 

Regards

 

Andy

 

 

[ATTACH=CONFIG]30293[/ATTACH]

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

Cheers Andy. That's my homework for tonight!

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...