Jump to content


  • Tweets

  • Posts

    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
    • 1 Date of the infringement 16th March   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22nd March   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received unsure   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] UNSURE   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y] post up your appeal] Yes. Stated incorrect location was used in JustPark app as honest mistake. Rejected of course.   Have you had a response? [Y/N?] post it up Yes, rejected:   Site: Sea View Car Park, PL27 6SR Date of Event: 16th March 2024 We are in receipt of your challenge in relation to the above Parking Charge. Appeals must be handled in a fair and consistent manner, therefore, in order for us to cancel any Parking Charge; it is necessary for us to find that the Notice was issued in error. As per the clear and prominent signage at this location ('The Contract'), drivers agree to pay the sum of £100 if 'A valid ticket is not displayed face-up on the dashboard; enabling all of the printed information to be inspected'. 'The Contract' also details that there is an exception for those with a valid mobile session in place. Had the driver felt that the terms of the contract were unacceptable, they had the option to seek alternative parking. By remaining, the driver is deemed in law to be bound by the terms of 'The Contract'. Our photographic evidence confirms that a valid ticket was not displayed, and a search of our records confirms that no mobile session was in place for the registration XXXX at this location; therefore, your appeal is declined. We note that you have submitted evidence of payment; however, said payment is not for this location. It may be the case that you feel that the charge is unfair; however, there is no legal basis to now reject a charge that the driver has already agreed to pay. In light of the above, the sum £100.00 is payable by 21/05/2024 or £170 thereafter. Our internal appeals procedure is now exhausted, our decision is final; therefore no further correspondence other than payment will be addressed or responded to. Should you disagree with our decision, you may submit an appeal to 'The Independent Appeals Service'; full details are on the rear of this letter. 7 Who is the parking company? Alliance Parking LTD   8. Where exactly [carpark name and town] Sea View Car park, Polzeath, Cornwall   For either option, does it say which appeals body they operate under. IAS Hi there, thanks in advance for any help on this.   Had 3 'PCNs' in post from Alliance for parking 3 times over a period of two weeks, unfortunately we were away from home so letters must have come over the two weeks but we received all at once if that makes sense. I realised I had used the wrong location on the car park app. The signs are not clear what the location is called (no code.) I only had receipts for two instances so I assume the first it didn't go through as had terrible signal. Paid £60 for one of the fines. Appealed the others saying it was an honest mistake and not very good signage (unfortunately submitted on their website and have no evidence of my appeal.) received the rejection of appeal as above.   Have now received the attached letter of claim. I have done some research for the amazing snotty letters but wonder if someone could kindly help me with writing one specific to my case? Thank you so very much in advance. LOC-alliance-1.pdf Apologies, 2nd page of LOC here. LOC-alliance-2.pdf
    • Would still like to see the court bundle  Any part ex as deposit or any deposit paid on the agreement does imo count towards the one third or the half in the case of a VT
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

M&S, changed from Storecard to Creditcard .


ajs444
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3786 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi HHNF,

Company chasing me is called Pre-Legal-Recoveries based once again in Chester.

I have not replied yet as I am needing to calm down to give a reasonable response.

They say they are going to visit me at my home address, well I hope they bring an acceptable and legal CCA with them.

Don\'t let the B**tards grind you down

Link to post
Share on other sites

  • Replies 178
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Hi HHNF,

Company chasing me is called Pre-Legal-Recoveries based once again in Chester.

I have not replied yet as I am needing to calm down to give a reasonable response.

They say they are going to visit me at my home address, well I hope they bring an acceptable and legal CCA with them.

 

I know they do infuriate you:mad:

 

I just send the dca this little letter

 

Dear Sir/Madam,

Your ref: zzzzzzzz

 

Thank you for your template threatening letter proposing your intentions regarding this alleged debt. May I suggest that there is urgent liaison between yourselves and Marks & Spencer Financial Services regarding this matter. This account is in clear legal dispute. Any verbal or written contact from your company to myself, I will retain for my files and will take the appropriate legal action for harassment.

 

Please take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and inform the OFT of your actions.

 

I look forward to your reply.

 

Yours faithfully,

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

Cheers for that HHNF, coincidentally the address of this DCA is the same as M&S Money!!!!

So therefore there should be no communication problems.

Have sent details to FOS, who are dealing with this case.

Don\'t let the B**tards grind you down

Link to post
Share on other sites

The CCA I received was identical to the one cleo4patra posted on Data Protection and Default Issues under M&S post 42.

I am going to send letter under CPR 31.16 that Banker rhymes talks about in post number 9 so that they understand what I was expecting from them.

cleo here - subbing - I agree it would be best to put all M & S threads together. When you say the CCA is the same - is that the front or the reverse or both????

Link to post
Share on other sites

The front part is identical, they sent other T&C's which had no bearing on the original Storecard application.

I have written to them disputing what they sent as the reverse - they have now sent me a final demand threatening court, charging order, bailiffs and attatchment of earnings and I am unsure what to do???

Link to post
Share on other sites

  • 2 weeks later...
  • 4 weeks later...

Had a final letter from the DCA, Pre-Legal-Collections saying they have made endless efforts to contact me, not something I am aware of!!!

They are sending someone to come and see me!!!

Have reported this to FOS and given them copies of letters so we will see what happens next.

Don\'t let the B**tards grind you down

Link to post
Share on other sites

Hi HHNF,

Company chasing me is called Pre-Legal-Recoveries based once again in Chester.

I have not replied yet as I am needing to calm down to give a reasonable response.

They say they are going to visit me at my home address, well I hope they bring an acceptable and legal CCA with them.

 

HI

i had that letter last week and two calls last night one on house phone partner answered ( i was out) and two minutes later one on works phone

(i work from home) don't know were they got that number from, saying its

in my BEST INTEREST to ring before 8pm tonight

i can't post my app form the scanner won't scan will try again today

Link to post
Share on other sites

HI

i had that letter last week and two calls last night one on house phone partner answered ( i was out) and two minutes later one on works phone

(i work from home) don't know were they got that number from, saying its

in my BEST INTEREST to ring before 8pm tonight

i can't post my app form the scanner won't scan will try again today

Had further letter today - they advise me to seek "immediate independent legal advice" and they "refute all of our allegations".

 

Enclosed with letter was a final demand

Link to post
Share on other sites

had this today but can't scan so will type it

as you will be aware from my previous letters i have been instructed to contact you by the collections & recoveries dept at m&s money due to the serious arrears on your account.

despite many attempts to contact you directly, you appear to have ignorged or disregarded all of my efforts to resolve this matter.

goes on to say a default is due to be registered on my credit file etc

standard stuff

if you do not contact me i will be unable to prevent registration of the default. This is your FINAL opportunity to prevent this action.

If you contact me immediately on 0845 then i can arrange for no further action to take place. If you fail to contact me i will have no alternative

but to instruct our agents to visit your home address to recover the debt

 

please can somebody advise what letter i send,, i will sort out scanner over weekend and post the mirco film of my so called app form

thanks

bit worried about this and hope it was ok posting in this thread

Link to post
Share on other sites

had this today but can't scan so will type it

as you will be aware from my previous letters i have been instructed to contact you by the collections & recoveries dept at m&s money due to the serious arrears on your account.

despite many attempts to contact you directly, you appear to have ignorged or disregarded all of my efforts to resolve this matter.

goes on to say a default is due to be registered on my credit file etc

standard stuff

if you do not contact me i will be unable to prevent registration of the default. This is your FINAL opportunity to prevent this action.

If you contact me immediately on 0845 then i can arrange for no further action to take place. If you fail to contact me i will have no alternative

but to instruct our agents to visit your home address to recover the debt

 

please can somebody advise what letter i send,, i will sort out scanner over weekend and post the mirco film of my so called app form

thanks

bit worried about this and hope it was ok posting in this thread

What was the "reverse" of the application form like???

Link to post
Share on other sites

What was the "reverse" of the application form like???

 

would'nt no all i got was a very bad copy of a mirco film app form

it looks very much like a tri fold form the first page has two very slim

columns and the second is just my dd form

Link to post
Share on other sites

would'nt no all i got was a very bad copy of a mirco film app form

it looks very much like a tri fold form the first page has two very slim

columns and the second is just my dd form

Anyone else got the "reverse" of their application form/ agreement??

Link to post
Share on other sites

  • 2 weeks later...

Message back from FOS today, saying that M&S will stop sending out DCA letters till case resolved, they will still be putting notes on my credit file re-non payment.

Pointed out to FOS that since they have still failed to produce a valid CCA, that the account is in dispute and they have no right to put notes on credit file as at this point there is no agreement between us.

Don\'t let the B**tards grind you down

Link to post
Share on other sites

  • 1 month later...

Well reply from that toothless organisaton called the FOS received and guess what ?

They cannot make a decision on the validity of the agreement!

It is up to the courts they say.

I find this totally outrageous that they cannot look at agreements and say if they are enforceable or not, talk about not upsetting the applecart!!!

Don\'t let the B**tards grind you down

Link to post
Share on other sites

  • 1 month later...

Well all quiet on the Western front, only getting statements now, interest still being added.

A revelation from another cagger will change everything soon, keep your eyes peeled!!

Don\'t let the B**tards grind you down

Link to post
Share on other sites

  • 2 weeks later...

So, in a quandry what to do, any suggestions would be welcome.

M&S just issuing monthly statements, adding interest, haven't paid them since Nov/Dec last year, everything ust flowing along.

I really want to get them out my life and cleared, how do I do this?

They are not taking me to court, "seriously fed up" and "Beetles" victories will have given them second thoughts.

Anybody with any ideas?

Don\'t let the B**tards grind you down

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...