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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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disgruntled MBNA customer

ARC Europe phone/e mail/letter threats for an old credit card debt [scotland]

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Can any fellow users give me some advice on this company.

 

They are chasing me for an old credit card debt. The tone of their e mail and letters are quite threatening.

 

CAN THEY TURN UP AND REPOSSESS SOME OF MY BELONGINGS?

 

What should I do? My instinct is telling me to ignore them and not enter into dialogue.

 

On the other hand I was thinking of offering them £400 to settle the debt which id around £2000. Do you think they will accept this.

 

Really really grateful for any replies

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A debt collector cannot turn up and collect your belongings. They have no more power to do so than the milkman. If anybody turns up (which is unlikely) tell them to leave and if they don't then call the police to remove them.

 

Don't discuss anything by telephone, email - tell them that you will deal with postal correspondence only.

 

In terms of the £2,000 debt, when was a payment last made to it and do you know if it includes any PPI / charges. Until such time as you have this information you should neither acknowledge the debt or make any offer of payment. When they write to you, post up the letter on here (minus any personal details) and someone will be able to give good advice on the next steps

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Dear Mr xxx xxxx,

 

Your failure to make an offer of repayment has resulted in your account being passed to our specialist collections department for assessment, after which we may recommend recovery by our doorstep agents.

 

As an alternative to us recommending doorstep recovery, you should immediately telephone us on xxxx to discuss the repayment options available to you to clear the outstanding balance in line with your current financial situation.

 

Payment may be made by card securely online at http://www.arceuropeltd.co.uk using your reference number xxxxxx

 

Many thanks.

 

xxx xxxx

Collections@arceuropeltd.co.uk

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Dear Mr xxx xxxx,

 

Your failure to make an offer of repayment has resulted in your account being passed to our specialist collections department for assessment, after which we may recommend recovery by our doorstep agents.

 

As an alternative to us recommending doorstep recovery, you should immediately telephone us on xxxx to discuss the repayment options available to you to clear the outstanding balance in line with your current financial situation.

 

Payment may be made by card securely online at xxxxx] using your reference number xxxxxx

 

Many thanks.

 

xxx xxxx

Collections@arceuropeltd. co.uk

 

Really grateful for any advice on this

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doesn't matter

they are powerless

 

whos the original creditor?

 

what was the debt?

 

is it on your CRA file?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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two threads merged

 

please keep to one thread

 

can you answer the questions in post 7 please

 

FYI: there is no such thing as doorsteppers DCA's in Scotland

 

not really allowed.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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