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    • Well, it's up to you, but I would consider two things.   1.  If you wanted to give in, the time to give in would have been at the start.  They're now suing you and if you pay now you'll have to pay their costs, and if it goes to a court case and you lose you'll have to pay their costs, so in a sense you might as well continue the fight.   2.  Although you were "in the wrong", it's perfectly possible that NCP don't have planning permission or sent out their demand too late, or will simply discontinue if you put in a robust Witness Statement.   Meanwhile I've tweaked the defence a bit, see if others agree or disagree.   1.  It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract.   2.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.   3.  It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability.   4.  I believe that the claimant did not obtain planning permission granted for signage etc under the Town and Country Planning Act 2007.   5.  The Defendant has added additional amounts to the claim to try to circumvent limits on legal costs in an abuse of court procedure.  
    • I ordered a new computer last week online and it was faulty so had it replaced yesterday. This was also faulty so I had another replacement sent out today!   While I was negotiation either a refund or a replacement they asked me if I wanted to order a different one, so I had a look around the website but couldn't decide in the time I had so I just went for another one the same.   The delivery guy just turned up to take away the old one with a replacement AND the alternative one I was looking at!   So I took both anyway, because I'm still actually in two minds as to whether I want to stick with the original computer or go with the alternative, which might be more reliable because it's a more established company.   They didn't ask me for any credit card details so as far as I am aware so far they won't have charged me for the extra computer. Would they need to take my details again or would it go through automatically?   Am I within my rights to keep both if they've made a mistake and don't charge me?   I don't want to come across as dishonest, but well:   1. I've spent the past week setting up two computers, trying to fix things only to end up having to go through it all again today and this has been a huge waste of my time and a lot of stress (time is money) 2. I decided to just take both primarilly because I saw the box for the alternative and it looked nice and I thought I could just take both anyway and then decide which one to open and keep (because I'm guessing if I have been charged both to my card and I open both then I've got no legs on so far as a return is concerned)   Anyone got any consumer advice on what legs I have to stand on and what I should or should not do at this point?
    • Around the time I used that carpark quite frequently and would always pay on the App. I don't often carry change and the pay machines there were notorious for not connecting for card payments - NCP always blamed Vodafone's coverage.     If my dates are correct, I had a new staff member with me on that day and we were headed for lunch. I was also in a hire car. As the hire car wasn't registered to the parking App I think it's highly likely I intended to pay for the parking when sat down for lunch but ultimately failed to do so.
    • I imagine there must be some book somewhere which describes exactly what each particular service interval should comprise. Are you able to get hold of that?
    • I don't think you need any further inspections for the moment. Of course what would be interesting to see would be the mechanics report which was prepared for the finance company. Although the inspector has apparently said that the problem was as a result of "fair wear and tear", they don't actually say what the problem was. How long ago did they promise you the copy of the report? I wonder if they will really provide it to you. Just in case it suddenly doesn't arrive – I would send them an SAR. Do it straightaway doesn't cost you anything and there's nothing to lose. As I hope you understand now, fair wear and tear has nothing to do with it. If the car hasn't be properly serviced and that is a defect. And in any event, you are entitled to have a car which is of satisfactory quality and remains that way for a reasonable period of time. Clearly a car which is behaving in this way is not of satisfactory quality. I think we've already discussed that you are pretty well ready to go ahead and make a complaint/bring a claim – the question is to decide exactly who to bring the claim against for the best and quickest outcome. However, I'm all for being cautious and gathering together as much evidence as possible. You say that the book is been stamped in respect of the various services. Are you not able to find out more information about this service as well? It certainly seems to me that if you have a written confirmation addressed to yourself that these cars require a gearbox service at certain mileage – then that will be more than adequate for a judge – if you can prove that that service did not occur. In addition, the problems which appear now to be manifesting themselves in respect of the gearbox seem to be consistent with what you say about inevitable gearbox trouble if this 105000 mile service is missed.   How long ago did they promise you this deadlock letter – but particularly, the inspection report? I'm also going to say that looking at your chronology of what has happened, I have a sense that we are inferring that you were misled as to the service. Have I missed something?
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Erudio - what right do they have, and how do we get them to stop?


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Hope someone can help me, my partner is being harassed by Erudio, despite giving them everything they have asked for more than once (and being subjected to a harrowing interrogation on the phone from a completely idiotic know-nothing for about half an hour!)!

 

Are they allowed to demand (this time by post) a stamped SA302 form from HMRC to prove his self-assessed income? If HMRC electronically generates a completed form for you, why isn't that good enough? Are they allowed to change the T & C's from what he had in place with SLC since the late 90s re: deferment?

 

Is there a form letter he can send them to tell them to knock it off?

 

Thanks !

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Hi everyone - I hope someone can help.

 

 

My partner is being harassed by Erudio,

despite giving them everything they have asked for more than once

(and being subjected to a harrowing interrogation on the phone from a completely idiotic know-nothing for about half an hour!)!

 

Are they allowed to demand (this time by post) a stamped SA302 form from HMRC to prove his self-assessed income?

 

 

If HMRC electronically generates a completed form for you, why isn't that good enough?

 

 

Are they allowed to change the T & C's from what he had in place with SLC since the late 90s re: deferment?

 

He has never been in arrears and has deferred successfully through SLC for years.

 

Thanks

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I don't think they are permitted to change the terms and conditions

They are probably not permitted to demand the SA302

 

You should NOT speak to them on the phone - it gives them a sense of self importance and power that no one has given them !

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Thank you - he accidentally picked up the phone because he was expecting a call from someone else :|

 

I think there is a form letter he can send them telling them they are out of order and what they are asking for essentially

changes the T & Cs that SLC had in place

- anyone have the template to share?

 

 

They know they are in the wrong, just like we do, but that doesn't stop the stress.

 

We are trying to keep this creepy DCA from putting black marks on his credit rating.

Edited by bronwyn99
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oh dear you fell for their tricks did you?

 

 

you don't send them anything other than a copy of the std SLC deferment form

that has been use by you for years.

 

 

they are as CB pointed out

NOT entitled to any more info and can do away off

by sadly trying to spoof everyone they ARE entitled to your inside leg measurements

 

 

tell us a bit more about the process to date deferments

when the loans was etc etc.

 

 

pers id be ignoring them.

 

 

dx

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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