Jump to content


  • Tweets

  • Posts

    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. 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 simply contracted by the landowner 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. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 979 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I am waiting for action against me with trepidation,

 

I have complex mental health problems including memory loss which means I cannot recall all transactions related to matters over a year ago.

 

Thus, the prospect of remembering the details of DISPUTE which were raised over three years ago.

 

I sent many letters DISPUTING with original lender credit card, but don't have copies.

 

They eventually sold to Arrow Global.

 

They, in turn, have used a succession of collection companies , who I have ignored / returned letters unanswered.

 

I now wonder if original lender/credit card will be able to provide ( or even kept) my letters of DISPUTE ?

 

There are times when my cognitive process is greatly impaired, so I am unable to talk, write, take information in.

At other times, like right now, I can compose a short email. Any guidance gratefully received .

 

I think I destroyed my records last year in during a psychotic episode.

 

I take anti psychotics, anxiolytics, mood stabilisers and anti depressants , all of which impair my cognitive function.

 

Original agreement 1995

Last Payment 2011 (? needs verifying )

Default Notice possibly issued 2011 (? needs verifying )

Edited by HateBanks
Link to post
Share on other sites

  • Replies 150
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

so are arrows writing now?

 

is this on your credit file?

 

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... 

Link to post
Share on other sites

time to visit noddle then

 

 

see below.

 

 

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... 

Link to post
Share on other sites

Arrow farm out most of their collection work, so your mail will generally come from their DCAs and solicitors.

 

Ignoring mail doesn't much alter eventual outcome in most cases. What matters more is your status. Do you own property or have disposable income?

 

You can get copy of all your dealings with MBNA via a SAR but it is not likely to include mail between you and their DCAs. Technically it should do but you'd have a struggle to convince them.

 

Do you have a named lead mental health professional who could if necessary vouch in writing for your condition including, critically, the capacity and other issues you've mentioned?

 

A 1995 CCA may well be unobtainable or unenforceable, so I shouldn't worry too much if I were you

Link to post
Share on other sites

Thank you.

No property. Possible Pension Fund . Age 55.

Concerned could be forced to access,

WITHOUT fair treatment ref original DISPUTE of account.

 

Consider myself no fixed abode as could be ejected from current address without notice.

 

Afraid to do SAR as confirms current address.

 

Same CRA - afraid enquiry confirms current address.

 

Receive benefits - also OWE benefits so have deductions made until 2018.

 

Would have to represent myself in court

 

Under Consultant Psychiatrist supervision .

 

Could confirm medication and mental health condition

- don't really want to disclose to unregulated Companies...

 

Essentially , right now, have fugitive mentality. Am in hiding, ( not well hidden enough ) paranoia may be symptomatic of general condition, but doen't mean I'm wrong..

 

Worried that registering with noddle enables people to track me down .

.. I think I have an unpaid overdraft with a bank that hasn't tried to contact me for three years.

 

Register with noddle and they will update current ( however precarious ) address , and accelerate that process too.

 

I am happy to pay what I owe when I can but don't have the ability to fight case against charges penalties unfair interest rates

and failure to follow my instruction and refusal to reply to requests.

 

Because I only have occasional periods when I can write like this,

 

I FEAR triggering processes with Time Limits,

 

I've lost out because of this in the past.

Link to post
Share on other sites

have you any recollection upon the last time YOU used the card

 

there is very little chance of you ever having to appear in court

even if they issued a claim.

 

for roughly how many years have you been getting these letters chasing the money?

 

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... 

Link to post
Share on other sites

I'm not sure what connif has in mind here, I'll leave him to clarify , but

 

 

noddle will enrol you only at an address verifiable from both electoral register and a bank card.

If you have a card, your address is already shown on CRAs *and therefore known to Arrow and its agents*, so your bunker posture will not protect you.

 

Moreover you will do yourself no favours as hiding is the perfect way for Arrow to start legal action against you

by sending a claimform to your last known address and thereby obtaining a default judgment.

 

In addition to the above , bear in mind that SAR is to MBNA not Arrow.

MBNA are not involved in the present proceedings so this is nothing to do with letting Arrow know where you are . . .

which, as I've just said, they already most probably do anyway.

 

I'd suggest further that if you're afraid to take this bull by the horns you check whether there is a free advocacy service in your area.

They represent ppl with limited capacity to deal with situations such as the one you find yourself in now.

Link to post
Share on other sites

Thank you very much. So even if it's a Basic Bank Account no overdraft allowed current account the address is automatically available to Credit Ref Agencies ? So even if I were to become homeless / no fixed abode / it would be the last address ?

 

MBNA did not ( as I recall ) give any consideration to my reasons for DISPUTE at the time, (( I can not remember detail, were not necessarily logical / rational due to mental state (eg when in bi polar mania phase ) , some would have been - eg needing precise simple chronological detail of transactions charges interest and penalties ))

 

I wonder therefore if they would have kept the data ?

Thank you very much indeed for your help.

 

Conniff , thank you very much, and I'm sorry to be so stupid, but what do you mean , ?

 

 

Many thanks

Link to post
Share on other sites

try noddle have you a debit card at a known registered address [same as voters?

 

 

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... 

Link to post
Share on other sites

I don't mean to be rude but attempting to hide is more likely to lead to a default judgment than following the advice we're trying to offer but which you're reluctant to accept.

 

We won't know what data MBNA hold until you've received it.

 

As for CRAs, a basic bank account is unlikely to be reported. However, these days even some utilities companies report. If you want to kid yourself that Arrow don't know where you are, how come Ross are still writing to your present address?

 

Last known address is valid for service of court documents. Even if you're sitting under a bush in the Kalahari Desert.

 

I strongly recommend that you contact your advocacy service. They will deal with any correspondence in accordance with your instructions. And deal with you in a non-judgmental fashion.

Link to post
Share on other sites

dx100uk = Thank you.

 

Are you suggesting I register with noddle using my current address which is used by the bank for the debit card account I have

 

OR register with noddle using a nominated post office address ?

 

I'm not sure what the benefit of registering with noddle is

since I just want to avoid financial institutions

and accept that any credit rating will always be bad until my death.

 

Can registering help me defend any court action by MBNA / Arrow/rossen/Moorcroft/miscellaneous debt collectors

too many to remember ?

Link to post
Share on other sites

you cant register on a cra to a post office

 

if you've a card registered an 'an' address

 

use that card & that address to try and get a noddle report.

 

the information it has will be EXREMELY useful to all your debt issues.

 

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... 

Link to post
Share on other sites

Oleg, I don't think you're being rude at all, thank you for your kind consideration and advice.

 

If court documents are served at an address but I don't get them, how can I defend a claim I don't know about ?

 

I'm not sure I can deal with an advocacy service even if I could find one, but I greatly appreciate your advice, thank you.

Link to post
Share on other sites

I don't mean to be rude but attempting to hide is more likely to lead to a default judgment than following the advice we're trying to offer but which you're reluctant to accept.

 

We won't know what data MBNA hold until you've received it.

 

As for CRAs, a basic bank account is unlikely to be reported. However, these days even some utilities companies report. If you want to kid yourself that Arrow don't know where you are, how come Ross are still writing to your present address?

 

Last known address is valid for service of court documents. Even if you're sitting under a bush in the Kalahari Desert.

 

I strongly recommend that you contact your advocacy service. They will deal with any correspondence in accordance with your instructions. And deal with you in a non-judgmental fashion.

 

Good advice above.

You need to work with an advocate that understands your condition.

You should be treated as a vulnerable debtor!

 

Oleg, I don't think you're being rude at all, thank you for your kind consideration and advice.

 

If court documents are served at an address but I don't get them, how can I defend a claim I don't know about ?

 

I'm not sure I can deal with an advocacy service even if I could find one, but I greatly appreciate your advice, thank you.

 

If they send court papers to an old address, you will not k now, they will "win" their court case via a default judgement. As you will not have updated your address with them you will find it very hard pressed to get the judgement set aside without expensive lawyers working for you.

 

You need to find an advocate that can help you.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

dx100uk - thank you ,

 

but the debit card is registered at my current address,

 

but I haven't been in touch with a CRA for years ,

and so didn't want to confirm to them , that address,

 

since I assume they will REPORT the FACT that I have confirmed the address at the date I register,

and therefore may prompt both MBNA / Arrow and the other Bank who haven't been in touch about the overdraft for years,

 

not even to my old addresses other than to send a new card to that old address,

but not mentioning the outstanding overdraft.

 

I understand the logic is that I can't hide, but the fact is I can't pay ,

 

OR get fair treatment because I'm ( mostly, most of the time ) unable to effectively argue my case.

Best Regards.

Link to post
Share on other sites

because I'm ( mostly, most of the time ) unable to effectively argue my case.

Best Regards.

 

Which is why you need to find an advocate you can work with as your conditions mean you must be treated in a specific way to support you.

 

If you do seek and use that source of help, your creditors will take you to court based on your old address and get ccjs against you which means the life of the debt increases for another 6 years and then IF they find you they can apply to the court for enforcement.

 

In order to avoid that you need an advocates support to advise them of your mental health issues so they do not progress with court action. Depeneding on circumstances a good advocate might even be able to get debt written off.

 

I know this is not what you want to hear but I am trying to help you.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

you are guessing/concluding wrongly.

 

your address will already be known.

 

it would be better for you to get your credit file

 

then check ALL of your old addresses are showing.

 

then look at what debts are there

 

you NEED to update your creditors that show.

 

IMHO you are in a lot better position to what you think you are.

 

once we know the fleecers that claim to own your debts.

 

we produce a letter to send to every one of them.

and then the matters might well end

 

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...