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    • Hello dx100uk, After months of waiting for a response I finally got a reply and I must say it was the worst 4 months of my life the - fear of the unknown. So, they wrote back and said I was in the wrong BUT on this occasion they  would not take action but keep me on file for the next 12 months. It. was the biggest relief of my life a massive weight lifted -  I would like to thank you and the team for all your support
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    • Yup, for goodness sake she needs to stop paying right now, DCA's are powerless, as .  Is it showing on their credit file? Best to use Check my file. All of the above advice is excellent, definitely SAR the loan company as soon as possible.
    • Hi all, I am wandering if this is appealable. It has already been through a challenge on the Islington website and the it was rejected. Basically there was a suspended bay sign on a post on Gee st which was obscured by a Pizza van. The suspension was for 3 bays outside 47 Gee st. I parked outside/between 47 & 55 Gee st. I paid via the phone system using a sign a few meters away from my car. When I got back to the car there was a PCN stuck to the windscreen which I had to dry out before I could read it due to rain getting into the plastic sticky holder.  I then appealed using the Islington website which was then rejected the next day. I have attached a pdf of images that I took and also which the parking officer took. There are two spaces in front of the van, one of which had a generator on it the other was a disabled space. I would count those as 3 bays? In the first image circled in red is the parking sign I read. In the 2nd image is the suspension notice obscured by the van. I would have had to stand in the middle of the road to read this, in fact that's where I was standing when I took the photo. I have pasted the appeal and rejection below. Many thanks for looking. ----------------------------------------------------------------------- This is my appeal statement: As you can see from the image attached (image 1) I actually paid £18.50 to park my car in Gee st. I parked the car at what I thought was outside 55 Gee st as seen in image 2 attached. When I read the PCN issued it stated there was a parking suspension. There was no suspension notice on the sign that I used to call the payment service outside number 55 Gee st. I looked for a suspension notice and eventually found one which was obscured by a large van and generator parked outside 47 Gee st. As seen in images 3 and 4 attached. I am guessing the parking suspension was to allow the Van to park and sell Pizza during the Clerkenwell design week. I was not obstructing the use or parking of the van, in fact the van was obstructing the suspension notice which meant I could not read or see it without prior knowledge it was there. I would have had to stand in the road to see it endangering myself as I had to to take images to illustrate the hidden notice. As there was no intention to avoid a parking charge and the fact the sign was not easily visible I would hope this challenge can be accepted. Many thanks.   This is the text from the rejection: Thank you for contacting us about the above Penalty Charge Notice (PCN). The PCN was issued because the vehicle was parked in a suspended bay or space. I note from your correspondence that there was no suspension notice on the sign that you used to call the payment serve outside number 55 Gee Street. I acknowledge your comments, however, your vehicle was parked in a bay which had been suspended. The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief. The signs relating to this suspension were sited in accordance with the regulations. Upon reviewing the Civil Enforcement Officer's (CEO's) images and notes, I am satisfied that sufficient signage was in place and that it meets statutory requirements. Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I acknowledge that your vehicle possessed a RingGo session at the time, however, this does not authorize parking within a suspended bay. Suspension restrictions are established to facilitate specific activities like filming or construction, therefore, we anticipate the vehicle owner to relocate the vehicle from the suspended area until the specified date and time when the suspension concludes. Leaving a vehicle unattended for any period of time within a suspended bay, effectively renders the vehicle parked in contravention and a Civil Enforcement Officer (CEO) may issue a PCN. Finally, the vehicle was left parked approximately 5 metres away from the closest time plate notice. It is the responsibility of the driver to ensure they park in a suitable parking place and check all signs and road markings prior to leaving their vehicle parked in contravention. It remains the driver's responsibility to ensure that the vehicle is parked legally at all times. With that being said, I would have to inform you, your appeal has been rejected at this stage. Please see the below images as taken by the CEO whilst issuing the PCN: You should now choose one of the following options: Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of this matter, provided it is received by 10 June 2024. After that date, the full penalty charge of £130.00 will be payable. Or Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle, who is legally responsible for paying the penalty charge. Any further correspondence received prior to the NtO being issued may not be responded to. The NtO gives the recipient the right to make formal representations against the penalty charge. If we reject those representations, there will be the right of appeal to the Environment and Traffic Adjudicator.   Gee st pdf.pdf
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4 wks missed to BH - now demanding good backs - help


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Hi guys,

 

Got letter today from FOS, adjudicators are now investigating the case, They have asked Caversham Finance LTD (trading as BrightHouse) to send them information regarding my complaint so they can look into what has happened!

 

 

I will update as and when i get any news!!

 

Thanks

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It will take a few weeks, but dont be surprised if the adjudicator sides with BH. If they do, then you can escalate it to the ombudsman. Be warned though, that the ombudsman can take 6-9 months before they get to your case.

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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It will take a few weeks, but dont be surprised if the adjudicator sides with BH. If they do, then you can escalate it to the ombudsman. Be warned though, that the ombudsman can take 6-9 months before they get to your case.

 

 

Hi mate,

 

yea it says it could take up to 12 weeks, Thats fine if FOS side with BH but i can not see how they can! as when i got all the items from BH my wife was with me, so i have a witness! ( That i was told i had to have OSC or i could not get the item and DLC was just added) i will take it to FCA and then court! or i may just bypass FCA and take it to court.

 

 

There are a number of cases been refunded on here! + BH have new Agreements now? why is that? Thats the Big? all this works for me and my case! at the end of the day i will have my day in court if i have to.....

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If the adjudicator sides with BH, you can always escalate it to the ombudsman instead.

 

Regarding agreements, BH were featured on various media programs and in newspapers last year. Theyve now told people they can remove the insurances, but any new agreements and especially 'rewritten' ones ( which they are trying to force on people who have problems paying), have the insurances removed, but the cost of them is added on as 'interest' instead'

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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  • 1 month later...

HI guys, i got this email back on the 14th of last month! anyone know how long i still have to wait, as i feel they are not moving as fast as i would like or even if they going to move on this or not, i was thinking of escalating this! and start court proceedings?

 

This is the email i got! >>>

 

Dear Mr xxxxxxxx,

 

I am writing further to your email to my colleague, xxxxxxxxxx

 

The Financial Ombudsman Service isn’t free to look at every complaint we receive. The Financial Conduct Authority, which regulates the financial services industry, sets the rules about what products we can consider.

 

The agreements you hold may fall outside these rules - because they may not be the type of product which is regulated by the Financial Conduct Authority.

 

Before we can consider the issues you have complained about we have to decide if this is the case. This will take some time because the rules are particularly complex − and we might need further information from you or the business involved. But we feel it is important to spend time now to clarify the position which will mean we avoid any confusion at a later stage.

 

We will contact you again as soon as we have an update.

 

Yours sincerely,

 

 

 

xxxxxxxxxx

 

Lead Adjudicator

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Fos can take up to 6 months to reach a decision, depending on their workload and complexity of the case.

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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  • 4 weeks later...

Hi guys,

 

I sent an email to the Lead Adjudicator! that i'm dealing with to ask for an update, ....not sure what to make of this, i know that BH come under the FCA now, but when i was with BH they came under FOS,

 

This is the email i got back >>>

 

 

Dear Mr ******

 

 

 

Thank you for your email.

 

 

 

Unfortunately, we are not yet in a position to confirm whether your case is one which we can look into.

 

 

 

I know your case has been with us for a number of months now and I am sorry for the delay but we are still looking into the issues involved.

 

 

 

If a case does not fall within our jurisdiction then we have no power to look at the merits of the matter, or to make any recommendations to the business concerned. We are currently reviewing the agreement you hold, in light of the rules which set out our powers (The Financial Conduct Authority’s DISP rules, which can be found online .

 

 

 

We appreciate your patience while we are looking into the matter and we will be in touch with you again as soon as we have an update.

 

 

 

Yours sincerely,

 

 

 

********

 

Lead Adjudicator

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  • 2 months later...

Unfortunately it can take up to 2 years or more to obtain a decision from the FOS !

 

You could send them an email asking what the status of your complaint is !

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Hi citizenB,

 

Do you know if anyone else has gone down this road with BH?? i'm happy to wait and see what the FOS come up with, the longer it takes the more they will see how BH is run,

and the fact BH just side stepped my claim with a standard letter just shows they don't give a dame..

 

Unfortunately it can take up to 2 years or more to obtain a decision from the FOS !

 

You could send them an email asking what the status of your complaint is !

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Hi all,

 

I just got a letter from BH today, they have sold my Account to a DCA on the 1/08/13 but there letter is dated 12th/08/2014, i did not think they could do this why there is an on going complaint.

 

I will be letting FOS know about this as they did say to let them know if anything like this came..

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Nope. They should have NOT done that while the account is in dispute and there is an official complaint. However, this is Brighthouse and they dont seem to care much about the rules.

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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Nope. They should have NOT done that while the account is in dispute and there is an official complaint. However, this is Brighthouse and they dont seem to care much about the rules.

 

It will help my case if i have to take them to court, but then saying that it should help my case with the FOS i will see what they have to say about this.

 

Thanks

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  • 8 months later...

Hi all,

 

Well i got a letter back from FOS? They have said that they can not help as its to with OSC & DLC and as they are add on's , it can only look at the miss selling of the agreement and not the miss selling of add on's? To the said agreement! i think they are wrong? But i'm not going to waste any more time with this, i will be taking it to court now,

 

If anyone can help me with this? Ie, if you have gone down this road and won, drop me a PM, of if you can help anyway that would be good.

 

 

Thanks

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Hi all,

 

Just to let you know, a letter before court action will be sent by the end of the week, i have to do this by law, as it lets them know i plan to take them to court and why? And it gives them opportunity to settle before court, and it also lets them know what i am willing to settle for if we don't go to court, but it will also have in the letter what i plan to claim if this goes to court.

 

 

Watch this space!

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at the end of the day they can wave their arms around all they like

 

what you have not got you cannot pay

 

if you've been with them that long

 

its a bout time you dumped them!!

 

you've prob paid 3-5 times the market value of items anyhow!!

 

why not pay them by your internet bankingsite?

 

did you get that cancelled OSC back?

 

should have

 

why have you the other ins?

 

you DO NOT need house insurance you can still cancel it and get it back

 

dx

 

 

Sorry for butting in but the sly way Brighthouse do it now with there 5 star service which really does hike the price up and includes insurance regardless of what they say to disguise it there is no way out for the customer to reduce what they pay per week :(

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So what is the point in claiming OSC & DLC if it gets us nowhere. seems to me as if the fos doesn't care hence Brighthouse and others like them can get away with this type of thing again & again. are these regulators etc scared to fight these company's? Brighthouse wins again!

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You can reclaim it. They're just trying to find loop holes in regulation and law to avoid paying it.

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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So what is the point in claiming OSC & DLC if it gets us nowhere. seems to me as if the fos doesn't care hence Brighthouse and others like them can get away with this type of thing again & again. are these regulators etc scared to fight these company's? Brighthouse wins again!

 

What the FOS have said is, its not something they can look at as the FCA sets out what they can help with, so i would have to get FCA to look into it or take them to court, i plan to take them to court, i just have to get all the info for the case "ie" info from the consumer credit act and the OFT act, then i will be going to court.

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  • 1 month later...

Hi all, it took a bit of time to get the letter sent, but i have done it and it got sent on the 4th so they have until the 2nd of july to reply,

 

watch this space?

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  • 3 weeks later...

Hi all,

 

well i got a letter of BH , it reads

 

Dear Mr xxxxxxxx

 

OUR Ref XXXXXXXX

 

Further to your contact received on 5th june 2015, we are sorry that you are unhappy with the service we have provided.

 

We are conducting a thorough investigation into your concerns and, once this has been completed, we will write to you again.

 

Please find enclosed a copy of our internal complaints procedure for your information. please take time to read this as it explains how we will deal with your complaint and when we will contact you again.

 

 

 

 

OK!! the thing is how long should i give them to get back to me?? as the next step is "court", should i give them 1 month or less??

 

Thanks

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They have 8 weeks from when you first complained

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They have 8 weeks from when you first complained

 

Dx

 

 

It was not so much that i complaind, it was a letter before court action? would it still be 8 weeks?? to wait for there investigation to be done?

 

m6

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sorry was on a small screen

if you sent it back in april

it is long ago

typically LBA's say 14 days?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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