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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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template letter to withdraw payment authority- WONGA??


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Just tried to ring the FSA to see if they can back me up by giving me some sort of enquiry reference number that can show Ive contacted them. Theyre closed until onday so Im going to ring them and explain and also complain about Natwest refusing over the telephone.

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Doesnt matter if they say they cant, or whatever excuse they want to use to try and avoid the law.

 

Get that letter into the nearest branch, get it copied and both copies signed, stamped and dated. From the second you get that copy ( The bank cannot refuse to follow your instructions), the bank must comply.

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

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I will get the letter down to the bank but I do fear that the manager or whoever deals with it may simply refuse to sign it....I cant physically make anyone sign something...just like when I said it was the law when I spoke to them over the phone, they still said I was incorrect

....I mean, does the fact I vocalised I wanted to cancel a CPA count as me notifying them even though they ignored what I said and told me they couldnt....is the fact I 'said the words' enough in the eyes of the law, whether they agree with me or not?

I agree with what you say in all respects but when confronted with bank persons who just keep telling me 'computer says no'......you can imagine I would be at a bit of a brick wall.

Hopefully they will just sign it and Ill be off...but it would be so helpful if there was some sort of body who could reperesent people in these sorts of instances.

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If they refuse to sign it, then you want them to put it in writing that they have refused. Or you can file a formal complaint with the bank and FSA/FOS/OFT since the bank would be breaking the law.

 

You could say, " So you refuse to sign this legal instruction? Ok. I would like your name and employee number and written confirmation that you refuse to carry out my instruction. This is so i can contact the OFT/FOS/FSA and your head office to file formal complaints and inform all of them that you are breaking the law."

 

If you spoke over the phone and said it, then you would need proof you called and told them that. That is why CAG's advice is to get everything in writing. If you have to telephone a company, you must make sure it is fully recorded.

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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Ahhh that's good to know. At least I'll have something to say I've been in I suppose....thats if they dont refuse to sign that aswell.

I did ask on the phone if the call was recorded and the guy said yes, got his first name aswell.

I know its a lot of ifs and buts me saying they might say no or they might do this, I am sorry if I being a pain.

Thanks for your help renegadeimp :)

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If they refuse to sign it. SImply stage a silent protest :) a sit-in of sorts. They wont be able to remove you, as if they call the police, you can inform the police that they are breaking the law as well. Play the banks at their own game, as lately they seem to think the law doesnt apply to them.

 

And you are far from being a pain. You came here for help and we're giving you as much advice as we can.

 

If you read http://www.consumeractiongroup.co.uk/forum/showthread.php?336569-How-to-remove-a-lender-s-continuous-payment-authority you acn find all the legal information in post #1

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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Thanks for the help it really is gold-dust. I just listen to myself writing posts and think I sound like Im just not taking any notice - but I am, I just want to be prepared for what may happen.....

Camping gear is packed ready for silent protest. :lalala: ....can I get squatters rights.......?.......

 

Watch me get locked up....they'll think Im a bleedin nutta! (though they may not be far wrong).

 

I will keep you posted of my progress, thanks so much.

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Make sur eyou take copies of that legal info just in case.

 

The bank will probably take your instruction without any annoyance to you, but i understand your mindset with the "what if" scenarios. After all, its better to be prepared for the worst so you can tackle it head on.

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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