Jump to content


  • Tweets

  • Posts

    • My almost ready witness statement ...    In the county court at Middlesbrough Claim No:  Between Vehicle Control Services Limited (Claimant) V   (Defendant) Witness Statement Introduction It is admitted that the Defendant is the registered keeper of XXnn XXX   Locus standi/bye-laws and Relevant land Schedule 4 of the Protection of Freedom Act 2012 (PoFA) allows recovery of unpaid parking charges from the keeper of the vehicle. However, the first paragraph 1 (1) (a) states that it only applies “in respect of parking of the vehicle on relevant land:”. The definition of “relevant land” is given in paragraph 3 (1) where subsection (c) excludes “any land ... on which the parking of a vehicle is subject to statutory control”.  The bus stop is not on relevant land because the public road on which that stand is on is covered by the Road Traffic Act.  Notwithstanding that the claimant claims that " the claimant has given the Defendant its contractual licence to enter the site", the claimant has not given any contractual licence whatsoever. This is a road leading to/from the airport which is covered by the Road Traffic Act.  A list of highways on the Highways act 1980 does not even exist. The defendant brings the attention of the court that VCS is using this non existent document issue as a deliberate strategy to debunk the fact that this road is not relevant land. VCS are put to strict proof that it is relevant land not covered by the Road Traffic Act nor by Byelaws. While it is true that landowners can bring in their own terms, it is also true that whatever terms they bring  cannot overrule Byelaws and the Road Traffic Act. If Bye Laws are involved then the bus stop is not relevant land and neither is the specious argument about First Great Western Ltd. Is the claimant ignorant of the Protection of Freedoms Act 2012? The road outside of Doncaster Sheffield Airport is not relevant land and is not covered by the Protection of Freedoms Act. That makes the charge against the claimant tantamount to fraud or extortion. The claimant mentions a couple occasions where they have won such cases. It is brought to the attention of the court that none of those cited cases were on airport land. VCS actually has also lost a lot more cases than they have won using their prohibitive signs.  Airport land is covered by Bye Laws and hence the claim by VCS is not applicable in this instance. The remit of VCS ends in the car park and does not extend to the bus stops on public roads or land which they have no jurisdiction over. All classes of people go to the airport. This includes travellers, taxis, fuel bowsers, airport staff, companies delivering food and drink for each aircraft, air traffic controllers and buses with passengers. It is therefore absolutely ridiculous to attribute VCS with any sort of permissions. The defendant submits that VCS should not confuse a major thoroughfare with a car park and presume to act as land owners and usurp the control of any land which is not relevant to them.   Alleged contract The court should consider if there is any contract to start with and if the alleged offence is on relevant land. The consideration will inevitably lead the court to conclude that there is no contract.  Also the court should note that there is no valid contract that exists between VCS and Peel. Under the Companies Act, a contract should be signed by the directors of both companies and witnessed by two independent individuals. This alleged contract, which makes no mention of pursuing registered keepers of vehicles to court, makes its first appearance as a Witness Statement. Thus the alleged contract is null and void.  The Beavis case referred to by the claimant is about parking in a car park. The claimant is here attempting to equate that case to stopping, not parking, in a bus stop and on a road that is covered by the Road Traffic Act. The defendant submits that there can be no contract as there is no offer but there is only a prohibition. Again, it is not relevant land and VCS has absolutely no rights over it.   Further, the defendant would like to point out that motorists NEVER accept any contract just by entering the land. First they must read it and understand it and then, and only then can they realise that "No stopping" is prohibitive and cannot offer a contract.   Bus stop signage The signs around the bus stop do not mention who issued the “No Stopping” signs so it could not have been issued by VCS since the IPC CoP states that their signs should include the IPC logo and that the creditor should be identified. Nothing on the signs around the bus stop that says “NO Stopping” mentions VCS or Peel Investments who are now purporting to be the land owners of a public road. As the signage should identify the creditor, since it does not, this is a breach of the CoP.   The Traffic Signs Regulations and General Directions 2016 does not prohibit stopping in a restricted bus stop or stand, it prohibits stopping in a clearway. The defendant would like to ask the court to consider if any clause of the Traffic Signs Regulations and General Directions 2016 that the claimant alleges has been violated by the defendant. There is no mention of permits on the signage. If there were, would it mean that Permit holders were allowed to stop on “No Stopping” roads? Notwithstanding what the claimant calls it, the mentioned signage is NOT a contractual clause. A “No stopping” sign is not an offer of parking terms.  Since the signage around the bus stop is prohibitive, it is as such is incapable of forming a contract. Further, the defendant would like to point out that the prohibitive sign is not actually at the bus stop but a few metres before the stand itself.   There is no mention of a £100 charge for breaching the “No stopping” request, or if there is one then it is far too small to read, even for a pedestrian.   As already stated, a Witness Statement between VCS and Peel Investments is not a valid document.   It will need more than the Claimants feather to outweigh the case against the Defendant regardless of who was driving.   There is no law of agency involved. This is not a case of employer/employee relationship. VCS cannot transfer the driver's liability to the registered keeper.   There can be no comparison between a railway station and an airport. This is a totally fatuous analogy which cannot be applied to this case.     As stated in the defence, it is denied the Claimant is entitled to the recovery or any recovery at all. The nefarious parking charge notice given for a vehicle on a public road bus stop was ill advised to start with.   Conclusion: VCS has failed to present ANY reasonable and valid cause to apply to the DVLA for the Defendants details. VCS has failed to provide ANY valid  contract with the landowners. “No stopping” is prohibitive therefore cannot form a contract the event happened on a bus stop over which VCS has no jurisdiction the signage either does not show that there was a charge of £100 for stopping, or the font size was too small for any motorist to be able to read it  the signage does not show the Creditor which fails the IPC CoP and hence the signage is not valid the WS contract does not authorise VCS to pursue motorists to Court   Given all these factors it seems that VCS have breached the GDPR of the Defendant quite substantially and it would appear right that an exemplary award is made against VCS in the hope that they will drop all further cases at Doncaster airport where they are pursuing motorists on non relevant land.   The Defendant wishes to bring to the attention of the court that the Claimant cites an irrelevant case of a car park and tries to apply its merits to a bus stop. That in itself invalidates the entire fallacious claim.   Accordingly, this case is totally without merit. Some statements are pretty close to perjury and others are designed to mislead or misdirect. None of the analogies seem appropriate or relevant. All the false information presented as a statement of truth could have been stated using half the words and without all the repetition which appears to be trying to build a strong case where there is none at all. One particularly bad example of misdirection is in the photographs. The Clearway sign shown near the bus stop is very unclear unlike the Clearway sign two photos before it which may well include terms and conditions. The one by the bus stop is totally different.
    • I have read that thread. I will need to wait for last date of deferral to get key information to go back to Drydens.   I already asked for them to set aside, they refused but they have sent a message to court suspending warrant of control and put account on hold whilst they answer my SAR. I have also requested SAR to SLC.    
    • you do NOT need to pay it and anyway that would not remove the ccj, its there on your file paid or not for 6yrs, a paid ccj even with a cert of satisfaction is as bad as a non paid one.   the ONLY way to remove it is to set it aside.   sadly you the very worst thing you could have done with ANY debt on your credit file or not that you last used or paid or wrote about to the debt owner in the last 7 yrs....you ran away,,,moved without informing the debt owner of your correct and current address.   erudio and drydens are masters at doing backdoor ccj's. they are ofcourse totally wrong that the defaulted date is the sb date...well not when your last written/signed ack of the debt was more than 6yrs before the claimform date.   now how do you remove it....go read that thread ...carefullly then comeback here and lets see if you understand how.   dx  
    • Thanks, having to move house and discovered this. It's causing a nightmare in trying to rent somewhere and mortgage was also refused by the bank.    Shortly after requesting info I got a warrant in the post from bailifs. Managed to halt that and pause any action till I get key dates to try and get this removed.   Not wanting to avoid paying it, just need the CCJ gone.   Appreciate your help. Will read fully although I am not great with law.
    • Write the letter. It's important that you put this in writing so that you have a paper trail. Send the letter by recorded first class delivery. Explain that because of the defect in the bundle which has manifested itself within 30 days – always refer to the bundle – you are now rejecting it under the consumer rights act 2015 and that you require a refund and you want to know what their arrangements will be for providing you with this. You can also send this by email – but do it straight away. This reserves your rights and after that you have some flexibility as to how you want to act. I understand that they are uncooperative. No surprises. Don't imagine either that they will be fazed by your letter – but the important thing is that you are able to show that you are asserting your rights. After that, they are acting unlawfully We will help you make a claim against them and I suppose that will involve threatening to sue them and maybe even going on to sue them. You will find interesting and you will acquire some transferable skills which will enable you to sue anybody else who gets in your way with a degree of confidence. However, it might be a good idea to mitigate your loss and I would suggest that you accept the money that they have put on the table but make sure that they understand that you are accepting it and you are happy with it and you consider that they still owe you the outstanding £70. If you are asked to sign anything then you should decline and then we will help you claim for the whole lot. However if they don't ask you to sign for anything, then make sure that they have a letter from you at the same time saying thanks very much do for the £250. You are accepting it but this should not be taken as an indication that you are now relinquishing your claim to the rest of the money. Tell us what you want to do – with you want to take the 250 or whether you want to simply reject the lot and claim for the lot. If you want to take the 250 – which I suggest that you do – and if they will give you the money despite the fact that you are still reserve your rights in respect of the balance, then come back here when you have that money and we will help you with the rest. If they refuse to give you the money unless you agree that it is in full settlement, then that becomes very interesting because it becomes very clear evidence that they are beating their obligations under the consumer rights act – and this gives you even greater leverage over them when you decide to confront them. The advantage of mitigating your loss is that there is less to sue for and that means that your court fees will be less – although you will get these back anyway when you win. Also, because they are only fighting to hang onto £70, they are more likely to put their hands up once they know you're serious. There is absolutely nothing to lose and everything to gain by taking the money that is available on the table subject to the reservation which I've indicated above.
  • Recommended Topics

  • Our picks

  • Recommended Topics

Indigo Michael - Safety Net Credit - Clear account PDL Default notice


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1545 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

Hi, I had a general query I was hoping somebody could help me with.

 

On CheckMyFile .com it states:

 

Notice Of Default

Definition of 'Notice Of Default'

A formal letter from a lender sent when you fall in arrears.

 

 

The notice sets out the arrears and what you have to do to put things right, within 14 days.

 

 

Failure to respond to a notice of default results in a default,

which appears on your credit file for six years,

irrespective of whether you subsequently pay the account in part or in full.

 

The notice is required before creditor (lender) can take any of the following five actions:

terminate the agreement, repossess goods or land, demand earlier payment of sums due

under the agreement, treat as restricted, terminated or deferred any of the debtor’s rights under the agreement and enforce a security.

 

It applies to all types of breach of a regulated agreement, not just default in payment and is only applicable where the creditor intends to take one of the five types of action. A simple reminder not threatening one of these actions is not a Default Notice and not governed by Consumer Credit Act 1974.

 

Is this an actual rule?

 

 

Must a lender issue a default notice 14 days before issuing a default?

Link to post
Share on other sites

tell us about the debt please

 

 

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

The is debt is Indigo Michael - Safety Net Credit - Clear account when I set it up. £392.00

Date opened 28/01/2014.

 

I changed my online banking passwords in May 2014

so it has showed on noddle as late payment for a year and a half.

 

 

A default was applied 31/01/2016 and the account was closed.

 

 

I have definitely defaulted and had I received notice I cannot afford to pay in full,

 

 

I was just surprised I didn't receive any notice.

 

 

I have not actually had any correspondence from them at all which is odd.

 

 

They have the right address.

 

I am a full time student.

Link to post
Share on other sites

No interest is being added, the debt is at £392 and has been at £392 since July 2014.

 

 

Since they had not chased me and in hadn't changed it was a low priority.

 

 

I would have liked to avoid a default if I could but that was just added.

 

 

I can still log in and view the statements.

Link to post
Share on other sites

moved to the PDL forum and retitled

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

Well if they're going to 'write off' the debt, then surely the fees they have levied will be written off along with it?

 

Sounds like they know they have acted irresponsibly and don't want dragging over the coals for it.

 

What did the email say?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

They say they have carried out a full investigation and that carried out all required checks and saw nothing of concern on my call credit, credit report.

 

"As already alluded to, we performed a credit search at the credit reference agency Callcredit and there was nothing to suggest we shouldn’t extend credit."

 

My very low rating, £5000+ debts and 11+ defaults didn't concern them.

 

They go on to say -

"Having reviewed your complaint and understanding the situation that you now find yourself in, as gesture of goodwill, we are willing to write off the remaining balance owed of £392.00 in its entirety. This means that repaying the outstanding balance will be waived and the account closed, drawing a conclusion to the matter."

 

As long as they remove the entire entry from my credit report, I will accept this resolution.

Link to post
Share on other sites

I'd accept it regardless, one more default isn't going to harm your CRF, not if you have 11 previous markers on there.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

I will, the only reason I'm attempting to get this one off is that they applied it January 31st so it wouldn't be off until 2022. The other were already on there and will come off much earlier. It's going to be a long time before I have anything resembling a decent score though.

Link to post
Share on other sites

Yeah, I figured it was something like that after I hit 'post'.

 

Plus I would 'think' that they would remove it in its entirety as there is no account to 'service' so they would have no reason to be reporting how the account is run to the CRA's, so I would think that they will remove it anyway?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Well I have received the final response from safety net credit:

 

£392.00 outstanding will be written off, and the record will be removed from my credit file.

They will also refund £237.29 which is the amount I had repaid plus interest.

 

Very pleased with that, and only possible because of all the information that is on this forum, so big thanks

Edited by albob222001
Link to post
Share on other sites

I changed my online banking passwords in May 2014

so it has showed on noddle as late payment for a year and a half.

 

Could you just expand a bit on this please, what has your bank password got to do with it ??

Link to post
Share on other sites

Saftey Net credit almost acts like an automatic payday loan.

 

In order to use their service you must give your online banking ID and password. They automatically add money if you balance gets low and take it back when it get higher.

 

This might work for somebody who has their finances in order to help avoid unauthorised overdraft fees. Sadly, I borrowed the full amount and then it would repay when I got paid and I do it again, so it was just a rolling loan facility for me.

Link to post
Share on other sites

In order to use their service you must give your online banking ID and password. They automatically add money if you balance gets low and take it back when it get higher.

 

Are you serious?

 

Even my bank doesn't ask for that information? That is an extremely dangerous, and I would like to think, totally unlawful method of borrowing?

 

This might warrant further investigation by the ICO, this is clearly not right.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Yes, totally serious, I took the loan around 3 years ago but they still operate in the same way, the only difference is they were called clear account when I first used their services. The can automatically withdraw and make deposits. I changed my passwords as I was scared they would automatically take any payments I put into my account.

 

I was desperate for the money so gave the information.

Link to post
Share on other sites

Yes. I've just been on their website to have a look see, and it seems they have the full backing of the FSA to ask vulnerable people for their bank details!

 

Truly criminal IMO, exploiting the vulnerable, what a vile industry.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Saftey Net credit almost acts like an automatic payday loan.

 

In order to use their service you must give your online banking ID and password. They automatically add money if you balance gets low and take it back when it get higher.

 

This might work for somebody who has their finances in order to help avoid unauthorised overdraft fees. Sadly, I borrowed the full amount and then it would repay when I got paid and I do it again, so it was just a rolling loan facility for me.

 

Are you serious?

 

Even my bank doesn't ask for that information? That is an extremely dangerous, and I would like to think, totally unlawful method of borrowing?

 

This might warrant further investigation by the ICO, this is clearly not right.

 

I have never ever heard of such a thing and as said above, exceedingly dangerous. You have no idea who these people are. If you haven't already, I suggest you log off CAG and go and change your password now and make it a strong one.

 

Never ever give your password to anyone. Even your own bank will never ask for that.

 

In future, payments by direct debit or standing order only.

Link to post
Share on other sites

Yes. I've just been on their website to have a look see, and it seems they have the full backing of the FSA to ask vulnerable people for their bank details!

 

Truly criminal IMO, exploiting the vulnerable, what a vile industry.

 

Does it actually say that as having a license isn't the same as backing their methods ?

Link to post
Share on other sites

Does it actually say that as having a license isn't the same as backing their methods ?

 

No not in so many words, I just saw that they are 'approved' by the FSA, so you're probably right in that they do not know this practice is going on.

 

I just find it incredible that they can even think of asking for this information???? Truly dumbfounded!

 

SafetyNet Credit’s service requires us to have read only access to your internet banking. You need to disclose your online banking log-in details to be considered for a facility. If you are given a facility we review your balance and transactions on a daily basis and monitor any changes in your financial status.

https://www.safetynetcredit.com/how-it-works-linking-to-your-bank#howitworksLinkingAccount

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Although they say it is "read only" access - the refund I have now received was for money they withdrew from my account. I never had a direct debit or standing order, and made them no payment by cheque or card. The only way they got the money was with their access to my online account.

 

That is why I changed all of my passwords.

Link to post
Share on other sites

I also had a loan from Safety Net Credit, a limit of £140, got in to difficulty after 6 months or so, changed passwords and changed banks, they never added extra fees or extra interest, amount outstanding was £184 so £44 worth of interest charges in 6 months, I am now paying off by standing order at £10 per month. Interestingly this came up on my credit report as a 'credit card' which I thought was odd.

Link to post
Share on other sites

It appeared in the credit card section on my report as well.

 

They collect data on their customers (victims) spending habits as well using the "read only" access they have to the accounts - they display stats about that on their website - seems very dodgy to me. I wish I had never been as desperate as I was when I signed up to their service.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...