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    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
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Regal Credit Consultants


parky22
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Hi all

 

My husband hired a car in April 2011 for our week's holiday to Wales. We got a flat tyre, had to get it repaired on hol and when we handed the car back they said all was OK and gave our deposit back.

 

However, at the end of July we had a bill for £136.55 for the new tyre!! It gave us a week to pay or they would auto-debit our card. To avoid this as we disputed it, we cancelled the bank card and then today we had a letter from Regal.

 

I am still not going to pay, as the contract in my eyes does not specify that flat tyres have to be paid for (and the split in the tyre could have been there before we took the car for the week as it may have been on the underside of the car when my hubby checked it) and besides which, they gave us our deposit back!!

 

All I really need to know here is what action can Regal take? I'm not worried about bankruptcy or anything like that as we have both already been made BR. What else can they do? Are there limits for certain types of action (we owe £136.55) to be taken and could this fall under it?

 

Sorry if this sounds flippant, but we paid enough for the car and they chose which car we had and I didn't really want low profile fancy alloy wheels with their equally expensive tyres!!

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Hi parky

 

When you take a rental car out you have to check it with the rep and then sign the report

 

When you return it the rep checks the car and if they agree with the faults/defects as listed and there's no other problems they sign the sheet off . . PLEASE say you still have the check sheet that they counter signed upon your return

 

The fact that they accepted the car back as it was and paid back the deposit back is (As far as I'm concerned) the end of the matter as your transaction/contract has ended and you have no other liability to them, if they made a mistake that's tough

 

If you've got that check sheet just send a copy to Regal and tell them to prove you owe anything

 

Good luck

 

R

 

ps What company was it

[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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Got to agree with Revenant here - they accepted the car back, no liability for you.

As with Revenant, did you keep the sign-off sheet? If not then dont worry too much as any liability you could have held would have been discharged when the rep accepted the car back without comment.

Just one point though - what incident gave the hire firm reason to bill you for the tyre? How did they know? A tyre repair is not generally obvious to the naked eye.

Did you do the "right" thing and tell them about the repair? If so, then they should have noted it on returning the car and billed you ( or not) according to the T&Cs.

But logically, if you have written documentation where the hire firm have accepted the car back without mention of the tyre, you can probably tell them to get stuffed. But it would serve you well to check the T&Cs first just to see if they have included any caveat or rider that allows them to accept the car back as sound "in principal" but with the option to change their mind upon further examination - and if such a clause does exist, deny everything as long as you havent provided any previous written statements to the contrarary!

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Firstly write to state that this matter is formally disputed,

and that you do not acknowledge any liability to any company.

If you have the sign off documents send copies of them.

Copy to the hire company.

This often an easy way for hire companies to get their

vehicles back up to standard, a damaged tyre is fair wear and tare,

and you should not be held liable.

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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Thanks for your replies, I will find out if we have a copy of the sheet - I know we did but I would think they could provide us with a copy anyway. It was Enterprise, who we have used several times and have never had a problem with.

 

When we arrived at our destination, we heard a hissing sound and my husband found a nail embedded completely into the tyre (could have come from anywhere but I hasten to add that the caravan we stayed in was not maintained very well and the grass 'parking space' was very overgrown). We rang Enterprise (head office as branch was shut) who advised us to call the AA/RAC whoever to put the spare on for us. We then had to wait until the Tues to go to the garage (after the Sat we had the puncture) as it was Easter Bank Hol. We were advised by the breakdown company not to use the car until then as if the police saw us with the spare on for any other trip than to a garage for repair then we could get pulled. So we lost 2 days use of the car as it was.

 

We went to the garage on the Tues, rang the local branch to ask what to do (and obviously the garage themselves rang them for authorisation to complete work etc) and the lad told my husband he didn't know whether we'd be charged or not.

 

When we returned the car, the sheet was signed off (as the car had a brand new top of the range tyre as they said it was not repairable) and our deposit returned.

 

3 months later and we get a bill and the branch manager told me we were lucky to have been billed only £136.55 as our excess was actually £600 and they could bill us for that.

 

Just trying to find out what powers Regal have as that is the pressing issue at the moment and my husband wants to pay this now, to avoid further action, but I am keen to dispute it.

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Firstly write to state that this matter is formally disputed,

and that you do not acknowledge any liability to any company.

If you have the sign off documents send copies of them.

Copy to the hire company.

This often an easy way for hire companies to get their

vehicles back up to standard, a damaged tyre is fair wear and tare,

and you should not be held liable.

 

I wish we could argue this point, but the contract says 'damage' (will be billed now or later) and does not define what would be considered damage/wear & tear. Personally, I look at it like this - if you would normally claim on your car insurance then it is DAMAGE and if not, then it is wear & tear. However, as I have no legal knowledge I doubt I am correct! But there are many definitions lacking from the contract we signed.

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Regal have NO legal rights or powers to do anything other than send you computer generated threat letters purely designed to intimidate and psychologically threaten you.

 

I am with you on this one, I wouldn't pay a penny, their T&C's appear to me to be unfair, why has it taken them three months to provide you with a bill for a tyre?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Are Regal not able to take us to court or send bailiffs etc?

 

God no! To send bailiffs, they will have to have taken you to court first, and even then they have to win a court judgement (CCJ) and even after that you would still have to fail to comply with the CCJ, and they would STILL have to go back to court, for a Judge to decide on the best course of action to recover the money, and ONE of the options would be Bailiffs...

 

Relax....

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Do you think it is likely they will apply for a CCJ for £136.55? Or will Regal start adding fees on to make it more to make it worthwhile? Shall we ignore Regal?

 

Regal are unable to add anything to the outstanding fee, these clowns are not bailiffs, banks or any credit services, you have NO contract with them, therefore they are unable to add/apply any fees or charges to this alleged account.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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OK since yesterday morning we've had a call on our landline every hour up to 10pm from an unknown number, which I tend not to answer. Is this likely to be Regal? It is possible that Enterprise rent a car gave them our number.

 

Also, what will happen if we don't pay and ignore Regal? I'm not bothered if they come to the door, we have a rather large and mad dog who will sort that situation out. I'm not bothered if they ring, I'll just hang up or bar their number.

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Up to 10pm!! It is clearly an auto dialler that they must use then, if they ring again after 9pm I would be inclined to answer it and see if you get an response, if it is a silent response then contact Ofcom and report it, get them a fine.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...

Hi there

 

We got a second letter from Regal today advising us that they will advise their client, Enterprise, to apply for a CCJ against us. Will they actually do this? We owe £136.55.

 

Won't ruin our credit as we're both bankrupt anyway, so not worried about that side of things just don't want to pay for this when they could have had the money in April!!

 

Thanks

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IMO this is simply more psychological trivia printed in the hundred of thousands daily, CCJ my backside, they are deluded as they are immature.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Idiots, what do they think they are going

to achieve even if they get judgement and costs

and £1 a month is it worth the trouble.:madgrin:

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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Hi all

 

Thanks for all your advice along the way, my husband has given in and paid it today. As they may have applied for a CCJ or visited the house and as we have much more serious stresses to deal with at the mo.

 

At least it's all over now

 

Regards

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OK your call, none of us are in your position, just a shame as they will continue to con people out of their hard earned. Not to worry. They wouldn't have got a CCJ neither, nor would anyone with any legal knowledge have ever turned up on your doorstep.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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