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    • You do realise all your pers details are shown in file info/properties?   It's why our upload guide states use pdf only    Dx
    • Remember that your hearing is for set aside, and only for set aside.   The judge couldn't give a monkey's whether your defence is legally sound and able to beat the fleecers on every point.  That's for the judge for the final hearing much later down the line.  The judge will want to know    - if you have a serious reason for not defending the first time around, and    - if you have a defence.   That's all.  Oh, and you didn't faff around for months before applying for set aside.   Therefore it occurred to me that forcing motorists to queue up in shops to get vouchers to then faff around at machines to input codes, rather than just, er, allowing two hours free parking, could be construed as an unfair term under the Consumer Rights Act "notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer".   To a large extent at this stage it doesn't really matter if I'm right or wrong or clutching at straws, the judge just wants to see an series of bullet point you intend to argue in your defence.   If you do include it I now see the Act is 2015. not 2019.
    • This is the letter I sent to P.E.on behalf of my friend, who is a work colleague.  P.E.sent nothing that was requested, and instead sent a letter which is the one posted in this read.  here is what I sent to P.E.     Dear Sir/Madam,                                  Before I am in a position to decide what to do with this pcn, please supply me with the following documentation, no later than 10 calendar days from the receipt of this letter.   1.Please supply a  full unredacted copy of your agreement with the land owner allowing you to enforce parking regulations. Unless of course, CEL are the legitimate landowners, in which case I require a copy of that proof as registered with the land registry. If however,CEL are not  the legal landowner of the said land, then you will have failed to constitute a contract with the land owner giving you the rights to enforce parking on the site.     When considering wether you are the legal land owner, and entitled to the stated fee, please bear this in mind:-  2.If CEL are not the legal land owners, then your penalty charge would be deemed illegal under the Unfair Terms in Consumer Contracts Regulations 1999,if you are not the legal registered landowner. It is also an unfair term according to the Consumer Rights Act 2015 regulation 62(4) October 1 2015.   3. I require you to provide me with a breakdown of how you reach the claimed figure. Please be aware of Judge McIlwaines comments in VCS v  Ibbotson Case No 1SE09849 16.5.2012 (transcript in the public domain), where judge McIlwaine said  “Parking charges cannot include business costs which would occur whether or not the alleged contravention took place”.   Based upon that evidence, I suggest that the amount claimed is excessive and is being enforced as a penalty for allegedly parking. The parking charge does not represent a genuine pre-estimate of loss, and therefore is unfair as defined in the Unfair Terms in Consumer Contracts Regulations 1999. The charge is also, nearly double that of what a council parking charge would be.   I believe there is no contract with the landowner that gives CEL the legal standing to levy these charges nor pursue them in the courts in their own name as creditor.   4. Supply  me with documentation showing how or where I formed a contract with CEL.I don’t recall entering into a contract wether fomally, verbally, by phone, text, email, or in person. Signs do not help CEL and drivers to form a contract.CEL, I believe, are only an agent who may or may not be the legal landowner as registered with the Land Registry.  Excel -v-HMRC 2012 is the binding decision in the Upper Chamber which covers this issue with compelling statements of fact about this sort of business model.   5. CEL have not said wether the pcn is for damages for trespass, or a contractual sum. Please specify which it is.   6. I do not believe that CEL have planning permission to erect signage (or the cameras) at this location),required under section 2a, town and country planning act,as defined in the Information Commissioners code of practice, book, updated October 2017.Here is the section you need:-   “Given the significant amounts of information that ANPR systems are able to collect, it is important that individuals are informed that their personal data is being processed. The best way to do this is through signage explaining that ANPR recording is taking place and, if possible to do so, the name of the data controller collecting the information.   While it is a challenge to inform motorists that they are being monitored, there are methods you can use, such as the Town and Country Planning Act (control of advertisements) Regulations 2007, to help provide this information (see section 9.1.2 for further detail)”. You will find this on page 34, section 5 of the said handbook. If  however, you do have planning permission from the local council to erect cctv/anpr cameras and signage,, then please forward me a copy of the planning permission granted. I also require a copy of the approved planning application, approved site plan and schedule of installation and maintenance of the signs, and cameras.   7. Do not try and frighten me into paying by quoting the Supreme  Court case of Parking Eye V Barry Beavis. Here is some information before and since that case.:- Parking Eye actually pay a fee to the landowners of the car park in question in the SC case, which is why no other cases using this case have gone to county court.  Furthermore,Judge J J Maloney did say in his case that he is “ only a district Judge and each case would be different depending on its issues”. Either provide me with all the documentation I have requested, in the time scale stated, or simply  cancel your actions.                                                   Yours Sincerely   Obviously i changed the name from CEl to Parking Eye.   For a windscreen ticket.docx
    • Good evening   Have something of nothing really to tell   BigMW - I received an email yesterday from the business manager requesting that I attend in person...rather ironic considering I'm imobile hhmmm....   " If you require further information could you please come to site and present valid ID.  The purpose of this is to prevent fraud"   I would deem this an unreasonable request!! Firstly it's taken 36 days to respond, why isn't my drivers license feasible?  Please advise here   Creation Finance -  Received Docs from Sar request - Doc confirming pcp attached....What do you think?   Further to the above, I should have heard back from their investigation (20/05/2022) . I've heard absolutely nothing!  Do I at this point send a nudge email to them or just go straight to FOS regarding both parties?   Thank you     PCP contract_.pdf
    • SAR, yes do both, could be useful for cross referencing   The dates you've given for moving abroad also change from your original post so the more info you can gather the better   Also, there's quite a few questions you haven't answered that could be useful.    
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Vodafone - missed payment on credit rating and refusing to accept any responsibility


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Bit of a long story but here goes:

 

I moved house in 2012,

called Vodafone to change my address and they said it had been processed - end of phone call.

It became apparent some months later it had not been processed,

I called again, advisor said it had been processed, end of phone call.

 

Fast forward to January 2014,

I wanted an upgrade but couldnt get the phone I wanted through Vodafone (wanted me to pay for that handset).

 

Went via phones4u instead,

got the phone I wanted, on a Vodafone contract, but new phone number.

 

called Vodafone, made what I thought was my final payment (on the call I was told that was the final payment and no further payments required).

 

Set up new phone and cancelled my old account (old number deactivated).

 

And now we reach April 2014,

I receive a letter from a debt collector.

 

Thought it was a [problem] as I dont have debts, binned the letter.

 

Received another letter, this time called the debt collection agency and was informed it was related to Vodafone.

 

Called Vodafone immediately,

and once I provided them with my old phone number it became apparent I had £32 left on that old number to pay, so I did immediately.

 

I had never received a single letter from vodafone,

no emails (my email address never changed) and they did not contact me on my new mobile number

(after all I am still a Vodafone customer, I never left).

 

Now I have a missed payment on my credit rating,

appalled at this I spoke to someone on the customer relations team who was very apologetic

and said they would remove the missed payment.

 

I was happy with this resolution, until I got an email today from another person in the same team

who now has decided I cant have the missed payment removed because they have no record of me contacting them to change my address,

therefore it is apparently correct.

 

What I want to know is where do I stand and what can I do?

I dont remember the 2 phone calls I made to them (it was definitely one in 2012 and the other could have been any time after May 2012

and before January 2014).

 

I cant exactly remember when I rang them to change my address,

but I know I did and I'm furious that I now have this on my credit rating,

especially when I want to purchase a house with my fiance in the next 18 months or so.

 

It also infuriates me that they have no 'processes' in place to link an old account with a new account

- my full name, email address and date of birth is the same on the previous account

and the current account, why would it be so difficult to quickly check if I was still a customer

so they could have obtained my new address (on my current account)

and contact me to let me know about the missed payment?

 

Does anyone know where I might be able to find the rules on how a lender (i.e. Vodafone)

should act when a payment is missed?

 

I've tried the OFT, Financial Ombudsman etc.

I just cant believe that they would be allowed to pass on a debt and mark someone's credit rating

without trying different avenues of contacting the customer,

they had an active email address so why not use it?

 

I have asked Vodafone for transcripts for the time period in question for each call I made to them

(I have all my phone numbers that I have ever contacted Vodafone on) to prove that I never requested a change of address

- I am hoping that if I push a bit harder I will eventually get them to accept their mistake.

 

Its just so awful to be promised one thing by an advisor on the phone,

and then to have it taken away again by another new person.

 

And even worse knowing I changed my address at least twice yet they are claiming to have no record of this

- I have never missed a payment for anything in my life and would not dream of being late on a payment.

 

One thing is for sure

- when mine and my partner's contracts are up we will leave Vodafone and never look back,

this could well mean we wont get a mortgage for 6 years and that is a horrible horrible place to be all for the sake of £32 that I didnt even know about!

 

Sorry for the essay and thanks in advance to anyone who can help.

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hi

 

we have a very good voda rep here that i'm sure will sort this

 

follow below:

 

We here at CAg have a very successful VodaFone Rep operating here

.

We advise you to follow this method to alert them to your thread:

.

To get this looked into further could we please you ask you to email

.

https://help.vodafone.co.uk/system/selfservice.controller?CMD=ESCALATION_REQUEST&PARTITION_ID=1&CONFIGURATION=1000&COUNTRY=us&LANGUAGE=en

.

with the details quoting the code WRT135 - CAG Forum in the subject line

.

Once sent you'll receive an automated reply with a reference number.

.

To ensure that it reaches Lee could you update the thread with this

and He'll get back to them as soon as he can?

.

CAG.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi KC100,

 

I’m sorry to see what’s happened.

 

So that we can look into this, please get in touch using the link that dx100uk has posted above.

 

Once you’ve sent the email, you'll receive an automated reply with a reference number. Please update the thread with this and I'll check we’ve received it.

 

Thanks,

 

Jenny

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