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    • His financial situation isn’t great, and the landlord has made lots of things up. The things he’s put isn’t true at all. My friend did tell the full truth with incoming and outgoing, I helped him fill in his form and he checked bills etc. to make sure it was right. His wage is ok, but not as good as the landlord thinks it is,  and he doesn’t have anything spare. How much are they likely to take from him? Should he send any reply?  the letter just says to take the court letter with him. 
    • Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
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Rosie vs MBNA - Advice needed


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  • 2 weeks later...
Update.

 

Trading Standards have been informed of the breaches of the DCA under the CCA (non-compliance with s78 request), Administration of Justice Act (debt harassment), Malicious Communications Act (causing alarm/distress in letter) and seem to agree with my interpretation of the law.

 

The DCA have been informed of the relevant offences and breaches and I await their reply.

 

Incidentally, I spoke to a consumer law solicitor a while back who confirmed current thinking here, i.e., that once an offence has been committed by a creditor under sections 77-79, 110 etc., of the CCA that enforcement by a court was not common and that repayment of money paid by a debtor was a more likely outcome.

 

Rosie, would this last paragraph apply even though they provide the agreement outside the 12 days + 1 month limit ?

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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I have to agree with a lot of what you say Rosie, I'm not overly impressed with the knowledge or understanding of some so called experts.

 

Until such time as we find some that do know what they are talking about I guess it's business as usual and put these matters before a judge in court.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Guest Battleaxe

Rosie,

 

This is is interesting . MBNA are sailing close to the Death Zone regarding my CCA on our credit card. Maybe this is why all the threatening letters have ceased.

 

Oh how silly of you to send your s78 request to the wrong office, they will try anything.

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Rosie is the DCA in question here either Link Financial or Asset Link Capital (no1). If so and you have any information about either of them can you email it to me please. You have my private email address I believe.

 

This crowd of muppets are already in my sights and heading rapidly into my version of Battleaxes death zone.:D

 

Quick update.

 

Trading standards rang today regarding the DCA s78 offence.

 

He was a bit unsure of the meaning of the s189 definition of "creditor," and whether I should have sent the CCA request to MBNA rather than the DCA. I contended that only "the rights and duties under the agreement" can possibly confer the right to enforce a debt and as such it was sent to the correct company.

 

He didn't really know but has passed the matter to the OFT for clarification; who are currently investigating our friends at Link Financial on "a number of matters."

 

Oh yes... Letter sent by the DCA claiming I made the s78 request to the wrong office. I wrote telling them they are a body corporate and responsible under the Act.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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  • 1 month later...
  • 2 weeks later...
me too!

 

Me too!

 

Wotcha Bird!!!!:D

  • Haha 1

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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ha! - knew Corn would jump on this MBNA bandwagon. (Hey I've gone platinum now:wink: )

 

We're an enthusiastic bunch!!!!:D

 

What do you have to do to get green blobs?! I've only got one and am a bit jealous!!!!:o

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Guest Battleaxe

Don't worry about your scales being clicked. I have about 271 rep points and only three emeralds. I don't mind. I am willing to share what I have learnt, I am willing to help people as people have helped me. I know someone tried to get some emeralds for as person and this led to war of words, feeling got huirt and these people don't seems to post as often.

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Well, I've got three! So I must be very important and you must all do as I say :p

 

 

or you'll scweam and scweam and scweam until you're sthick!!!:D

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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I've only got 1 as well:( We're obviously not helpful enough or we're nor asking people to click our scales!

 

Well I would have to beg to differ Bird! Shocking! I think we are very helpful and often bring frivolous rudeness to threads!:D

 

Nudge.......get Rosie........:rolleyes::D

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Don't worry about your scales being clicked. I have about 271 rep points and only three emeralds. I don't mind. I am willing to share what I have learnt, I am willing to help people as people have helped me. I know someone tried to get some emeralds for as person and this led to war of words, feeling got huirt and these people don't seems to post as often.

 

BA, thanks for the click! I feel like a petulant child now!:lol:

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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