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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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    • 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.

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      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
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Hi - I wonder if anyone can help me. I took Virgin Media broadband package in December over the phone. I decided to go with them again for my new property considering a good service they provided for last few years at my mums house. I've rang Virgin and was connected to a lovely saleslady who walk me trough all the packages etc etc - she also took the order and all my details to set the account up.

 

I have obviously provided my 'bills' account details and was all happy to get the 'best' UK broadband. Sadly - probably my bad, I wasn't particularly bothered to check my acc if the direct debit was set properly... I've had reasons to check such details. As this acc was used purely for my and my partners household bill we had an estimated amount of money set to sent there each month and whatever was left was used on monthly basis ( as the bill vary each month there was usually left anything between 50 and 100 pounds.

 

Anyway , during all those month all bill from virgin were showing as paid with thanks... To our surprise all our services were cut off this afternoon! obviously we rang virgin after few hours to check what was the reason - shockingly the lady on the phone said that we have cancelled the DD and asked our bank to request all money paid back! and this supposed to be paid back ( £379 ) to our acc on 2nd of July!

 

Obviously this was impossible as we had no payments of such amount nor we requested this. After few minuted of explaining the customer service asked us for the bank account numbers - which not matched the one they've had on their system and they've been taking payments from for last 8 months! shocking! We've been told that they must have made mistake and assigned someones else bank details to our account! and once the poor sod who was paying our bill realized the direct debit was cancelled and they had to return all monies owed - admitting to their mistake they are now demanding full payment of over £379 ( which we don't have ) before the services can be recommenced! Is there anything we can do?!

 

This is absolutely surreal... Any help would be greatly welcomed

 

Thanks,

Klaus

Edited by Andyorch
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All i think you could ask Virgin for is a gesture of goodwill from them. For you to pay a sum you can afford now and the rest over a few months. They might even think of offering a reduction given their mistake.

 

You have enjoyed the service and not noticed the debit going through on your account. So shoukd try to come to an arrangement.

We could do with some help from you.

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The only thing is - I've said that we don't have such sum right now as its like ball out of sky.. the woman said we could paid partially now and other part next month however the services would still remain disconnect until the full £379 is paid....

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Time to escalate...dont deal with the desk jockeys...its their error not yours...so you should suffer no loss.

 

Regards

 

Andy

We could do with some help from you.

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Time to escalate...dont deal with the desk jockeys...its their error not yours...so you should suffer no loss.

 

Regards

 

Andy

 

I agree.

Despite your good service, there are many, myself included who had continuous billing issues with VM all VM's fault.

 

There are checks in place that VM (or anyone) should make when DD's are set up, including names on accounts.

They clearly didn't.

 

DO NOT deal with their CS reps anymore, they pretty much always just point the finger at you, and in my experience say anything (Lie in my opinion).

 

Put your complaint in writing as suggested.

Ask for the details and phone call of the original set up to be checked and in the meantime that they should re-enable your services with a correct DD for the agreed monthly amount while the fault cause is investigated.

 

Make the point that the error should not have been made even if you did accidentally give and incorrect number, which you don't believe you did, also that a simple casll from VM could have addressed this far more equitably.

 

There is the point that you should have noticed, but you set up DD's for payments so bills do get paid.

 

My personal experience with VM over a long period of time and on multiple (many) occasions is that their billing systems AND process implementation is shocking inept.

 

addendum

I can imagine the horrible issues and repeated calls and fob offs the person who was being charged had to go through before eventually issuing the charge back due to VM simply not addressing the issues...

... Almost certainly the cause of the delay in getting to you.

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Can you throw a bit more light on the 'Paid with thanks' you say appear on your bank statement ?

Either it was paid or it wasn't and if not, then surely if you have been budgeting for it, the money should be in the account?

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Can you throw a bit more light on the 'Paid with thanks' you say appear on your bank statement ?

Either it was paid or it wasn't and if not, then surely if you have been budgeting for it, the money should be in the account?

 

I believe he is referring to the VM bills, not the OP's bank statements Conniff regarding the paid with thanks.

 

I don't check every item in my bank statements, I just scan through for amounts PAID that look odd

"There is the point that you should have noticed, but you set up DD's for payments so bills do get paid."

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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I believe he is referring to the VM bills, not the OP's bank statements Conniff regarding the paid with thanks.

 

I don't check every item in my bank statements, I just scan through for amounts PAID that look odd

"There is the point that you should have noticed, but you set up DD's for payments so bills do get paid."

 

I don't check every item either. Thanks for that, I misread.

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Any update on this please Klaus1508

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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