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    • Thanks for the clear info. about how the estate and parking is organised.   Considering most letters drafted here are a load of abuse directed at the private parking companies, I thought the language was very restrained!  There's not an insult in there 🤣  More seriously, all the legal points in the letter are correct and I think it's good to go.  The agency "should" act and get the ticket withdrawn, but on the other hand they might well not have a clue about the law and refuse to cooperate, even if that would be worse for both you and them.  Still, it's only a stamp and nothing ventured ...   Do you know the history of the industry?  Once upon a time there was only one trade association, the BPA, with a half-decent appeals body POPLA, which often found in favour of the motorist.  This situation was unbearable for the more crooked of the PPCs like UKCPM who trotted off to a new rival association where the IPC association, its appeals body the IAS, and the firm of solicitors who most usually take on these cases ... are all run by the same people!  No conflict of interest there!  The IAS twist everything to always find in favour of the PPC.  The best analogy I can think of is the Mafia.  The Mafia no doubt have their own internal logic about oaths, what amount of protection money it is reasonable to demand, what you can to someone who cooperates with the police - none of which has any connection to the law of the country.  That's how the IAS operate.  Motorists who appeal just encourage the PPC by showing respect for their crooked "procedures", and are at risk of throwing their legal protection under the POFA away by outing themselves as the driver.   If you look in our PPC Successes thread at the top of the page (starting from the most recent cases), concentrating on cases that went to court, you'll see that in their Witness Statements the fleecers do indeed often say the motorist "should" have appealed.  I can't remember one case where the judge was the slightest bit interested in that argument.   It'll be somewhere in the POFA, Schedule 4.          
    • make sure your PDF is lees than 4.8Mb's.   why wont it upload what is the error?   dx  
    • Thanks for all the help, folks, in terms of whether to reply or allege harassment - well being harassed itself it is advised anyway not to respond to them in the first instance. So as Fruit Salad and DX says ignore until letter of claim and not confirm ID which is what I will do.   As I said I note it here as part of the timeline, and just keep records of it for later if necessary. Not intending to do anything with it just yet.  
    • The Financial Ombudsman Service [FOS] has finally come back to me with its thoughts on a long-standing complaint about mis-sold PPI.   The policy was sold to me in April 1997, which, as I appreciate, is before policies became regulated by the FCA on January 14, 2005.   The policy was sold to me by Cofidis which at the time of the sale was not covered by any of the schemes which were applicable before the FCA regulated the sale of PPI policies so the FOS has asserted that my complaint cannot be pursued there.   However, I was already aware of this and my complaint to the FOS was not against Cofidis but the company that provided the cover for the PPI policy, Chubb European Group SE / ACE Insurance S.A. [‘Chubb’] which, at the time of the sale, was covered by one of the schemes that existed before 14.01.05.   The FOS acknowledges this but has said: “There does not appear to have been any direct connection between Cofidis and Chubb at the time of the sale. So the only way Chubb would be responsible is if we can establish that Cofidis was acting as an agent of Chubb when selling the PPI.”   It is the above with which I struggle to agree, but would appreciate the thoughts of those with more expertise than me in these matters.   Firstly, it seems to me there was a direct connection between Cofidis and Chubb. I have supplied the FOS with a copy of the original terms & conditions of the policy [attached here], which is titled ‘Cofidis Limited Protection Plan’ and refers throughout to Chubb. Moreover, it also states that should you wish to cancel the cover at any time you must do so not by writing directly to Chubb but to Cofidis.   This being the case, it seems clear to me that, contrary to the FOS’s assertion, there was ‘a direct connection between Cofidis and Chubb at the time of the sale’ and, what is more, it is entirely conceivable that there was an agency relationship between the two.   The FOS goes on to make the point that it contacted Chubb which advised that it ‘did not have an agency relationship with Cofidis’. Of course, they would say that wouldn’t they! More to the point, when I complained to Chubb, contrary to what they subsequently told the FOS, they said: “Unfortunately, due to the passage of time we no longer hold any information to confirm the relationship between Cofidis Insurance and Chubb when the policy was sold.’   In these circumstances, it is my belief that as a member of the Association of British Insurers, Chubb had an obligation to act in accordance with ABI guidelines and take measures to ensure that any third party, such as Cofidis, selling PPI policies on its behalf did so in accordance with the industry codes of good practice.   Any thoughts gratefully received.   Thanks in anticipation Fred Funk   Cofidis Limited Protection Plan-1-merged_compressed (1).pdf
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    • Mediator point - Hermes lost my parcel and it is offering just a partial refund of the total amount requested. What's next?. https://www.consumeractiongroup.co.uk/topic/434633-mediator-point-hermes-lost-my-parcel-and-it-is-offering-just-a-partial-refund-of-the-total-amount-requested-whats-next/&do=findComment&comment=5109422
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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Hi

 

I was hoping someone here would be able to advise me on what to do.

 

3 years ago I took out a loan with Wonga for £100, and despite thinking I had paid it off, it looks like I haven't. This was in Jan 2011, and I haven't heard anything until today when PRA contacted me.

 

PRA have put my account on hold for 14 days as I was adamant I had paid it back (back then I was very stupid and had so many loans which I only fully repaid at the end of last year). I have checked my bank account and the only thing that has come out is £53 in Jan 2011, which apparently is interest on the loan.

 

I moved address in November 2011 but I haven't received an email, call or letter from Wonga regarding this loan until PRA called today. So my memory of things is a little hazy. But PRA are wanting £166, which they can go whistle for. I'm more than happy to pay off what I owe, that's not an issue. But given I've already paid £53, and had no contact, I'm wondering what the best course of action to take would be?

 

Many thanks in advance :)

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So this dca have contacted you? Send a prove it letter. Its up to THEM to prove a debt exists. Not for you to prove it doesnt.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Stupidly I confirmed the loan existed, and they had all the dates and reference numbers. They want me to send a statement showing the payment I supposedly made (which I can't find, so assume I never made).

 

The original loan repayments would have been £127,so I feel I should only pay that minus the 53 that was taken off me...

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Does PRA own the debt? Or does wonga?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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To clear up what happened, they rang my parents first (I have no idea why, I haven't lived there for 12 years, and they rang me to pass on the number of the guy that rang. I called that number (and 0151 number) where I stupidly confirmed my new address, phone number and email address. Largely because I thought the debt had been paid.

 

I admitted to having taken the loan, but told him that I was sure I paid. He said he'd put the account on hold for 14days so I could send in a statement. Something I have no intention of doing.

 

He also mentioned it was on my credit file, but I had access to that at the start of the year, and it wasn't on my file at that point.

 

I'm going to state that all communication is written, however I am not paying the £166 they are asking for. The loan was initially 100,with interest would be 127 and they took 53 in Jan 2011.

 

Any advice would be appreciated, and I hope this post clears a few things up

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OK. So first, theyve broken the DPA, by communicating personal info via a third party.

 

DOnt worry about the phone call and confirming anything. They just use it so they can harass you more. Unless things are in writing, they mean nothing. Calls only means something if they are recorded, and with DCA's and PDL's, that rarely ever happens.

 

Ignore the silly remark about your credit file. This is common rubbish that a lot of companies use to scare you into paying. If its on there and PRA have added it, not wonga, then they are in trouble.

 

What you want to do now, is keep all correspondance in writing, and ensure you demand a fully itemised breakdown of the amount they allege you owe. Make sure you refer to the account as the alleged account, and alleged amount. Dont refer to it as MY account. Not yet anyway.

Even better, would be to send them the Prove it letter from the CAG library.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Thank you :)

 

They did mention the call was recorded, but I'll take that with a pinch of salt.

 

Given that I confirmed the debt on the phone, won't they just reply to the prove it letter with something along the lines of "you've confirmed this on X date over the phone"? I can get that letter and the itemised one both done I suppose, I'm more than happy to push them on this.

 

I checked my credit file again today, and there's nothing there at all from wonga, so that's something at least!

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If you send the prove it letter, they are obliged to provide full and complete proof. They cant just fob you off and say " We told you over the phone". You are legally entitled to deal with your financial matters in writing, therefore they must provide proof upon request.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Having actually looked at the Prove it letter, it might not be suitable in this case. Unless the Prove letter will likely make them provide an itemised break down. What do you think about sending a CCA request with a specific amendment to ensure they send the credit arrangment and the break down?

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Hi

What is needed to comply with a CCA request is laid down in law so I can't see anypoint in asking for more under that. All they need to do is provide the current balance and agreement +T&C's

 

I can see no issue with asking them for a complete statement although they might write back and ask for £10 for a SAR request

Any opinion I give is from personal experience .

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