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    • doesn't matter you've admitted about the DN and anyway where have you done that and to whom?   by assignment arrows are the creditor regardless to your acking of that fact or not.      
    • Just ignore the letter.   Block/bounce their emails or let them come through so you know what they're up to, and keep us posted.............   😎
    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • For PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH       For either option, does it say which appeals body they operate under. Yes    …………………..     This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system.   The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see.   The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system . I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.      My statement and evidence to POPLA. in response to CE evidence highlighting main arguments.   Par 18 . The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured...….. Me Not from where I was parked. A photo from the bay shows a pole with the sign facing away.  Par 18 . Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.......  Me I treat this paragraph with contempt. There is nothing to "highlight" here as I maintain I did not see any signage; Regardless ? I could have legally parked right outside the Surgery as there were spaces at the time but having "regard" for disabled and elderly, parked further away having to cross a busy road to the Surgery. Par 20....,. Furthermore, the Appellant failed to utilise the operator’s helpline phone number,,, (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.... Me How could I have done this ? I only realized there were signs there when the PCN arrived. Summary. I stand by statements and maintain that I did not see any signage entering or leaving the car park. The main sign at the entrance is too small and easily missed when you have to turn right though busy traffic and once through carefully avoid pedestrians, some walking their dogs. The main sign is blank at the back. When you leave the car park I would have noticed the private parking rules if the writing was on both sides. Roadworks signs close to the parking sign at the time did not help either. [see photo] CE evidence is flawed, illegal and contemptuous. Photos submitted are from months ago, Today I have driven into the car park and noticed the same signs turned 90 degrees including the one opposite my bay. CE have done nothing to rectify this disregarding my evidence and the maintenance of the car park. Showing number plates is a total disregard to patients privacy and I object to these photos being allowed as evidence on the grounds that they may be illegal.    POPLAS assessment and decision....unsuccessful   Assessor summary of operator case   The operator states that the appellant’s vehicle was parked on site without a permit. It has issued a parking charge notice (PCN) for £100 as a result. Assessor summary of your case   The appellant states that he parked on site to attend a dental appointment. He states that the terms of the site had changed since the last time he parked two years ago. He states that signage at the entrance to and throughout the site did not make the terms clear. The appellant has provided various photographs taken on and around the site. Assessor supporting rational for decision   The appellant accepts that he was the driver of the vehicle on the date in question. I will therefore consider his liability for the charge as the driver.   The operator has provided photographs of the appellant’s vehicle taken by its automatic number plate recognition (ANPR) cameras. These photographs show the vehicle entering the site at 14:17 and leaving the site at 15:13. It is clear that the vehicle remained on site for a period of 56 minutes.   Both the appellant and operator have provided photographs of the signs installed on the site. The operator has also provided a site map showing where on site each sign is located.   Having reviewed all of the evidence, I am satisfied that signage at the entrance to the site clearly states: “Permit Holders Only … See car park signs for terms and conditions”.   Signs within the site itself clearly state: “DENTAL PRACTICE PERMIT HOLDERS ONLY … ALL PATIENTS AND VISITORS MUST REGISTER FOR A PERMIT AT THE PRACTICE RECEPTION ... IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100.”   The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice.   The operator has provided evidence to show that a search for the appellant’s vehicle has been carried out against the list of vehicles for which a valid permit was held on the date in question. The appellant’s vehicle does not appear on this list.   The appellant states that he parked on site to attend a dental appointment . I accept that this may have been the case, however I do not accept that this entitled the appellant to park on site outside of the terms.   The appellant states that the terms of the site had changed since the last time he parked two years ago. The operator’s photographs of the signage on site are dated 27 March 2019.   It is clear based on these photographs that the terms had been in place for at least three months by the time the appellant parked, which I am satisfied was a reasonable period for any regular user of the site to adapt to any change to the terms.   The appellant states that signage at the entrance to and throughout the site did not make the terms clear. He has provided various photographs taken on and around the site.   As detailed above, I am satisfied based on the evidence as a whole that signage made the terms sufficiently clear. I am satisfied from the evidence that the terms of the site were made clear and that the appellant breached the terms by parking without registering for a permit.   I am therefore satisfied that the PCN was issued correctly and I must refuse this appeal.   docs1.pdf
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hoyauk

Warranty Direct told me it was transferable on car sale - now they say its not!!

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Hello,

 

I am looking to refer a complaint to the financial ombudsman as I believe the company I am complaining about have overlooked a couple of key points.

 

Firstly, I would like to review all of the information myself. Therefore, I need to submit a subject access request.

 

Is the company required, under the law, to provide me with recordings of my telephone calls plus their own notes on my file?

 

Many thanks

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Hello

 

I purchased an extended warranty from Warranty Direct in 2012. They collect premiums in four monthly payments. After my first year, the premiums were a little large for me to manage so I rang them to cancel my policy in June 2013. This was a brief telephone call during which the advisor offered me a monthly payment schedule as they can offer this to loyal customers. I accepted this offer.

 

One feature which attracted me to the policy was that when you sell the car, the warranty can be transferred to a new owner. This obviously makes the car a more attractive buy with regards to a private sale.

 

I continued with the policy with no problems. During November 2014 I decided to sell the car. I rang Warranty Direct to find out how you go about transferring the warranty so I would be prepared once a sale was agreed. They told me as the policy was not able to be transferred. I expressed disappointment that this was not explained to me when I changed the payment schedule. I was under the impression that they offered me a monthly payment plan to retain my custom and that was all. They told me the policy could not be transferred as I was on a continuous monthly policy, that could be cancelled by giving a notice period of one month, but was never ending until the car reached 130k miles. I offered to pay the remainder of the annual policy which they rejected due to the car being too high risk. I also queried the fact that I had renewed in May 2014 and had negotiated more favourable terms which there would be no need for them to offer if I was on a continuous policy. They have not responded to this point in their written response.

 

They accept they did not explain this change to me when I was offered a monthly payment schedule. As mentioned above, ther conversation was very brief. From memory, which I feel is fairly accurate, the conversation went along the lines of..

 

Me: I would like to cancel my policy as the payments are unmanagable

Advisor: We can offer you a monthly payment schedule

Me: Ohh okay, that sounds good

Advisor: We are able to offer this to loyal customers.. I will get your direct debit amended

Me: Great thanks, have a nice day

 

A retentions advisor has explained that this is not a benefit of the policy so they do not accept this as a valid complaint. There is no reference to this point in the written response from the customer service manager.

 

They claim in their written response to have sent me a new policy document detailing the changes in June 2013 but I have no record of this (I accept there is a chance I may have misplaced this but I have several other documents from them, dated from the start of my policy and throughout, and am pretty meticulous with filing my paperwork). The only additional policy document/booklet I have is from my renewal in May 2014. There is no explicit mention of the change, just it is not contained in the policy booklet - which looks nearly identical to the first policy booklet I received when purchasing the initial policy. As the retentions advisor who offered me the new payment schedule in June 2013 did not say there would be any changes to the T&Cs, I never read through the new policy booklet/document with a fine tooth comb.

 

Therefore, my complaint is I have been treated unfairly and had a considerable benefit of the Warranty Direct product deprived from me. If this had been explained to me, I think it is unlikely I would have renewed in May 2014 as I was aware I would be looking to change the car during the next year.

 

In their written response, they have advised I would need to contact either Motorcodes or the Financial Ombudsman. I intend to contact the Ombudsman but before I do, would like to review all my phone calls just to ensure the accuracy of my comments.

 

Do you have any advice on the complaint in general or on how/the best way to submit a subject of access request?

Edited by hoyauk

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threads merged and tidied for you..

 

 

the SAR simply needs a specific line stipulating your wish recording or transcripts.

 

 

though they might not now hold them ..I bet.

 

 

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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threads merged and tidied for you..

 

 

the SAR simply needs a specific line stipulating your wish recording or transcripts.

 

 

though they might not now hold them ..I bet.

 

 

dx

 

Their response dated 16th Jan 2015 refers to them.

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brilliant then go for it

 

 

I think you have an excellent case.

poss even to demand your payments back.

 

 

with interest at 8%!"

 

 

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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Not necessarily, however a transcript will suffice as compliance.

We need more info though, Tell us more plz...

 

Hi there, thanks for the response and info. A couple of posts have been deleted to make the thread more relevant and easier to read, so apologies for any confusion you may have right now. I have now posted the full story.

 

brilliant then go for it

 

 

I think you have an excellent case.

poss even to demand your payments back.

 

 

with interest at 8%!"

 

 

dx

 

Thank you for your opinion.. will get the subject request sent off ASAP.

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Please read up on ICOBS which gives you the right to take dir3ect action in the County Court if you have been treated unfairly - and it sounds as if you have


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