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    • own topic created  tnx the info. dx  
    • this debt: MBNA Bank of Scotland Card debt- LInk got a CCJ - now want payment review - MBNA - Consumer Action Group and a barclaycard loan - did you ever send the a CCA in all these years.....when was it taken out?    
    • Welcome to the Forum. The PCN must be subject to Bye laws as the warning near the bottom of the PCN does not comply with the protection of Freedoms Act 2012 Schedule 4 Under Section 9 [2][f[] of the Act it should say: (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver ,the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Their version states they are pursuing you as the driver [because of the Bye laws they cannot transfer the liability from the driver to the keeper] even though you are the keeper. Should it go to Court Judges do not accept that the driver and the keeper are the same person. Obviously on many occasions another member of the family may be driving instead of the keeper. Indeed anyone with a valid motor insurance policy is able to drive your car. if any of the three cars were not driven by the keeper they are not liable to pay the PCN only the driver is.  as long as they do not divulge who was driving those lovely people at Alliance haven't a hope of winning against them in Court. What a shame. However while those keepers who were not driving are in the clear all is not lost for the other keeper drivers. Alliance still have to prove who was driving which is difficult providing those keepers do not appeal.  It is quite often that on appeal the keeper may say "I entered the car park at....."  immediately giving away that they were the driver. Plus even if you appeal it won't be accepted as a] they lose £100 straight away and b] mostly all the major car parking companies are dishonest scrotes. In the meantime you will be on the receiving end of threatening letters from Alliance, unregulated debt collectors and fifth, sixth or even lower rated solicitors all trying to frighten the life out of you to cough up. They can all be safely ignored since if you don't contact any of them they don't know who was driving so have no information that the can use in Court to identify the driver. Some time in the future they may send you a Letter of Claim which must not be ignored. Just let us know and we will advise a suitable snotty letter to send them which will show that you are not afraid of them and are happy to turn up in court knowing that you will win. Sorry it was a bit long winded.  
    • He’s still At it from a bungalow on Haslingden Road. Changed name to Bamberbridge cars with a Preston based phone number (01772) but dodgy dealings at the bungalow are still a go.
    • Britain faces new challenges from an older and sicker population, according to a new report.View the full article
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I had a second charge on my property via a loan with these people,received my statements but the charges dont add up I was aware of the erc in the contract.


Are you /were you in a similar position as I am unsure whether my claim should be the ERC only the charges levied to the account only or a combination of both.

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They were my only lender. I think the idea is that any excessive charge which does not approximate to their acutal loss as a result of redemption is unacceptable. To my mind, this would include any exorbitant charge - bank charges, ERC, interest on ERC, very high penalties for non payment of this or that. Please note, I am no expert however and this is a very new area of consumer action / enquiry.


If I were you, I would ask them to specify all costs charged you think are over the top.

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  • 1 month later...

9/11/06 A letter out of the blue...


'Early repayment charges are standard in the mortgage industry and the sales person who sold you your mortgage would have made you aware of their existence. The level of early repayment charges are clearly stated in both your T&Cs and in your mortgage information booklet - both of whic you received prior to your mortgage commencing. I have enclosed copies of these for you. The fact you would be required to pay and ERC on early settlement was also discussed in your welcomoe call, you confirmed your understanding of our early repayment charges during this call.


ERC are designed to help us recover the costs of customers settling early. These costs include:

1) The cost of specialist reseources we use to set up our loans and assess our risks

2) Our administrative expenses in maintaing your account

3) The commisions paid to intermediaries on loans which complete because (a) the specialised loans we make involve intermediareis carrying out more work than normal (for example to satisfy ouro need to make sure you can meet your payment obligations), and (b) a high percentage of loan applications do not result in a loan being made, so the broker will receive no comomision on these, even if he has done almost all of the work

4) An element of our loss of profits caused by you repaying the loan early.


In light of these costs, we will not be looking to refund the ERC.'


Interesting design I would say - a very useful breakdown of the components of their costs, which i haven't seen anywhere before.


I see though he has excluded the profit element. It all sounds very plausible until you realise it may well be against the law because they are only allowed to recover a reasonable pre estimate of genuine loss, which does not include profit for anyone.


With regards to disclosing actual costs:

1) the cost of specialist resources we use to set up....I presume this refers to underwriters specifically because all legal and valuation expenses are paid by the applicant. There is a further admin fee paid by the applicant to cover the process of application, assessment etc. At least that is how they explain the charges. So what other specialist input / cost might this refer to?

2) Our administrative expenses in maintaing your account.....Once the account is all set up, this must be purely IT driven as long as there are no manual interventions. For an automated process, the cost must be peanuts.

3) Our funding costs....Em, they borrow at low interbank rate and lend to me at a higher rate. Where is a cost to them in that? I think they mean I have cost them profit. Yes, they have to endure costs to be in business and that should be covered by their pricing of the products. I am not arguing with the pricing but the penalty element.

4) The commissions....am thoroughly confused by this one. If further surveys etc are required. The applicant pays up front. The broker may or may not get a fee depending on the type of mortgage. I paid direct to my broker and so compensated him directly. Commission paid by the mortgage company is surely like any other cost to bring the product to market, especially if they will only offer the product to the market via a broker.

5) An element of our loss of profits caused by you repaying the loan early. As far as I understand the law, this is illegal. They cannot make me compensate for lost future profits, which they would have got if I had not terminated the loan when i did.


All in all I think the pricing of their products would cover their working costs to offer, process, issue and maintain my mortgage. If not, that is not my problem. If they issue a loss making product to induce people to sign up, they cannot then get you to compensate them for lost profits, only actual losses. And they cannot charge twice for each element of cost. Nor can they say I must compensate them for all their costs after he fact, when they issued a loss making product to the market. Nor charge me for future profit lost.


Any comments much appreciated.


Will sit tight and wait for their acknowledgement of service.

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