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    • Sar(email to VCS) went on 07/08/19 and CPR letter went on 14/08/19 to dcb legal.
    • Thank you all for your input so far. I have now received a letter back from my CPR 31.14 stating 'CPR 31.14 is not relevant to small claims matter, pursuant to cpr 27.2......we are under no obligation to disclose the documentation at this stage.' I assume this response is expected?   I have reworded my defence and made it more succinct, I'm not sure what else I could add?   1. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.   2. It is admitted that the Defendant was the registered keeper of the vehicle in question. However, the defendant has no liability as they are the Keeper of the vehicle, and the Private Parking Company has failed to comply with the strict provisions of PoFA 2012 to hold anyone other than the driver liable for the charges.   3. Signage at the site is not sufficient. A sign is present on the left hand side of the entrance, away from the driver, and therefore cannot be easily read by the driver of a passing vehicle. On closer inspection this sign states ’Refer to the full Terms & Conditions signs located throughout the car park’. Signs are located so that information is often obscured by other parked cars and is difficult to read. These signs state ‘Entry to or use of this privately operated and managed car park is subject to the current terms and conditions of vehicle control services ltd. Motorists/persons utilising this car park hereby accept in full the terms and conditions.’ Therefore, the driver is deemed to have agreed to the terms and conditions by having entered the car park before knowing what those terms and conditions are. The elements of offer, acceptance and consideration both ways have therefore not been satisfied and so no contract can exist.   4. The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4 not with reference to the judgement in parking eye v Beavis. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the civil procedure rules 1998    In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4. 
    • On side note: I have notice that many people without the skills to argue their point, accuse others of being rude, racist, sexist, homophobic etc. I.E. Excuse me, i don't have a receipt for this refund, but i have my bank statement,  can i get a refund? -No, no receipt no refund - But your policy and the law says "proof of purchase" not "receipt " - You're rude/racist/homophobic, you must leave now or i call security.    I see this happening day in day out. Even kids do it, they're very quick at gaining a crowd's attention by shouting "racist/homophobic" so they can feel they've won the argument.  Sad.  
    • The advice is: make a complaint and get a refund. Then make another complaint about the inspectors attitude if you want, but changing the world is something that it's not going to happen, surely not for an excess fare. Inspectors are given discretion and unfortunately some of them take this as a sign of power over other people. It's impossible to sack all people who have a little position of power and employ more, hence the complaint system.  That's life and as .much as everyone of us want to improve it, it's an impossible task, so don't waste your time and brain on it. Just accept that there are things you can't change.  Get your refund, get your apology, then move on. That's my advice.
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pre impact collections letter!

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Hi everyone,

 

I have started a general thread about my overall situation:

 

(it wont let me give a link 'cos i am new)

 

 

Today I received a letter from vanquis which is titled FINAL DEMAND - PRE IMPACT COLLECTIONS

 

I must admit that I find this title hilarious, am I the only one that thinks it sounds like they will arrange a car crash if I dont pay up?

 

The only option they are offering me is to ring them on a 7p per minute 0871 number to make a payment. What they dont say is 'alternatively you could pick up the phone at some point as we take you on a daily mystery tour of UK dialing codes and subject yourself to a torrent of needless abuse'!

 

What I have done so far is this:

I have stopped paying them the £150 pcm they demand, which is about £142 interest and I have begun paying them £5 a month. This is genuinely all I can afford, I am not trying to [problem] this and if I had 3k spare I would stuff it up their .... To get rid of them.

 

Advice as to my next move on this?

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Change your phone numbers straight away impact are their in house Muppets, they will hound you so many times it will drive you nuts, did they charge you the ROP? if so use it and put in a claim if you can, did you ask for it? if not reclaim, when was the cards taken out?


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Hi mikey,

 

they dont have a current phone number - one step ahead. Card was taken out in 2005. No rop.

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So no ROP have you had charges levied on this account if so they can be reclaimed

 

 

MM

Edited by mikeymack2002

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As stated in #2 lol

 

 

MM


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Actually, shouldn't the name be pre-fixed with 'Very Little' as they are the tame DCA


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At the end of the day Impact refuse to help a customer, but if you do manage to get this sorted please update your thread

 

 

MM


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as far as i am concerned it is sorted! they get £5 a month, if they think they can get any more then they can go for a court order. However, no income in a council house with full housing benefit so i think i am pretty safe.

 

Next steps???: leave for a few months then CCA then send CPUTR letter then..., well that depends on what i get back. In fact, i may well 'pre impact' them by dropping it to £1 a month!?

 

I must say that every single one of my creditors have been about as professional as a primary school nativity play, even the mainstream ones (hello barclays). Initially i did the 'proper thing' wrote to all as soon as I was in a mess and told them the score. Each one either ignored (4 of them) or wrote back asking me to ring them (2). I have tried to be grown up and professional but They have all descended into childish bullying. I cannot change the facts whatever nonsense they come out with. I have no money - fact and no matter how far they stick out their bottom lip I will still have no money.

 

I am beginning to think that the best thing to do is stop all payment and see who goes to court because the last thing I need is a default on my file for 5 years and then a CCJ appearing in 2020 meaning 12 years of credit file servitude. Surely I would be better forcing the issue now and getting all the clocks ticking at the same time? What do you think?

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You will be dropped from entering their main site, but google Impact collections and you will be able to pay your £1.00 thru that site regardless of the threatograms they sling out, e-mail they refuse to answer just tell you to ring (of course you do not) statements come thru from Impact anyway after a while.

Edited by Old Cogger

:mad2::-x:jaw::sad:

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cheers mike,

 

I'll be paying through my online banking i think.

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well today i got the impact letter - so i guess i am now post or perhaps peri impact?

 

Basically the same letter but they have saved on blue ink this time. Still the same set of options - i can either phone them or phone them.

 

Anyone with experience know what nonsense i can expect next?

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As Stated earlier Impact are the hounds in the back office of Vanquis, they will ring you so many times it's unreal then if they can't get hold of you they will farm it out to the like of 1st credit the like, but in your other post if you can find out if Vanquis did sneak in the ROP as described in the other post then you should ask for it to be activated. But is the Vanquis card a joint or sole application?

 

 

MM


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Hi MM

 

No ROP - saw that for what it was in advance. Everything in sole, just me. No rop, no ppi or anything like that

 

When you say 'if they cannot get hold of you' do you mean on the phone? Every letter says ring ring now, ring or else. I know why, they want to harass my debt card details out of me and then (perhaps) help themselves to money just before i get to the checkout at the supermarket!

 

I was expecting a visit from the provident doorstep muppet - do they not go that route?

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Nope not allowed to. Did you read my thread at all? Mine took so long to sort out it was unreal, ok now back to business, on the Vanquis card how much have the added in late fees and over limit fees too, the reason I ask is from your other thread you have a total of 16.500 which is above the upper limit for a DRO.

 

 

I have asked Seq. if we can get this below the upper limit then your best option is a DRO in your case, £90-00 fee 1 year hard work then all done and dusted, does this make sense to you now? It maybe something as simple as demanding all those fees back which I hope will then take you below the threshold for a DRO, your thoughts please. I have put out an SOS for a guy that maybe able to assist on reclaiming those fees if you have any ok?

 

 

Muppets are cute door steppers are not

 

 

MM

Edited by mikeymack2002

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Cheers MM,

 

Been doorstepped before, so doesnt worry me - are you a police officer? are you a court appointed bailiff? well #$%£ off then.

 

I'm not too worried about a formal solution at this stage - and there is no way i can get below 15k - right now i am trying to see who can enforce what and how much i have to pay them. If necessary i am sure i could 'borrow' the £750 from the bank of dad.

 

Right now I want to get to the bottom of who to pay what and why and then take a step back and look at the best line of attack.

 

Yep, I have read your thread along with about 300 others!

 

Next step here is a CCA request to VAnquis i think, unless anyone can suggest a better option?

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Nope Vanquish will as you now have seen be a pain in the bottom. Get the CCA off asap 12+2 days then update, are you doing this for al debts? have you recently checked credit file? Chat soon

 

 

Don't for get this is pre 2007, they MUST send you a signed credit agreement, including t&c's for the whole agreement including any changes, if they can not provide this then until they do it's unenforceable. Any debt taken out pre 2007 are the ones to hammer out first, because it is likely they will not have the full details after all this time, Vanquis have been well know for losing a letter they received that morning lol

 

MM


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mikey, it doesnt seem to say in your thread, did you ever get a CCA off vanquis?

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Lol no never nor was my SAR acknowledged either, but the final result was £50-00 f&f with no further action on the outstanding balance either

 

 

 

 

MM


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Lol no never nor was my SAR acknowledged either, but the final result was £50-00 f&f with no further action on the outstanding balance either

 

 

 

 

MM

 

Was the offer accepted

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yes


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how much did you owe them? I owe about £400 and I'd like to offer them a F&F

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