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    • No you're not doomed. It's a shame you covered up the dates and times on your PCN since they can possibly help your case when they don't comply with the requirements of the rules in private car parks. Could you please therefore include the arrival and departure times as well as the date of the offence and the date on which they alleged they sent you the PCN. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4.since the wording should invite the keeper to pay the outstanding amount. Also I cannot see on the PCN that UKPO are the Creditor though I may have missed it since it is so unusual not to include it. The upshot is that you as keeper are no longer liable to pay the charge if the driver fails to pay within 28 days-0nly the driver is now liable. As Courts [assuming it gets that far ] do not accept that the driver and the keeper are not the same these rogues will have a hard job who was driving unless you appeal or have appealed and revealed who was driving. You did say that you weren't parked there long and had that been correct you have perhaps 15 minutes where you might have had a further. argument. As it judging by the confusing times mentioned in the wording or the PCN you were there for almost an hour? However as the light was not good and I presume the signs were not illuminated that is a reason that you could not see the sign. And did you have your blue badge showing ? Interestingly the post code quoted does not agree with the Post office one in West houghton= BL5 3JS Are there two different Tesco  car parks in Bolton. You obviously could not be in two places at the same time...............
    • Especially because you have bought the car on finance, there is probably quite a lot that you can do although it sounds as if you are maybe taking the appropriate steps anyway. However you need to give as much more information. We need to know – the name of the dealer details of the vehicle, make, model, mileage, age, price paid – 70 8K? The name of the finance company – and some dates. Date purchased, the date that you have logged this with the FOS and I'm sure there will be other questions. I suppose that you don't understand your consumer rights very well because issues like the sunroof et cetera should have been repaired by the dealership and there was no need for you to spend your own money on this. On the basis of what you have told us, I would suggest that eventually should be up to recover all of your money plus the expenses you have incurred in carrying out repairs. And in fact – you could also list out the faults which have manifested themselves so far and the money you have spent on correcting those. You are entitled to purchase a vehicle which is of satisfactory quality remains that way for a reasonable period of time. At £78,000 I wouldn't expect any serious issues to manifest themselves in this vehicle for quite a few years. Tell us also about the £2400 inspection that you have had carried out. Were you advised to do this? To do this of your own initiative? Who carried it out? That lot for a start
    • Hi Dx, I am hoping you have had an opportunity to skim through this thread. Please may I give it a humble bump for your consideration. My last date to present a WS is Wednesday the 17th. Many thanks and kind regards 🙏  
    • Hello I've got a parking ticket, see here... https://ibb.co/DfHqg9F https://ibb.co/QvqH52m https://ibb.co/pbPPdDg https://ibb.co/X2F1X25 I've been parking at a particular corner in a small Tesco car park for years. Recently they put two electric charging plugs, one where that spot is and one at the bay next door, so I stopped using them out of courtesy in case they need to be used (I use that Tesco every day and drive past every day but have yet to see anyone use them). Recently I went back to Tesco when it was reasonably dark. All the bays were full, including the three blue badge bays. I have one but none of the cars parked in the bays did, I noticed as I walked past them (nobody ever gets pulled for that because Tesco have never policed this small car park before). Since there was two free electric bay spaces, and since I wasn't going to be long (just one product), I parked into my former 'regular' spot. There was a notice on the wall but if I'm honest I didn't read it because (a) I'm thick, and (b) I honestly thought it was just telling people how to use the device (like I said, I'm thick) rather than this being a parking fine. I went back during daylight and the sign is very obvious (as you can see from the picture), although not so obvious at night, although probably still obvious enough for you to tell me "tough luck, pal". Now they want £100 or £60 if I pay quickly. Am I doomed?
    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
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AcerDave v HSBC


AcerDave
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Hello, thought I would start a thread regarding my claim process with HSBC for PPI.

 

January 13 - SAR posted

February 13 - Cheque cashed

March 13 - Collected documents from local Branch

March 13 - Letter sent advising of non-compliance with SAR (missing credit card statements from 1997-2005)

 

Letter received today from HSBC stating that "unfortunately unable to provide statements for period requested as they would have been automatically purged from the system". Letter goes on to finish with "we are satisfied this procedure meets with Information Commissioners requirements"

 

Do I follow up with Letter Before Action to get my statements or go to FOS or ICO?

 

Thanks

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The card provider/bank is obliged to keep records for only 6 years after an account is closed.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hello Brigadier,

 

Thanks for getting back to me, so I should just submit my claim for PPI based on what I have and reduce the PPI payments back to zero when I reach 1997? I think I read that on the forum somewhere?

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yes thats correct

 

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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Thanks DX, Can you help with this query please?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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no.1. below

 

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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Hi dx, I have read the article but it states it doesn't deal with credit cards (variable PPI premiums) and only discusses single premiums. Any idea where I can look now? Thanks.

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This member got his statements from HSBC back to 1997 following the threat of legal action.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?347468&p=3808418#post3808418

 

It would make life a lot easier for you if you could get hold of that data otherwise there is some number crunching for you to do.

 

The easiest way would be to look at the amount of the first balance you have got a statement for and then reduce it by equal reductions over time to arrive at a nil balance when the account was opened. You can work out what the PPI percentage is for a balance based on the statements you do have and apply that to the "backwards" balances.

 

This won't be fully accurate but should give you a best guesstimate.

 

If it were me I would press a bit harder for missing information.

 

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Thank ims21, thought it was something like that, thanks for confirming it.

 

As you said though I'm going to take a bit further, I will send the next letter off on Monday re last chance saloon, see what they say and then take it further if needed.

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So the saga continues...

 

Received a letter today from HSBC, replying to my LBA, which states the following:

 

"I can only reiterate that as advised in my letter of 7th March 2013 we are unable to provide copy statements between 1997-2005 as the Bank's computer systems have inbuilt automatic purge programmes which delete records once they are no longer required in order for us to meet our obligations under the Data Protection Act 1998. We are satisfied this procedure meets with Information Commissioners requirements."

 

It goes on to conclude with:

 

"I am also obliged to inform you that this is our Final Response on the matter. However, if you wish to complain about the Banks retention policies then please contact our Service Quality Team at the address below..."

 

I called the ICO this morning and they said they don't have any requirements that Banks have to follow!!

 

Several questions are now going through my head:

1) Im sure if the Police came and arrested me for a massive fraud which happened to take place between 1997-2005, they could get copies of my statements, and

2) What now? Carry on with court route or put in a PPI claim so fantastical that they counter with a lower offer therefore having to prove their workings (and older statements) to me!?

 

Oh, that massive fraud comment, only an example, honest!!!!!

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OK so it is now up to you.

 

You can continue to issue against them and test them in court as to whether they have the data.

 

Alternatively you can lodge a formal complaint with the ICO and use them as a lever.

 

Or the final option is to put in a speculative PPI claim, see what they offer and then take a view as to whether to accept or challenge.

 

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Certainly going to lodge a complaint now, seeing as the surprise in the voice of the lady at the ICO seemed to be a good reaction that they don't know Banks are using their name to justify not allowing access.

 

If I was to submit a claim and they reject it, can I then play the court card again to get them statements released? Or will I have lost that opportunity?

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So the saga continues...

 

Received a letter today from HSBC, replying to my LBA, which states the following:

 

"I can only reiterate that as advised in my letter of 7th March 2013 we are unable to provide copy statements between 1997-2005 as the Bank's computer systems have inbuilt automatic purge programmes which delete records once they are no longer required in order for us to meet our obligations under the Data Protection Act 1998. We are satisfied this procedure meets with Information Commissioners requirements."

 

It goes on to conclude with:

 

"I am also obliged to inform you that this is our Final Response on the matter. However, if you wish to complain about the Banks retention policies then please contact our Service Quality Team at the address below..."

 

I called the ICO this morning and they said they don't have any requirements that Banks have to follow!!

 

Several questions are now going through my head:

1) Im sure if the Police came and arrested me for a massive fraud which happened to take place between 1997-2005, they could get copies of my statements, and

2) What now? Carry on with court route or put in a PPI claim so fantastical that they counter with a lower offer therefore having to prove their workings (and older statements) to me!?

 

Oh, that massive fraud comment, only an example, honest!!!!!

 

Take a look at the Limitations Act 1980 you will find the limitations on keeping data there.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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