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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      MET CCTV PCN Starbucks closed - Southgate Park CM24 1PY

      By lookinforinfo · Posted

      You will probably get a couple more reminders followed by further demands fro unregulated debt collectors with even increasing amounts to pay. They are all designed to scare you into paying.  Don't. It's a scam site and they do not know who was driving and they know the keeper is not liable to pay the PCN. Also the shop was closed so they have no legitimate interest in keeping the car park clear. So to charge £100 is a penalty as there is no legitimate interest which means that the case would be thrown out if it went to Court.  Keep your money in your wallet and be prepared to ignore all their letters and threats. Doubtful they would go to Court since a lot more people would not pay when they heard  MET lost in Court. However they may just send you a Letter of Claim to test your resolve.  If yoy get one of those, come back to us and we will advise a snotty letter to send them.  You probably already have, but take a look through some of our past Met PCNs to see how they are doing.
    • Jaksmyboy
      IVA failure-DCA chasing-advice please

      By Jaksmyboy · Posted

      Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
    • Malocclusion
      MET CCTV PCN Starbucks closed - Southgate Park CM24 1PY

      By Malocclusion · Posted

      hi all just got the reminder letter, I have attached it and also the 2nd side of the original 1st pcn (i just saw the edit above) Look forward to your advice Thanks   PCN final reminder.pdf pcn original side 2.pdf
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      The Senate Finance Committee wants answers from BMW over its use of banned Chinese components by 21 June.View the full article

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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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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      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Cap1 & CCA return

tamadus

By tamadus
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dave

dave

Posted
Posted
I think he requested them to be removed.

 

Indeed that is the case.

 

Some of his posts also broke the forum rules, in regards to trying to get people to sign up to his services.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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ncf355

ncf355

Posted
Posted

IMHO the service on offer is way below the results I have personally achieved via advice from this site and my own research

 

The part about not guaranteeing credit file clean up is particularly hard to take, this would be something I would insist on in any case I took to the lender

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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FANTASY CHARGES

FANTASY CHARGES

Posted
Posted
well here are a few secrets

 

http://www.consumeractiongroup.co.uk/forum/mbna/61752-old-mbna-application-form.html#post1341000

 

note for those that read "on the surface" this thread starts in 2007 not 2008

 

 

SADLY the person(s) who posted under the name CREDITCARDKILLER ( commencing in January 2007 & ending in Jan 2007 until the recent revival-- three original posts? ) have decided to have all the posts he/she/they have posted under that individual "nom de plume" deleted from this forum.

 

so the link above to when they asked for copies of old MBNA application forms (was it pre 99 or pre 2003) and referred to direct marketing of these application forms is no longer there

 

remember MBNA took over THE SERVICING OF abbey halifax alliance & leicester (any more) around 2003 ?

:cool: sunbathing in juan les pins de temps en temps

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BigBadCAGBagger

BigBadCAGBagger

Posted
Posted

CreditCardKiller is still watching this thread though.

 

Maybe we should all take the fact that threats of litigation get people nowhere, especially as after a little bit of delving most 'services' such as this may not have the legal footing (i.e. regulatory clearance) they may well require.

 

The fact still remains that the registration of the CCK trademark predates all posts on this site by nearly 3 years and that litigation hadn't concluded until this year. Things like that do lead me to believe that the business plan was present long before any legal ruling and that the 'holy grail' of court rulings came by way of an accident. I can't remember how many charging orders it was, was it 2 or 3? We're there other DCA's involved?

 

At the end of the day, if you come out of hiding (and with the help of information gleaned from this and other sites) stating you have found the elixir of life and that you are intending to charge for this, is anyone surprised at the response you get? I wouldn't be.

 

I thought you couldn't be an IFA if you had a CCJ?

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Juslookin

Juslookin

Posted
Posted

I see my post containing threads to all this capital letters and strawman account have been removed.

 

Should anyone require the links. please PM me .

Not sure why they were taken down, they were only informative links explaining the difference between the strawman account ( in Caps) and the human being account ( in lower case)

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dave

dave

Posted
Posted
I see my post containing threads to all this capital letters and strawman account have been removed.

 

Should anyone require the links. please PM me .

Not sure why they were taken down, they were only informative links explaining the difference between the strawman account ( in Caps) and the human being account ( in lower case)

 

I'll find out why.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Having_A_Knightmare

Having_A_Knightmare

Posted
Posted

I thought I would post my reply from OFT regarding a complaint I made about some advise a member of staff made.

 

I am going to reply to OFT as I am not happy with the responce but one thing has intrested me on page 2.

 

It says " This prevents enforcement with or without a court order".

 

Does this mean a creditor has a CCJ on you and they have no agreement can they still enforce it??

 

Also any views on the comments regarding the copy docs 1983

 

img075.jpg

 

img076.jpg

Click here for great help:razz:

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

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tifo

tifo

Posted
Posted

First they say it needs to be a 'true copy' then they say it can be a 'generic' copy. So if the creditor doesn't have a true copy how does he know what was really on it?

 

Secondly, they say the debt cannot be enforced 'with or without a court order' then they say it's up to the court to decide.

 

Why don't they make their minds up ...

 

As for enforcement after a CCJ, i've always been told on here that it has already been enforced and the time for a CCA etc. was at the defence stage. Someone may correct me on this as in many cases new info comes to light later which affects a claim.

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Goldlady

Goldlady

Posted
Posted

My understanding of what they have said is that to comply with your CCA request they can send you what is described, however on page two it clearly states that they must have a signed copy to show the court. Which backs up what we are all thinking.

 

However, I also understand that they cannot suddenly produce the signed document in court if they have not already supplied you with a copy - as what they send in response to your request should be that copy. Or is that only if you ask for information under the CPR?

 

If I am not making any sense please ignore me - it has been a long week;)

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Having_A_Knightmare

Having_A_Knightmare

Posted
Posted

Going back to Tifo comment.

 

I always though if you had a CCJ there was nothing you can do.

OFT comments on page 2 say with or without a court order so whats going on!!!

Click here for great help:razz:

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

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paulwlton

paulwlton

Posted
Posted
Going back to Tifo comment.

 

I always though if you had a CCJ there was nothing you can do.

OFT comments on page 2 say with or without a court order so whats going on!!!

 

The agreement remains ancillary to the CCJ. However, if there's contractual entitlement to claim further interest after judgment, then this cannot be enforced if the CCA request remains in default. Imo.

 

This is why a CCA request should be made after Judgment. There will be many people who have interesting accruing after judgment but don't know.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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BigBadCAGBagger

BigBadCAGBagger

Posted
Posted

It is pretty simple really, they mean that if you had requested a copy of the agreement under sections 77-79 and they hadn't complied, the courts would not be able to enforce the agreement. However, in issuing a CCJ the agreement is therefore enforced and as such the agreement is irrelevant as the CCJ is the overriding document.

 

Getting a CCJ overturned because you didn't ask for a copy of the agreement, or query it, is perversed. You'll have to ask for a copy, see if it is enforceable and then maybe, with a fair wind behind you and a helpful judge, they won't throw it out immediately and you may be able to get the courts to look at it.

 

Be aware that a CCJ kind of makes all of the smoke signals and mirrors available within the CCA fairly redundant.

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BigBadCAGBagger

BigBadCAGBagger

Posted
Posted
The agreement remains ancillary to the CCJ. However, if there's contractual entitlement to claim further interest after judgment, then this cannot be enforced if the CCA request remains in default. Imo.

 

Interesting point, but if the court takes the view that in issuing a CCJ that takes the post judgement interest entitlement within the ruling, do you think that would be stopped to?

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paulwlton

paulwlton

Posted
Posted
Interesting point, but if the court takes the view that in issuing a CCJ that takes the post judgement interest entitlement within the ruling, do you think that would be stopped to?

 

The court has no power to award interest post judgment on a regulated agreement. the interest is contractual and remains so, it is completely separate from the judgment. This would mean a CCA request is valid under the contract.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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car2403

car2403

Posted
Posted
Interesting point, but if the court takes the view that in issuing a CCJ that takes the post judgement interest entitlement within the ruling, do you think that would be stopped to?

 

They can only apply post Judgment interest where there's a term in the (non-existant!) agreement allowing them to do so.

 

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car2403

car2403

Posted
Posted
The court has no power to award interest post judgment on a regulated agreement. the interest is contractual and remains so, it is completely separate from the judgment. This would mean a CCA request is valid under the contract.

 

Yeah - that's what I said, but you beat me to it. :p

 

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