Jump to content


  • Tweets

  • Posts

    • I can only speak from personal experience. But a similar thing happened to me. Seriously dented door.  I made the other insurance pay. They regarded it as a write off. Took the money, replaced the door. Never heard anything more about it.    Except clearly someone sold my details to claims company, because I got loads of calls in bad English for a few month's 
    • The incident was 03rd March 2024 - and that was the only letter that I have received from MET 15th April 2024 The charge I paid was at the Stansted Airport exit gate (No real relevance now - I thought this charge was for that!!).   Here is the content of email to them (Yes I know I said I was the driver !!!!) as said above -  I thought this charge was for that!! "Stansted Airport" Dear “To whom it may concern” My name is ??  PCN:  ?? Veh Reg: Date of Incident: 03rd March 2024 I have just received a parking charge final reminder letter, dated 10th April 2024 - for an overstay.  This is the first to my knowledge of any overstay. I am aware that I am out of the 28 days, I don’t mean to be rude, this feels like it is a scam My movements on this day in question are, I pulled into what looked like a service station on my way to pick my daughter and family up from Stansted airport. The reason for me pulling into this area was to use a toilet, so I found Starbucks, and when into there, after the above, I then purchased a coffee. After which I then continued with my journey to pick my daughter up. (however after I sent this email I remember that Starbucks was closed so I then I walked over to Macdonalds) There was no signs about parking or any tickets machines to explains about the parking rules. Once at Stansted, I entered and then paid on exit.  So Im not show where I overstayed my welcome.. With gratitude    
    • Just to enlarge on Dave's great rundown of your case under Penalty. In the oft quoted case often seen on PCNs,  viz PE v Beavis while to Judges said there was a case for claiming that £100 was a penalty, this was overruled in this case because PE had a legitimate interest in keeping the car park free for other motorists which outweighed the penalty. Here there is no legitimate interest since the premises were closed. Therefore the charge is a penalty and the case should be thrown out for that reason alone.   The Appeals dept need informing about what and what isn't a valid PCN. Dummies. You should also mention that you were unable to pay by Iphone as there was no internet connection and there was a long  queue to pay on a very busy day . There was no facility for us to pay from the time of our arrival only the time from when we paid at the machine so we felt that was a bit of a scam since we were not parked until we paid. On top of that we had two children to load and unload in the car which should be taken into account since Consideration periods and Grace periods are minimum time. If you weren't the driver and PoFA isn't compliant you are off scot free since only the driver is liable and they are saying it was you. 
    • Thank you dx. I consider myself well and truly told :) x Thank you dx. I consider myself well and truly told :) x
  • 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

Hoist Portfolio/Howard Cohen Claim Form - Santander overdraft from 2009


J2005
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3048 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

Can I just as what the argument behind that would be?

 

Well it wasn't a DD and you didn't pay it.....what other argument do you need?

 

CPR 31.14

 

Particulars

 

The claim is for the sum of 1,776.92 in respect of monies owing to an overdraft facility under account number XXXXXX XXXXXXXX

The debt was legally assigned by Santander UK PLC to the claimant and notice has been served.

The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.

 

Agreement facility & T&Cs

Notice of Assignment

Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Replies 195
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Sorry one quick question - I assume I delete point 3 in the letter, the notice of sums in arrears? As i know what this is and it isn't running account?

Link to post
Share on other sites

Overdrafts are a form of running revolving credit agreement...so statements every 6/12 months should be provided...but in the main they are only applicable to Fixed Loan and credit cards.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Cheers - Will leave it in as I don't recall receiving them either, not regularly.

 

I am on my way to the Post Office to send these now recorded delivery, one to Hoist and the other to Howard Cohen.

 

Thanks for your assistance so far, I appreciate it.

Link to post
Share on other sites

send what?

 

 

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

if you want the SB defence to file later just ask

 

 

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

Sorry, just to ask I have done the acknowledgement on line, that I wish to defend. I don't need to send anything to the claimant do I? I assume they will get an automatic notification?

Link to post
Share on other sites

Correct...and they can see on MCOL also.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 2 weeks later...
Cheers - Will leave it in as I don't recall receiving them either, not regularly.

 

I am on my way to the Post Office to send these now recorded delivery, one to Hoist and the other to Howard Cohen.

 

Thanks for your assistance so far, I appreciate it.

 

 

I posted the CCA letter last week as I commented. I have proof of delivery to the solicitors on 18th June and to the claimant a few days later. I haven't received any acknowledgment yet let alone the information I requested. Should I chase them?

Link to post
Share on other sites

you mean cpr not cca I hope?

 

 

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 point you to post 24

 

 

pers I'd file the sb defence on MCOL now.

 

 

E&W

....

 

The following defence is all you need if it is SB

 

 

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

.

.

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

So go with the SB defence even if they are claiming payments were made (as Santander said?)

 

 

Do I make any reference to the fact they have still not yet replied to my CPR request,

or would that come down the line, if this were to be successful or not?

Link to post
Share on other sites

CPR is a 'request'

they are not under any legal obl to reply to it.

 

 

post 24 refers

file that defence and only that what it says

 

 

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

Just putting my defence together then, having done a bit more reading on the Legal Successes board and other claims ongoing.

 

My defence based on SB is below. I just have a few questions - sorry of they are often asked or not necessary, just obviously this moving closer to the point of no return, I worry and get concerned....

 

...I don't believe I have made a payment but as I have said in here, they think I have. It's just about them proving it now. If they do provide some proof, is it automatic judgement, or may mediation, a court case still come in to effect?

 

.... I haven't had any reply to the CPR letter - is there anywhere I should mention this in my defence or use that in any potential next stage? I ask as the account was set up well before I ever got an overdraft so I don't know what documents, signed or otherwise may or may not exist? I've been advised to not contact the solicitors and ask for them but I read elsewhere I should ask them?

 

.... I didn't get the ten days they suggested I would have before legal action was taken as I didn't receive the letter when they claim to have sent it according to the date on the letter. Should I mention this or again is that one for the next stage if they were to prove it isn't statute barred?

 

....Is my defence ok or do I need to add anything else, keep it factual or add a narrative? I assume the amount in point three is just the total amount they have put on the claim form?

 

Sorry again, just lots of questions and queries in my head.

 

 

 

SB Defence.

 

1. The Claimant's claim was issued on 3rd June 2015

 

2. The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3. The Claimant's claim to be entitled to payment of £1,967.76 or any other sum, or relief of any kind is denied.

Link to post
Share on other sites

Just putting my defence together then, having done a bit more reading on the Legal Successes board and other claims ongoing.

 

My defence based on SB is below.

 

 

I just have a few questions - sorry of they are often asked or not necessary, just obviously this moving closer to the point of no return, I worry and get concerned....

 

...I don't believe I have made a payment but as I have said in here, they think I have.

It's just about them proving it now.

If they do provide some proof, is it automatic judgement, or may mediation, a court case still come in to effect? - no you question who/where/what when.

 

.... I haven't had any reply to the CPR letter

- is there anywhere I should mention this in my defence or use that in any potential next stage?

I ask as the account was set up well before I ever got an overdraft so I don't know what documents, signed or otherwise may or may not exist?

I've been advised to not contact the solicitors and ask for them but I read elsewhere I should ask them? - no you don't mention or do anything

 

.... I didn't get the ten days they suggested I would have before legal action was taken as I didn't receive the letter when they claim to have sent it according to the date on the letter.

Should I mention this or again is that one for the next stage if they were to prove it isn't statute barred? - no as above.

....Is my defence ok or do I need to add anything else, keep it factual or add a narrative?

I assume the amount in point three is just the total amount they have put on the claim form?

 

Sorry again, just lots of questions and queries in my head.

 

SB Defence.

 

1. The Claimant's claim was issued on 3rd June 2015

 

2. The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3. The Claimant's claim to be entitled to payment of £1,967.76 or any other sum, or relief of any kind is denied.

 

 

its perfect go file it if you are 1000% sure it is SB'd.

 

 

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

its perfect go file it if you are 1000% sure it is SB'd.

 

 

dx

 

And if I was to not be? I don't think I can say I am 1000% - theres always that doubt to think what if I did make them payments and I cannot recall?

Link to post
Share on other sites

as good as you can be file it

 

 

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

as good as you can be file it

 

 

dx

 

Thanks - sorry for asking loads of questions. I hate all this, hence wanting to avoid the CCJ, I don't want another 6 years to start!

 

I am going to file now - I need to apply the logic of there is little I can do now and just see what happens next once submitted.

Link to post
Share on other sites

thanks for your PM

 

 

if andy recommends SB as post 24 I'd file it.

 

 

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...