Jump to content
  • Tweets

  • Posts

    • Evening Caggers, I've attached what Lowells had sent the OH relating to my CCA request.  If you ask if the credit agreement could be better its even worse in real life (its pretty much unreadable to the naked eye).  They've asked me on the last letter the OH got off them that they would not be sending another copy of the CCA as they've already sent one.  I get that they've sent her a CCA, but to be unreadable this cannot be correct.  Anyway the stars aligned today as the postwoman delivered the contents of the SAR I'd sent to Lowells.  What they sent was generic letters but without the OH's details showing which I thought was quite strange, copies of what I've attached on the PDF and a couple of legacy information from the previous DCA that had it.  What was not included was a breakdown of any additional charges and interest placed on the account nor a Default Notice which I specifically asked for.  Anyway any thoughts on what I've posted would be much appreciated.  Thanks PM  20201031-Lowells OH Vanquis Card Redacted.pdf
    • You need to tell us the story.  I'm afraid that the claim form gives almost no useful information.   You've been here since January and it's a shame you didn't come to us before starting this
    • You made  number of errors:   You didn't take pictures You used Hermes You relied on faith (Bless!)   Yes, you will have to issue legal proceedings. Post up your proposed letter of claim here before you send it off.  Don't expect it to have any effect.  You will have to issue the papers.   Normally Hermes would then force you at least to go to mediation and would then settle for what they think they can get away with in order to avoid court action.   Hermes don't want judgments against them where those judgments would expose their unfair treatment of customers - such as insisting on insurance to cover their own negligence, or relying on a prohibited items list to evade liability for loss.   However, in your case, the issue is not one of insurance or prohibited items.  The question is merely whether the items were adequately packed and so on this issue they could afford the risk of going to court and losing because nothing would undermine their way of doing business. I am telling you this because it means that Hermes might be slightly more determined than usual to to face a judge even though the dispute is over a small sum.   Read around some of the Hermes threads to see how it normally goes - but as I suggested, most of them will not be relevant to you.   I don't see any purpose in sending an SAR in this case but please do tell us if you disagree.   Once you send the letter of claim, you must carry out your threat to begin the claim on day 15. Register on the Moneyclaim website and start getting the claim ready.  Let us see the draft POC before you click it off          
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Please note that this topic has not had any new posts for the last 1795 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

post 1 still has pcn number showing line 3 of letter

 

 

unapproved.

 

 

not sure what age of posts you were reading

but the ignore advise is a good few years now

on here

 

 

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 you have already sent off a letter that identifies you as the driver by your relationship to your mother (use of grammar may just save you on this)

you have now made the job of refuting the claim very difficult indeed.

 

Sending a follw up letter will make you look like you are being untruthful and evasive so you will have to live with what you have.

 

Best say nothing further until you get something from them to indicate what they are going to do and then go with the lack of compliance with the keeper liability for the PoFA.

 

Problem there is they know or believe that you were the driver at the time so you need something else.

 

Contact the local council and see if UKPCS have been granted planning permission for the signs under the advertising display regs of the Town and Country Planning Act.

 

If they havent been granted PP then the signs are there ILLEGALLY

and you cannot enter a contract with someone whislt commiting a crime.

Link to post
Share on other sites

I've contacted Halton Borough Council and this is their reply:

 

 

"

To whom it may concern,

 

Re: Land located between the Halifax Bank and Widnes Market Hall, Widnes Town Centre, Widnes

 

Following interrogation of the planning history system, there are no advertising consents recorded for the above land.

 

Regards

 

Tim Gibbs BSc MSc DipSurv MRTPI MRICS

Divisional Manager - Policy and Development Services

Policy, Planning and Transportation Department

Policy and Resources Directorate

Halton Borough Council, Floor 2, Municipal Building, Kingsway, Widnes. WA8 7QF."

Link to post
Share on other sites

Brilliant news game over!

 

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 was considering emailing Miah Solicitors to let them know that I know that the signage is illegal

"

Dear Sir / Madam,

Halton Borough Council have confirmed that UKCPS have not been granted planning permission for the signs for the car park

under the advertising display regulations of the Town and Country Planning Act 1990.

The signage is therefore illegal and therefore the driver has not entered into a contract with UKCPS.

This concludes that there is no monies owing to UKCPS by the registered keeper of the vehicle.

Yours sincerely,"

Should I proceed or not?

Edited by Distorted Vision
Link to post
Share on other sites

no, they are acting as debt collectors and thus not covered by SRA.

Would I send that email? Yes, as long as you have a method of sending a copy to yourself. It is all about creating a paper trail so if the muppets do decide to sue you can show that you did act in a reasonable manner and tried to prevent the courts time being wasted by this ridiculous claim.

Link to post
Share on other sites

I was going to send Miah's this email:

 

 

"

Dear Sir / Madam,

 

Notwithstanding that I deny any debt to UKCPS, I note that your letter dated 20th November 2015 demands £150 for legal costs.

 

Your client has either failed woefully in its duty to mitigate costs or the sum has not been incurred and the demand is fraudulent.

In neither case am I liable for the payment.

 

If you insist that the charge is justified, please provide a copy of your invoice to UKCPS.

If this is not possible, please confirm :

 

1. The Invoice number and details of the VAT component.

2. The date that your client paid the invoice.

3. Details of the time spent and activities performed for which you charged the client £150.

 

If none of the requested information is provided, I require a full explanation for the charge.

 

I will not enter into any further discussion of the UKCPS parking charge until I am satisfied by your reply.

 

Do not contact me again by any form of communication other than to provide the answers to my questions. Failure to supply me with this information will result in a complaint to the Solicitors Regulation Authority.

 

 

Yours faithfully.

"

Link to post
Share on other sites

What part of no dont you understand.

 

 

As for the rest,

a complete waste of ink,

keep it short and to the point.

 

 

Anything else just invites further harassment by them as they think you dont know what you are talking about

and as their claim about the extra money is utter cobblers

you are inviting them to send you a corrected bill that you cant argue about.

it is a very slippery slope.

 

Just send the short letter stating no contract as they are engaging in criminal activity and leave it at that.

Dont enter into any further correspondence ansd certainly dont invite it.

Link to post
Share on other sites

I have created a new user account so not to assist Miah Solicitors with their claim against. I've contacted the owners of the land.

 

 

The signs have not been displayed illegally and do not require planning permission as they are allowed under permitted development rights. See copy attached.

This aside UKCPS are only involved because the area is not a car park, it is a service yard and we are required to restrict usage to prevent members of the public from mixing with delivery vehicles.

Kind Regards

Rob Morton MRICS

Associate

Commercial Property Management

Link to post
Share on other sites

Read the signage.

 

Parking is for permit holders only.

 

Anybody else parking there is a trespasser, so no contract can be formed with the driver.

 

You can't agree to a contract for something you are not allowed to do...

Link to post
Share on other sites

Ive already told you they arent so why are you asking about a response to a letter you should never have sent.

You are just looking for trouble and have now found it.

 

 

UKPCS will think you a bumbling fool and will probably take advantage of that.

Why did you write to the owners of the land and ask them about it when you already have the answer form the people who make those decisions.

 

You are a prime example of the people who come here because they dont know somehting so they ask,

get a response but as they dont believe the answer is true go away and just ignore what they should have taken on board.

 

This may seem harsh but consider this, you havent asked the landowner anything, you have asked the managing agents,

who have a vested interest in this deception so why do you believe them and not us?

 

Your choice really,

pay up becasue someone tells you that the moon is made of cheese

or do a bit of research and read the 2006 regs about deemed consent and what signs it applies to.

 

 

If the sign saya "bus stop" then it doesnt need permission but this one will do,

even though it is done on the nod as the council has to have good grounds for refusing.

 

The house number on your front door is covered by the legislation but that is deemed consent.

However, if the government changes its minds on what can and cant be done it doent need primry legislation,

just an order nodded through parliament at 0845am on a tuseday and it is so.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...