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    • Last June, 3.4m members received a £100 payment from the building society. Now they will be wondering whether the offer will be replicated this year.View the full article
    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
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Mortimer/MCE - claimform very old Direct Car Finance - ***Time Order***


amac31
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WS is okay amac...if you could confirm...is it 2 claims forms same number or one with both your names as defendants?

We could do with some help from you.

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Yes thanks Andy, it is two claim forms with the same claim number so I have prepared 2 versions one with my name and one with my wifes name and I have also prepared 2 separate bundles for court and 2 separate bundles for the claimant.

Does the statement need tweaking or is it fine as is? Obviously the original has all of the relevant dates and other information correctly filled in.

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Not really...I doubt you have anything to disclose that they are not already in possession of.

We could do with some help from you.

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  • 2 weeks later...

URGENT HELP NEEDED!

 

 

We are due in court next week and today we have just received a copy of the alleged terms and conditions from Credit Acceptance Corporation.

 

 

Mortimer Clarke claim that they assumed that they were included in the previous copies of the agreement.

 

 

They say that they have been provided with a copy of the standard terms and conditions

and that they have been instructed that these would be the terms and conditions that would have been applied to our account.

 

 

Firstly

the copies they have sent have sentences missing from the bottom of each page because of the way that they have been copied

 

 

most importantly they have now issued a revised witness statement to try and disprove everything we said in our witness statements,

 

 

how can this be fair ?

 

 

they have read ours and adjusted theirs to suit.

 

 

They said that they would submit them to the court in time for the hearing

 

 

how is this legal given that the time scale for submitting statements has elapsed?

 

 

Really need help big time with this because we cannot let these muppets win.

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scan then up please

 

 

'standard' T&C's don't wash

they must have YOUR name and address on them to show they were served with the agreement

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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Ok will do tomorrow.

 

 

How are they allowed to submit another witness statement? surely this makes a mockery of the system?

 

Lorrymans case was exactly the same as ours yet his was discontinued because they could not provide any terms and conditions

 

but they miraculously find them for ours.

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it says 'the borrower named herein'

 

 

nowhere does it state your name

 

 

could have been from anywhere even a filing cabinet.

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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prove it

 

 

you cant they cant

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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not andyorch will have to answer that one

 

 

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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refer back to post #80

 

the t&cs they have sent dont match the default notices/ agreement:!:

 

as far as I can see

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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from post #80----

 

The default notices, very helpfully refer to "Provision of agreement breached,

Clause 2 which requires you to pay instalments at the time specified in the agreement" -------

 

and of course MCs t&cs now provided describes default under clause no5

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Responding to your RP amac

 

On arrival at the hearing just inform the court that the claimant has served a further revised WS out of compliance time and without your agreement and assume without the courts...and that you request that only their original WS be inadmissible as you know its has been drafted after receipt of yours and places you at a disadvantage.

 

Regards

 

Andy

We could do with some help from you.

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Ok thanks for that,

I thought it was a bit unfair given that we did not receive it until yesterday

and the hearing is in a few days.

 

 

Why would they have done this if they knew it was not allowed?

 

 

They have named it witness statement 2 and have also included a revised bundle with the alleged terms and conditions included.

 

 

They claim that they had assumed that they had sent it to us even though they send the same documents 6 times and never once included it.

 

 

How come they have suddenly come up with them when Lorrymans case was discontinued because they could not provide them?

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Keep calm...dont let your emotions run away with you...listen and ask questions.......and remain cool and polite.

 

Oh and best of luck amac...please update your thread with what transpires...good or bad.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Well I think this is a victory,

 

 

the judge would not allow a judgement as MCE could not prove their case conclusively

but as we were also unable to prove our case conclusively

the judge would not dismiss the case completely.

 

 

What he did do was to make MCE reduce the total amount by nearly half including all costs

and then he made an order ( similar to a Tomlin order but not a Tomlin order ).

 

 

He said due to the time elapsed a judgement would be inappropriate

he has allowed us to pay £1 per month and ordered that there are no entries with the CRA's

and if we do not keep up with the £1 per month MCE could get a CCJ by default.

 

 

He also added to the order that even if we default and they go for a CCJ

they can still only recover the new lesser amount less any monies paid .

 

 

The barrister for MCE even agreed with the judge in the end and hoped that MCE would just write off the debt completely

because at £1 per month it would take them nearly 1000 months just to recover the court fees and her fees.

 

 

She thinks that later down the line they will probably do this anyway.

 

 

I am a bit annoyed that as we believed we did not owe this debt that we now have a new debt for over 3k

 

 

but on the other hand I think MCE have come of worse than us as £1 per month is nothing

and no entries to our credit files is a bonus.

 

 

We would like to thank everyone on here for the advice

and a donation will be made next week on payday.

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