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    • Thanks for posting up the back of the NTK. The good news s that as it does not comply with the Protection of Freedoms Act, it means that you are not liable for the charge as the keeper as I explained in a previous post.  The PC fails for two reasons. The first is that it does not specify the period of parking. All it does is list the arrival and departure times of your car. Obviously that does not include the time taken to drive to the car parking space, manoeuvre the car into the space and later drive from the space to the exit. Nor does their times include things like getting kids disabled people out of and into the car as well as things like returning the trolley whilst still being parked. All of which can add a fair bit of time to the parking period which can then be subtracted from their ANPR times and makes your actual parking time a lot shorter than 118 minutes they seem to think it is. The second reason is that they failed to ask the keeper to pay Schedule 4 Section 9 [2][e]  (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 You as keeper are now in the clear which is a good reason for you to contact Sainsbury  stating that you are being pursued as the keeper when you are not liable under the Act as well as the oher things I suggested in my previous post. If you don't get it cancelled with Sainsbury this could drag on for months with endless letters unlawfully pushing the price up to scare you into paying.  
    • Brilliant! That's great to hear and honestly pleased I'm wrong, my advice was out of concern. I checked some of your previous posts last night and you've been giving great advice to others at times. Bringing a claim can be serious (counter-claims etc) and it didn't appear you were knowledgeable based on posts so far. Far from an expert myself, just interested and will try to help. I'll sit on the sidelines, best of luck with the claim!
    • Thank you so much for the advice  I will try and up my savings to £500 for the next 6 months. Although I do still have an uphill battle, I feel more able to deal with it.  I hope my experience with the cifas marker helps someone else who finds themselves in that quite horrible situation. It is a huge weight off my shoulders getting it removed.
    • Believe it or not, fully familiar with the County Court process. My posts were seeking confirmation by asking questions, nothing more as an aid to people who look at this thread in the future. People should not jump to conclusions.
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      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.  

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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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HFO Capital/Services/Roxburghe - OFT Minded to Revoke Licences!


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Surely if a solicitors firm SOLELY does debt collecting (and I can name a few) then they MUST have a separate licence. Its a bit like a bus company only licencing one bus when they need to licence the lot - cheapskates or what.

 

Should hopefully be a nail in the coffin to the 'in house solicitor teams' operating under a group licence or a group SRA licence... and certain other firms profits would be hit by having to pay out licence fees.

 

The OFT seem to be developing teeth.....

 

Must be all that "training" they are getting :-D

 

S.

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No wonder the SRA are above useless when they can’t even spell.

Bellow is taken directly from the SRA site.

The Law Society's consumer credit group licence has been varied to include the two new categories of ancillary credit business which came into force on 1 October 2008. The two new categories covered by the group licence are "debt administration" and "credit information services". The validity date on the current group licence has expired, but the Office of Fair Training (OFT) has confirmed that it remains in force while the OFT considers our application to renew the group licence.

And again

The group licence covers these activities provided that they are carried on in the course of practice as a solicitor. The SRA has applied for the group licence to be renewed on essentially the same basis, but the Office of Fair Training (OFT) has expressed concern about whether firms that undertake debt collection as part of their core business should be covered by the group licence.

I think someone in the SRA needs some training lol.

 

If the SRA can’t spell Office of Fair Trading they should stick to OFT.

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  • 2 weeks later...
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Just been looking at the OFT's latest CEA list, and it appears that after any MTR status has been arrived at (which as we all know is quite a serious stage), in the majority of cases whether it be a revoke, refuse 1st application or refuse renewal, the trader has not retained thier licences. They are recorded subsequently as application withdrawn, licence surrendered etc etc. There appears to be no coming back after the OFT decide this. If the internal appeal / adjudication stage can't be overcome, then thats it game over. From my own knowledge of these cases, I am predicting an outcome with similar determinations as given out to (albeit by the Courts) the director of LNS last December. This went criminal and was heard in Southwark Crown Court. We will have to wait with baited breath and see. It would be a major result for the oppressed "little man" if all thier charging orders were forced to be lifted and overturned as in LNS case. If the OFT can do it in that case then it can be done again and again to any other DCA who chooses these modes of operation that we have all been on the receiving end of.

There appears to be light at the end of the tunnel with HFO

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As members of the site team have pointed out there will be a ''Phoenix'' company rising from the ashes of this.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Very true, probably been set up around January time (I suspect - good for tax too...)

 

HFO have proved to be very devious with the inter-company transfers, and maybe this particular business model will be seen as a failure.

 

Are we going to have a site meet up to celebrate their demise?

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As members of the site team have pointed out there will be a ''Phoenix'' company rising from the ashes of this.

 

That all may be well and good, anyone can register a quick ltd co, but the big problem arises as to who will front up and meet the strict criteria for the CCL ?? Im sure that as soon as this happens, if at all, we will all be there to start a "round 2" if they misbehave !!!!

There appears to be light at the end of the tunnel with HFO

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Surely there must be a way we can object if they apply for a CCL for a phoenixed company? Otherwise it makes a mockery of the whole thing - as it is you have to break every rule in the book for literally years before the OFT do something. If they can then just go out and start over, then there seems little point in having the OFT at all :(

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There is by keeping up the complaints to the OFT!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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The FSA have stated they will not or cannot act in this matter and passed me on to another goverment organisation ? perhaps it is because they are already looking at them , but i have streniously made them aware and i explained that i beleive they are partially accountable if they refuse to act sooner rather than later i have also sent notification to the MINISTRY OF JUSTICE and asked them if they have been made aware of the situation concerning Alice i as yet await a reply concerning the POSSIBILITY OF UNLAWFUL CHARGING ORDERS

patrickq1

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