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    • Manxman, I have highlighted the relevant bits in bold. The proportion of the services can only be charged if the express consent was given in a durable medium.   (1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions— (a)regulation 34(3) (where enhanced delivery chosen by consumer); (b)regulation 34(9) (where value of goods diminished by consumer handling); (c)regulation 35(5) (where goods returned by consumer); (d)regulation 36(4) (where consumer requests early supply of service). (2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.   Cancellation period extended for breach of information requirement 31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2. (2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information. (3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.   Supply of service in cancellation period 36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer— (a)has made an express request, and (b)in the case of an off-premises contract, has made the request on a durable medium.     (4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount— (a)for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer's decision to cancel the contract, in accordance with regulation 32(2), and (b)which is in proportion to what has been supplied, in comparison with the full coverage of the contract.     (6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if— (a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or (b)the service is not supplied in response to a request in accordance with paragraph (1).
    • Hi all   I will dive straight into my scenario.    I have a personal Barclaycard credit card that I defaulted on in first half of 2015.  This debt has been bought out by Hoist in 2019.  I have not made payments since the first half of 2015 to the account. I am pretty sure I have not acknowledged the debt to the DCA that occasionally contacted me since then The six year anniversary of the default will arrive in the first half of 2021. I recently received a 'Letter of Claim' from Howard Cohen Solicitors informing me of Hoists intention to issues proceedings in the County Court for the outstanding amount. The letter states I have 30 days in which to reply.  The letter states that it is written in accordance with the Pre-action Protocol for Debt claims. They have provided a brief summary of the outstanding debt but not the original signed agreement.  My feeling is that the pressure is being ramped up because of the upcoming six year anniversary of the default.   I am not sure whether I should; A). Ignore the letter (if so what are the consequences). B). Stall for a little more time until the six year anniversary of the default arrives, and whether engaging with them too has its own set of consequences. C). Pay too much attention to the six year anniversary of the default  - as I am not sure if a debt becomes automatically statute barred after six years in which I have not acknowledged that debt.    Like many, I have been hit by Covid economically.  I have not worked most of this year.  I am operating at substantial loss with funds fast drying up. The work position doesn't seem to be changing any time soon. I am not claiming benefits or anything.   Any suggestions for plan of action would be gratefully received.   Thank you   Arthur M.                        
    • Hi Manxman, Yes, the contract was signed on-line and I'm relying on s31 of CCR.  I think what you are alluding to is the fact that if the contract started within the first 14days and if it was commenced with the expressed consent of the consumer (on a durable medium such as letter or email not phone call or webforms), then the consumer has to be pay for the portion of the services that was provided. Also, if the service has already been completed (which is not the case here as the service will be completed after 12months from the commencement of the tenancy which never commenced) then, full service fee is payable. In this case, no express consent was given - I have checked all my emails to them so they cannot charge for the portion of the services either i.e. arranging some viewings and finding a prospective tenant. In fact, I offered to pay for the reference check costs but they want it all. There was an implementing guidance on CCR2013 which categorically says that the regulation applies to letting agent's services - I have attached it here. At the end of the day, regulations are regulations and if anything, consumer is recognized as the weaker bargaining party as the contract was created by the business. Please google Robertson vs Swift - case prior to CCR 2013 came in where the supreme court ruled in favour of the consumer and went above and beyond what the regulation said at the time (although it derived some criticism).  bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance (1).pdf
    • No I didn't, in 2018 my laptop was unable to download open office.   I have attached the ci sheet from 2017, with all the charges listed up to then.   StatIntSheet v101 Charges V2.xls
    • According to MCOL,the claim was registered as issued on 23 November so that makes it 12 December by my reckoning-I wasn't sure if you counted the 14 days from the 5th day or the day after so I went for the latest possible date.
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My daughter was visiting a friend at her apartment and didn't realise that she had to get a permit.

 

She received a ticket off care parking.

 

They wrote to me as the registered keeper and I have replied stating that I wasn't the driver but they have quoted Protection of Freedom act

stating that this is no longer accepted as a defense.

 

I have successfully fought several PPC's in the past but before the protection of freedom act.

 

Any indication of where to go with this one now would be appreciated.

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Hi the experts will be along but to my mind the only difference now is that PPC's can now chase the registered keeper but the PPC's still face the same problems as before the POF act came into force. So advise I have seen is still ignore.

 

dpick

cannot find it A to Z

 

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

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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defense my foot!

 

you can safely ignore them

 

it makes no odds in all reality the changes

 

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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You could make it difficult for them and ask them for a copy of the contract that allows thm to claim parking charge son behalf of the LL as you need this for your defence. If they cannot supply this, then nay future correspondence will regarded as harassment which is a criminal offence. :-)

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The Protection of Freedom act still does not make it worth all the hassle of taking you to court. They have given it their best shot and it's failed.

 

Ignore and move on.

Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

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You could make it difficult for them and ask them for a copy of the contract that allows thm to claim parking charge son behalf of the LL as you need this for your defence. If they cannot supply this, then nay future correspondence will regarded as harassment which is a criminal offence. :-)

 

 

Could you explain this a little more please and what is LL. thanks

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LL = LandLord

 

The jist of the request for sight of the contract is that you are challenging the fact that they have any (contractual) right to operate the carpark on behalf of the landlord and specifically, notwithstanding they can "operate" it, that when someone breaks one of their little made up rules, that they can pursue the driver legally.

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LL = LandLord

 

The jist of the request for sight of the contract is that you are challenging the fact that they have any (contractual) right to operate the carpark on behalf of the landlord and specifically, notwithstanding they can "operate" it, that when someone breaks one of their little made up rules, that they can pursue the driver legally.

 

I ahve read a lot about the POPLA and the 35 day so called appeal rule. Would you say it's worth persuing that line as they have not sent me an appeal code as believe they are supposed to.

 

Also in the POF act is failure to pay there invoice classed as reasonable cause?

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I ahve read a lot about the POPLA and the 35 day so called appeal rule. Would you say it's worth persuing that line as they have not sent me an appeal code as believe they are supposed to.

 

Also in the POF act is failure to pay there invoice classed as reasonable cause?

 

 

Take the advice and ignore!

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Don't ignore. POPLA may be a joke but this is a new procedure backed by DVLA, BPA and legislation, weak and useless legislation but non the less. More ppcs are trying their luck with N1 forms at present. Follow protocol, appeal to PPC then to POPLA, Then send a cease and desist letter threatening charges for any direct or third party letters. It's court or nothing. Now ignore. In the unlikely event of a court hearing, you have done your bit and it will show favour. But once again, court is extremely unlikely

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Certain PPC's ( including Parking Eye) seem very reluctant to issue POPLA codes and resort to stalling tactics, such as asking for "proof" that somebody has used the shops on site. This seems to suggest that PPCs are not very happy with going down the POPLA route, because it costs them money, and latest figures indicating that about 60% of appeals are upheld in favour of the motorist.

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