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    • go back and read what andyorch said in my above links about a DEED of assignment NOT being a Notice Of Assignment. its a general document for a portfolio of MANY debts they bought on a spreadsheet, NOT specifically relating to YOUR Agreement. but your was like all others, a single line in a spreadsheet.    the sheriff has specifically asked for the NOA and the Default Notice ...neither of which the fleecers have provided, merly a load of ole twaddle like trump does to divert attention away from those NOT being provided.   forget the stuff about LOP 1925 etc that a NOE is NOT applicable in scotland , the sheriff has asked for it..end of!!   bedtime reading particularly regarding default notice sec 87 https://www.consumeractiongroup.co.uk/forum/showthread.php?484300-Cabot-nolans-SPC-Claim-Old-Next-CAT-Debt(2-Viewing)-nbsp&p=5119630#post5119630   read from about post 70.   as for the written submission. i'll find an example later.   dx      
    • Plevin is not a calculation. its a refund of commission they got as they had a backhander of greater than 50% of the PPI sum paid for selling it on behalf of the insurance company that underwrote the PPI policy.   you are after reclaiming the PPI itself. and that is what all our PPI stuff is geared too.   have you still a copy of what you originally sent though as you don't even KNOW what plevin was , how could you have ever have asked for it.!!   pers i'd write back. (you seriously need to stop talking on the phone!!) stating quite clearly that you REJECT totally their refund under the Plevin Rules. my Claim was to reclaim the PPI a paid, not for a refund of your hidden commission!!   i give your 14 days to refund inline with the enclosed spreadsheet , else i will raise a complaint without further notice to the FOS.   please reply in Writing Only.            
    • Kim Kyeong Yeon developed his virus-destroying machine after his child injured herself. View the full article
    • not interested in silly letter   the CCa return please   dx  
    • This is interesting as I was not aware that there was a difference in the PPI claims/calculations.    Long story: I asked for this PPI reclaim over 5 years ago.  The Woolwich loan was taken out when I had a Woolwich current account.  The banking sort code for Woolwich was deleted off the banking system when Barclays inherited it hence they could not find my current account let alone the loan.    They had told me that I had provide proof of the loan as they could not locate it.  I did the FCA deadline search and it still was not located.    As this was the last resort, I had to go into the loft and found it by chance.  They changed the new reference number from the search and attached it to the old past reference number as the complaint was still on their system.    Even speaking to them about their calculations and the one I got from the on-line calculators, no one can explain the difference, they just keep saying that they cannot speak to the PPI calculations team, they have to email them!    Also I thought the Plevin paragraph was standard information.  So this is where the mystery lies,   I can reject the Plevin calculation and ask for calculations based on my actual PPI sums paid,   would this then be in line with your calculator?
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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They have been hounding me following a PCN they issued, for parking at Aire Street car park, Leeds.

 

The day in question was Sunday 24/11/13,

parking between 15:00 and 23:00.

The driver paid the published "all day" rate of £3.50 and displayed the ticket properly.

PE are suggesting that the driver overstayed their welcome, and would like the driver to pay over £100 !!!

 

I appealed strongly, with photographic evidence of the signage at Aire Street.

There are two very large signs stating "Sat & Sun - £3.50 all day".

 

Now, unless I have been the only UK citizen to misunderstand the definition of the 24 hour "day",

then my appeal would be a total 'no brainer'.

 

To my astonishment PE rejected my appeal,

issue a POPLA code,

and offer me a discount of £50 as a 'gesture of goodwill'.

 

Guess what? - they re not getting a penny and can go to hell !!!!

 

I wish I could attach the photos (how do I do this?),

because they are the best laugh ever.

 

On revisiting the site, I noticed a third much smaller sign, reiterating the Sat/Sun £3.50 day rate,

with another note specifying an overnight rate Mon-Sun from 18:00.

The signage is totally ambiguous, lacking prominence and clearly designed to trap.

 

I resent the time and effort I am putting into this,

but am determined to fight back as strongly as possible.

 

I suppose more time must now be wasted filling in the POPLA appeal,

but I feel so annoyed about this that I want to write to other authorities,

and even see if the Yorkshire Evening Post would be interested in running an article

(they have done so previously about unscrupulous parking operators in Leeds).

 

Please cry and laugh along with me, but also let me have any advice, specifically around the POPLA appeal wording.

 

Many thanks.

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Morning,

 

Whilst I have a lot of time for this site the parking experts are to be found at moneysavingexpert and pepipoo, so you may be better looking there.

Also, check out the parking prankster for both a good laugh and a lot of practical advice.

I won't put links because the mods don't like them

 

Martin g

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I would use your opportunity to appeal to POPLA as this costs PE £27.50 and you nothing. Do not correspond with PE directly any more, it would be a waste of time.

Your appeal to POPLA should be that you paid the prescribed fee for 24h parking so no breach of contract or conditions. You can attach photographic evidence of signage if you wish, personally i would send appeal by post and include the images so no arguments abouit incorrect image file types etc.

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mjh, if you follow the instructions below, you should be able to post up your images :)

 

 

 

*you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Agree with going to POPLA to cost PE money.

 

I would just stick with the signs say £3.50 and send the photos. Quick and easy and the worst that can happen is that POPLA side with PE and you can still ignore.

 

POPLA apparently really dislike the 'no contract, not a genuine pre-estimate' stuff which is usually obviously copied from internet sites.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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but the OP paid the money so accepted that they could park there withour interference from PE for the prescribed time. Simply, there is no breach of contract by the OP but there is now one by PE

The argument about no loss to operator applies for free car parks and charges for overstay being a penalty charge so I would reiterate the fee paid and PE are just plain wrong in claiming otherwise. they will probably withdraw their demand once the paperwork is due in front of POPLA and write a mealy-mouthed "in this instance we are going to let you off as a gesture of goodwill" rather than admit they are dishonest or stupid.

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but the OP paid the money so accepted that they could park there withour interference from PE for the prescribed time. Simply, there is no breach of contract by the OP but there is now one by PE

The argument about no loss to operator applies for free car parks and charges for overstay being a penalty charge so I would reiterate the fee paid and PE are just plain wrong in claiming otherwise. they will probably withdraw their demand once the paperwork is due in front of POPLA and write a mealy-mouthed "in this instance we are going to let you off as a gesture of goodwill" rather than admit they are dishonest or stupid.

 

Yes but always include winning points

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Agree with going to POPLA to cost PE money.

 

I would just stick with the signs say £3.50 and send the photos. Quick and easy and the worst that can happen is that POPLA side with PE and you can still ignore.

 

POPLA apparently really dislike the 'no contract, not a genuine pre-estimate' stuff which is usually obviously copied from internet sites.

 

Sorry but i really have to disagree with your very poor advice there. what you are doing is giving PE the chance of having a go at court and winning!

 

We have a 100% success record against PE with Genuine pre estimate of loss stuff as you put it, its what beats PE hands down at the moment, so why would you against this good track record.

 

Can i suggest that you dont give poor advice of this nature as it only leads to someone having more issues down the road.

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Sorry but i really have to disagree with your very poor advice there. what you are doing is giving PE the chance of having a go at court and winning!

 

We have a 100% success record against PE with Genuine pre estimate of loss stuff as you put it, its what beats PE hands down at the moment, so why would you against this good track record.

 

Can i suggest that you dont give poor advice of this nature as it only leads to someone having more issues down the road.

Your advice is not much better and basically agrees with reallymadwoman!

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I suggest you check out http://forums.moneysavingexpert.com/showthread.php?t=4488337&page=38 and see how often Genuine pre estimate of loss beats the parking companies

 

I used to look at that site, but no more as a lot of advice is rubbish and people seem to prefer to attack other posters.

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Sorry but i really have to disagree with your very poor advice there. what you are doing is giving PE the chance of having a go at court and winning!

 

We have a 100% success record against PE with Genuine pre estimate of loss stuff as you put it, its what beats PE hands down at the moment, so why would you against this good track record.

 

Can i suggest that you dont give poor advice of this nature as it only leads to someone having more issues down the road.

 

Can you explain this a bit further? POPLA is not a binding arbitration. Please correct me if I'm wrong, but I'm pretty sure you can still defend yourself in court even if unsuccessful at POPLA.

 

As POPLA can be dealt with without a hearing, it costs the PPC money and has a chance to get rid of the ticket without needing to spend a day at court ... from where I sit it has to be worth doing?

 

There is not a 100% record against PE with genuine pre-estimate of loss stuff. There are at least a handful cases I've seen on pepipoo where this argument was rejected by the court and a CCJ issued. Despite huffing and puffing from the regulars as far as I'm aware those judgments have not been appealed. Though I agree that it is a strong argument which should be successful in the majority of cases.

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I will reiterate that POPLA severely dislike stuff obviously copied from internet forums, just as much as they dislike standard 'signs are always visible and always comply' responses from Parking companies, and in a case such as this where the OP has uncontovertible proof that they have paid the required amount, including anything but the essential facts isn't likely to help their case and may go against them.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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The 100% success is at POPLA appeal on GPEOL with regards to PE. Its not so cut and dry at court were it has been found both ways. However appealing to POPLA simply on the point that you paid may not win at POPLA, it should do but not always, so it is better to use GPEOL as the main point.

 

POPLA decisions are binding on the PPC but not the motorist.

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I will reiterate that POPLA severely dislike stuff obviously copied from internet forums, just as much as they dislike standard 'signs are always visible and always comply' responses from Parking companies, and in a case such as this where the OP has uncontovertible proof that they have paid the required amount, including anything but the essential facts isn't likely to help their case and may go against them.

 

Again you are wrong, there is no problem with the OP advising they have paid the required Fee, but why rely on that when you can include sure fire defences at popla such as GPEOL.

So you shift the emphasis to PE to prove their loss, they cant, the assessor will find against PE, he will spot GPEOL and not bother with anything else

 

There is not point putting the OP at risk of loosing at Popla.

 

Telling people if they loose to PE at Popla they can ignore is costly advice, and pretty poor, why take the risk when you can cover all bases.

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Can you explain this a bit further? POPLA is not a binding arbitration. Please correct me if I'm wrong, but I'm pretty sure you can still defend yourself in court even if unsuccessful at POPLA.

 

As POPLA can be dealt with without a hearing, it costs the PPC money and has a chance to get rid of the ticket without needing to spend a day at court ... from where I sit it has to be worth doing?

 

There is not a 100% record against PE with genuine pre-estimate of loss stuff. There are at least a handful cases I've seen on pepipoo where this argument was rejected by the court and a CCJ issued. Despite huffing and puffing from the regulars as far as I'm aware those judgments have not been appealed. Though I agree that it is a strong argument which should be successful in the majority of cases.

 

Popla is always worth doing, but it should always include winning points, there is a 100& record of winning @ Popla against PE. so why not ALWAYS include those winning points, indeed cases have

been lost at Court on GPEOL

 

However we now have a 100% success rate against Parking eye in court hearings where the Defendant has been accompanied by a forum helper * waves to bargepole et al*

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Popla is always worth doing, but it should always include winning points, there is a 100& record of winning @ Popla against PE. so why not ALWAYS include those winning points, indeed cases have

been lost at Court on GPEOL

 

However we now have a 100% success rate against Parking eye in court hearings where the Defendant has been accompanied by a forum helper * waves to bargepole et al*

 

I agree completely and good to hear you guys have been successful in county court.

 

 

I am just wondering why the hostility to POPLA. Surely it is still worth having a go at POPLA even if you lose?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Ok, further suggestion- use all and any valid reason but put them in the order that creates a proper time line to the events. so firstly argue that paid and displaid ticket so conditions of contract not breached Secondly argue that PE havent shown how contract breached (pictures of signage) and they then failed to show how paying money as prescribed can possibly cause a loss to them and that furthermore PE cannot show a genuine pre-estimate of loss by a breach, however caused. It steers the appeal in a certain direction but allows each point to be considered.

I thnik POPLA will consider 1 point only if they decide to uphold your appeal as if they agree to consider all points and find for you on each of them then PE would be in for it regarding possible criminal activity and certainly be ammunition for a claim against them.

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