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    • I’m tempted to send a letter to the company outlining the reasons why I think their PCN is illegitimate. I guess will technically be an appeal.  Their documentation states they won’t discuss over phone, I also don’t want them to have my email address.    re signage on entrance, having looked at land registry, the whole road is private, and when you turn into the road off the highway, there is a sign on the lamppost about 20m in, again not noticeable and on the other side of the road.  I feel like I am in a difficult position with this, I understand that I may have a good chance of not having to pay, but at the same token the stress this is already causing me makes me feel like it’s not worth the £60!
    • Well done with the photo. Of course the signage is insufficient.  PPM are not interested in competent management of a car park, they are interested in catching drivers out so they can issue their PCNs. For a start, according to their trade associations' Codes of Practice, they are supposed to have signage at the entrance. Any e-mail reply from the company and whether they will/won't/can/can't get the invoice cancelled?    
    • I will annotate the message I sent for the forum.  Sorry, didn't see this straight away...
    • I went back to the area, this photo is taken on entry. My vehicle was parked in the first space on the left.    Would you say there is sufficient signage ? It’s different to the street view as one sign is missing. The sign nearest to where I parked is 2.23m above ground! So even if the car had been reversed parked in front of it, I don’t think it could be seen. PCN PPM.pdf
    • Thank you. I expect that @dx100uk will be along soon to give advice. Meanwhile, I really wonder whether the default date – as being the starting point of the six years – something which has been decided in law. It has always seemed to me to be extremely unfair. According to the limitation act, the six year period begins from the date on which the cause of action accrued. This normally means that the breach of contract occurred. Section 6 of the limitation act says that in terms of loans, the cause of action begins on the date that the debt was "demanded". Over the past two years this has come to mean the date that the default notice was issued – but I have to say I don't find that very satisfactory. If you received demands for payment before then then I don't see why section 6 shouldn't refer to that date. Did you not receive any correspondence at all in 2017/2018? What was the value of the original loan – and how much you pay off? I see that there was some kind of instalment agreement. Tell us about that. See what my colleague @dx100uk says but anyway, if I were you I would send off an SAR immediately both to the claimant and also to the original creditor. It costs you nothing. There is no downside. Get in the post straightaway with some kind of utility bill establishing your identity. You can even include a copy of the claim form as well as proof of your identity
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    • 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.  

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      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.

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

      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

Link chasing Volvo (previously Mazda) finance - now claim form*** Claim Suspended***


Madge67
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Thanks

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Yes Madge...sooner if possible because you are using snail mail by completing the N9c...just follow the instructions as provided in the link.

 

Andy

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  • 2 weeks later...

I apologise in advance if if sound abrupt

i have a lot experience in this field haviing worked in the collections department for a premium brand car manufactuers finance office.

You dont have a defence as such,

you just need to make a payment now!

 

 

Have you been provided with a hearing date?

are you able to attend?

 

 

The thing in links favour is that its been years since you paid ,

regardless of whether you contacted them or not,

 

 

they advised you of there intentions and they gave you sufficient time to pay as you offered,

and you didnt pay anything at all.

 

 

I think your best course of action is to decide carefully if the car is worth the money left outstanding?

 

Good luck with your time order,

not sure if youve sent it yet

but if its turned down you may be liable for court fees in the event of a hearing.

 

 

All is not lost though, as long as you attend the hearing and show your ability and desire to pay,

you can ask the court to suspend any court order they make for returning the car.

 

 

Word of warning though,

this is called SROG (suspended return of goods order) and if you dont pay exactly as the agreement thats made with court

and your so much as a day late, you are in breach and the car can be recovered immediately.

 

 

One strike and your out. Good luck!

 

 

Hi Jas,

 

 

I think about 2011 or 2012 - it would have been nominal payments though.

 

 

I did try to engage with them in writing but they ignored my letters and just kept threatening.

 

 

I have letters and P/O recorded delivery receipts to prove it.

 

 

I offered them 100.00 pcm at one point which they ignored.

 

If all looks okay with the paperwork they have sent then the main thing is we want to keep hold of the car and make payments we can afford.

 

 

Madge

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Hi Jas

 

 

Thanks for this, I appreciate your thoughts and sharing your experience. I have sent the time order and told them why we haven't been in contact (I lost my little girl in 2013 so as you can imagine we've had a very traumatic time). I have requested that we can keep the car and make regular payments. I just hope they understand and have some amount of sympathy for our situation.

 

 

My hearing is 28th Jan. I get what you are saying about the car being worth what we owe but Link are asking for both the car and the balance.

 

 

I'm going to make a payment today - thanks for that advice. I was waiting until they agree or disagree. Naïve of me really

 

 

Again thanks for your help

 

 

Madge

 

 

xx

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I think I would agree pay too

if it was NOT link my money was going too

 

 

http://www.homesandproperty.co.uk/property-news/news/millionaire-debt-collector-digs-deep-south-Kensington

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Let you be the judge on that one madge, the fact that the owner is a millionaire and wants build a house will have absoulotly nothing to do with your hearing, good luck!

 

I think I would agree pay too

if it was NOT link my money was going too

 

 

dx

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  • 3 weeks later...

how did you get on today?

 

 

Hi Jas

 

 

Thanks for this, I appreciate your thoughts and sharing your experience. I have sent the time order and told them why we haven't been in contact (I lost my little girl in 2013 so as you can imagine we've had a very traumatic time). I have requested that we can keep the car and make regular payments. I just hope they understand and have some amount of sympathy for our situation.

 

 

My hearing is 28th Jan. I get what you are saying about the car being worth what we owe but Link are asking for both the car and the balance.

 

 

I'm going to make a payment today - thanks for that advice. I was waiting until they agree or disagree. Naïve of me really

 

 

Again thanks for your help

 

 

Madge

 

 

xx

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  • 3 weeks later...

Hi guys

 

 

Just to update you - We got a suspended order so we get to keep the car as long as we keep to the payments we have offered.

 

 

What confuses me is that if we fail, they get the car, it doesn't mention anything about the outstanding balance. I'm beginning to think that what Jasmine said about the car being worth what we held some weight

 

 

"I think your best course of action is to decide carefully if the car is worth the money left outstanding?"

 

 

Not that it makes any difference really, we want to keep the car anyway

 

 

Thanks everyone for your help, I'll be making a little donation to this wonderful site to show my appreciation

 

 

Madge

 

 

xx

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Thread title amended..I assume you are happy with the outcome Madge ?

 

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

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how about an sar now to the OC?

anything to reclaim penalty fees - letter/debt management/phone call..fees

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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What planet are you on? Why would she waste her time asking for a sar spending another tenner. Link havnt charged her any fees. Just accept the fact after all these years shes got her srog, agreed the money is owed, and started paying for the car she obviously likes. Madge, good luck keeping up with the payments!!

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nothing to do with link

the sar goes to the Original creditor

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Can we just clarify what madge will gain by doing this at this point fresh out of court having agreed to pay? As if mazda wouldnt have put a clause titled something along the lines of consequnces for late payment in the agreement? What waste of time.. SHES NOT GOING TO GET ANY MONEY BACK

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Less of the attacks please. If any penalty charges were levied then they can be reclaimed from the oc. Link and the court action they brought has NOTHING to do with it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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they are an unlawful penalty under fca rules and guidelines

no matter what any t&C's say

they can be reclaimed and challenged.

 

 

and a totally sep issue from any court case by anyone.

 

 

could be used by the OP to help pay off link

 

as there must be something up for a big multinational company

to sell a debt off to the biggest fleecers in the business.

 

 

sar time

fine toothed comb time

 

 

find out why it was sold

hit back.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Alright lets wait and see if madge manages to get any money back for any £25 charges she might have had.

 

 

If you think shes going to be able somehow get her debt wiped im sorry but clearly you reside within another atmosphere.

 

 

Dont see why she woukd want to hit anyone when she was given finance directly by yhe mazda.

 

 

im Sure shes got better things to do. MADGE?

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who said wiped?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 2 weeks later...

Hi everyone

 

I've only just checked back here and seen your posts following on from my last one.

 

There aren't any charges for us to claim anyway folks - we paid on the dot every month until the agreement ran out.

 

 

Then we couldn't afford to hand the car back with the excess amount they were charging

and they wouldn't let us have another agreement with another car.

 

 

When it got to link the only charge they popped on was the legal fees of £200.00.

 

Thanks for raising it though

 

 

Madge xx

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Many thanks for your response Madge.

 

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

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