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    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
    • Their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. iit was not posted until 13 days after the event for one thing meaning it would be deemed to arrive on the 15th day instead of the 14th day. Now though we cannot expect that your PCN also missed the deadline there were still two other things wrong with the wording of the PCN that if your PCN has the same wording as your friends means that your PCN would not be compliant either. Their PCN does not specify the period of parking as required n the Act. It does show the ANPR arrival and departure dates but as those times include driving from the entrance to finding a parking place then later driving from the parking place to the exit cannot be described as a parking period. I suspect that the " Important Note" on your form will also not comply though I cannot be sure until we see your actual PCN.The reason I can't confirm that is because they sent out the PCN too late they have said that they are pursuing your friend on the assumption that they were the driver as well as the keeper-something that Courts do not accept. But it does look as if your PCN is not compliant which means that the keeper cannot be held liable to pay the charge. Only the driver can be made to pay it. If you have not appealed and revealed who was driving, there is no way that  Excel know who was driving.  So just to be sure please send them an SAR . On another topic do you have any proof that you did not stay there for so long just to really spoil Excel's day.
    • As your first PCN was a Notice to Driver which would have been followed by a Notice to keeper over a month later [even though it may only state Parking Charge notice] it is even more necessary to send PE an SAR. If either document fails to comply with the Protection of Freedoms Act  2012 Schedule 4 then both you and your father are in the clear. So you do not need to worry about is any paperwork from unregulated debt collectors and fifth rate solicitors. The only thing to look out for is a Letter of Claim and all you have to do is respond with a snotty letter back to them .  
    • Thanks so much dx. I really am grateful for your advice Billy  
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Natwest retail


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Hi all,

 

I have had a letter from wescot today chasing a debt from Natwest Retail. The balance is £318.99 Im guessing it was a joint bank account my ex and I had some years ago, possibly 4 or 5 years. If it is a bank account should I do a CCA request to wescot and maybe a SAR to Natwest?

 

Please help

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Hi, NO a bank account does not have a CCA 1974 agreement as it is not a form of credit, so no point in a CCA request.

A SAR will produce all the data on the account, but if this is a joint account the data you will receive from a SAR will be

restricted to data strictly referring to you only.

 

I would suggest the following letter to Wescot.

 

The Compliance Manager

Wescot Credit Services.

 

 

Ref: Use theirs:

 

Sir/ Madam,

 

I refer to a letter from Wescot date xx xx xxxx in which it is alleged that I owe a debt for £318.89 originating from and an account with Nat West, please not I have no knowledge of and do not accept any liability for this alleged debt.

 

Therefore Wescot Credit Services Ltd., must within 7 days provide unequivocal proof that I am the debtor it seeks, if such information in not forthcoming I will consider

the matter closed.

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

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Thanks Brig

 

Ill give that a go

 

Good luck.

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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Hi all

 

Had a response from Wescot with regard to my prove it letter. They are asking for me to confirm my date of birth. The last address I lived with my ex and date vacated.

 

How should I play this one?

 

Often tempted when Wescot ask this to suggest reply I don't need to confirm my DOB as I already know it, thank you for your inquiry.

To reply normally I would state that if Wescot have been writing/calling they must already know who you are, and tell them that requiring such proof of identity is in breach of OFT Guidance on Debt Collection as it is entirely for them to prove you are the debtor (alleged) that they seek.

 

 

It is of course your choice of how you reply, my guess is they are using CRA tracing searches to confirm your ID.

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!

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Hi brig

 

Thanks again. Do you think this letter is appropriate?

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we 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 consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

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Absolutely fine, just add as the last line:

 

This letter is NOT an admission of any liability to xxxxxxxx or any company it may claim to represent.

 

Don't want Wetcloths claiming it's an acknowledgment at a later date.:wink:

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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  • 3 weeks later...

Hi everyone.

 

After sending a prove it emai to Wescot on 20/07/2013 I have heard nothing until today. A letter from Wescot saying their client has offered a discount. They do not state what or how much the discount is. It just asked me to call them within 10 days or the offer will be withdrawn and they will commence further collection activities. This account is in formal dispute. They have not replied to my prove it email. I have sent the email again but am not expecting a reply. What action should I take now if any. Thanks

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  • 3 years later...
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