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    • Hi Tawnyowl here,i have been watching events over the last week or so as things develop. Labrat,such a sense of humour.😀 Hi honeybee13 . Sure does     Anti-fracking campaigners have reacted with concern to news that the British Geological Survey (BGS) signed a non-disclosure agreement with Cuadrilla over access to operational data. https://drillordrop.com/2019/08/24/suspicion-over-fracking-firms-secret-deal-with-geological-agency/   Cuadrilla has been accused of trying to downplay last night’s 1.6ML earth tremor caused by its fracking operation near Blackpool. The tremor, at 8.46pm, was the largest so far recorded at the Preston New Road site since fracking began there in October 2018. https://drillordrop.com/2019/08/22/living-in-fear-residents-respond-to-1-6ml-fracking-tremor/ Energy firm Cuadrilla said a 2.23-magnitude tremor was recorded at its facility near Blackpool at 11.01pm on Saturday – the third “micro seismic event” this week. While some local residents may have felt the movement, it was not strong enough to have caused any damage to property, the firm added.  Do you believe anything this company says. Like their so called micro seismic events you would think damage could have been caused to properties. Once buildings start shaking this must happen surely. I was approached this afternoon while at a cricket match. Just chatting way about this and that when the person said Did you feel the Earthquake last night. I had not even heard about it,tell me more i said. Lights and windows shaking moving around about a mile away on one of the North of Englands largest housing estates. And there are reports of many more people feeling this event covered on this link. Why should a community be put through this,waiting for the next one. People living around Cuadrilla’s shale gas site reported shaking buildings and windows last night from a 2.1ML tremor. This is the strongest seismic event so far induced by fracking at the Preston New Road site near Blackpool. It brings to more than 90 the number of tremors since fracking resumed at the site less than a fortnight ago. Within minutes of the tremor, there were reports that people had felt it from surroundings towns and villages including Blackpool, Weeton, Westby, Peel, Kirkham, Wrea Green, Great Plumpton and Lytham St Annes. Much more on the link. https://drillordrop.com/2019/08/25/call-for-fracking-ban-after-2-1ml-tremor-shakes-buildings-around-cuadrilla-shale-gas-site/   You might notice that the BGS has a page now for human activity causing Eartquakes-link Last updated: Sun, 25 Aug 2019 18:10:00 (UTC) This list contains seismic events for which there is strong evidence that they have been induced by human activities. It is linked to a database of seismic events and locations and magnitudes may change as events are re-analysed and revised. Background, tectonic seismic activity is reported on our recent earthquakes list. http://earthquakes.bgs.ac.uk/induced/recent_uk_events.html   I had better leave it there for now, more soon.,how will it all end because surely it will. Things cannot carry on much longer like this,can they? Bye for now. Tawnyowl writing from the Earthquake centre of Great Britain courtesy of Cuadrilla Fracking.
    • happy for mod to move it to suitable location under thread title Background: Thanks in advance for any thoughts you can share. This is a very long history, I appreciate your time. In 2011 I took out a £8500. loan from Borro private finance against art and jewellery to make ends meet. The agreements are attached below. This is a CCA. Borro regulated by the FCA. The interest rate is APR 68.8  % for 6 months.  I paid the interest and capital during the period term. On 3 May 2012  I renewed this loan at 79.4% interest for another 6 months.  Last week I requested all evidence the lender holds concerning the agreements. Missing are 03/05/2012 through 14/06 2013.( not under a SAR).  I fell into arrears on the loan and one piece of jewellery was sold, reducing the balance to £6400. Dec 2014.   The lender took a payment of interest £2044.16.  Renewed against the other items ( art etc) on this loan.  The new interest rate increased to 88.8%  . At the time the ring was sold, I requested all documents concerning the sale. Borro produced none. The ring is appraised at $17,5000.  £14,000.  The ring was sold for £3500.  I have an appraisal. I was notified prior to the sale. The ring was sold by "private treaty". I continued to ask for information about this sale until todays date. No information has been provided.  I took a huge loss . The ring is not clearly described on the inventory compared to the appraisal. Documents missing from Borro response to my request include 25/10/2014 to 10/04/2015. I was in arrears on this loan and a new agreement was made. The loan amount was increased to £10,810.00 and the interest rate decreased to  80%.  what is interesting is that the lender should have sold this ring, the value was sufficient to pay off my debts. But that is not what happened. someone got a deal on a nice ring.  II. ON 1, Jan 2012, I took out a second loan in the amount of £3000 against another piece of Jewellery. The interest was 68.8%. I paid the P&I on this loan.    Missing from the requested information is agreement from July 10/2012 until 12/12/2012.  I did pay interest during that period and on 12/12/2012 through 11/06/2013 I renewed  with an interest rate for 79.4 %.  I renewed on 04/07/2013 through 03/06/2014 interest rate 97.8%.  I renewed this loan on 03/01/2014 interest rate was 88.8. Take note there is very little description about this item. I redeemed the loan but ended up back in the pawn. 19/06/2014 to 18/12/2014 interest eat 94.5%. I renewed this loan again 19/03/2015 . Interest rate was 93.2%. Now there is a clearer description of the ring. Documents missing from Borro response to my request include 012/06/2013 to /10/2014 to 10/04/2015. Information on the  description is also scant until I took the loan out again in 2014. The last payment on either loan was March 2015. Default date was September 2015. The lender still has my property.   PROBLEM: In 2013, Borro became aware that the reason I had pawned these items was that I was a plaintiff in a substantial lawsuit in the US. I borrowed because I had lost my job. I was not able to work( I had been FCA regulated). I was facing eviction, had serious financial stability  and some mental health problems. I gave them a copy of the pleadings. They are aware that I had claimed these loans as part of my damages.  In 2015, Periodically I requested the accounting. Some was provided some was not. As a result, in  2016, the head of credit wrote to me " "Thank you for coming in to see me today. As discussed, we will freeze your accounts with us from today the 14th October 2016 until the 31st of December 2016. This will mean that no further interest will accrue until the 31st December 2016 and we will not consign to sale until on or after the 31st December 2016."  I did not hear from them again until  08 February 2017. On 30/03/2017 I responded to Borro request that I give them an update on the accounts. I wrote that I needed a settlement figure.  No response the following week I personally met with the manager I had been dealing with. She told me that " we are not going to sell your property". We understand that you have fallen on hard times, we are human. How long will it take you to sort this out. I responded about 2 months."   I did not hear from Borro again until I wrote to them on 18/03/2019 where I stated, " the last time we met you were going to give me a settlement figure". There was no response. As a result, on  18 March 2019 I sent  an email to - Subject: RE: Borro Accounts. Dear Lender. Hello. The last time we met, you were going to give me a settlement figure. Litigation is still ongoing. We have a potential investor that has asked me to get a figure from you. Depending on that number, I can let you know if I can pay the bill and collect my things in the next few weeks. Please get in touch as soon as possible". no response.   In early July 2019 I received a call from someone at Borro. It was not a good time. I asked him to call me back the following week. I did not hear from him again either. On  6 august 2019 I received an email from Borro that I should log into my account. I was unable to. The following week I wrote to them and in summary: On 13/08/2019 I wrote and included a summary of the events: I am writing to advise you that I am obtaining advice concerning the  account. You are aware that you have not pursued any further action on this account since approximately 2014(or earlier) . This is because I had an agreement with Name Deleted that Borro was not “going to sell my property,  I recited the above summary of events.   Certainly, I had no intention to give up valuable property for almost 8 years and pay interest and principal for this long. I want to develop a resolution to the matter between us. In order to achieve this, Please can you provide me with the following information which is attached in a spreadsheet: I need a very simple accounting and please answer the below: Any renewed loans where additional credit was extended through the re-appraisal of the assets ( ie using the asset as leverage) to extend further credit where the loan proceeds were applied to the loan for reinstatement purposes. What were the source of funds for the last payment made? Because I am seeking advice with a view towards finding a resolution, I would appreciate it if you could hold action on the above account for a period of at least 30 days to give me the time  I need to obtain advice. If you are adding interest or other charges to the account, I would be grateful if you would freeze these during this period so that my debt does not continue to increase. Please can you send me the enclosed spreadsheet and the documents you loaded into my account as soon as possible. This will enable me to obtain accurate advice. I will contact you again as soon as possible with further details of a  proposal to resolve the account. ( so far this lender has not complied with my request)   SETTLEMENT OFFER From: Borro Customer Service <Contact@borro.com> Sent: 14 August 2019 13:22 To: Subject: RE: Your Loan Account   Dear borrower. Thank you for your email and for getting in touch with Borro. As you would be aware there have been many loans with Borro, with two loans that remain outstanding which we are seeking to resolve with you. Given the significant period these have been overdue, the current balance on these two loans is almost £52,000 of which the majority is interest. In order for you to move on from this debt it is proposed to sell the collateral associated with Loan DIAMOND RING 175643 in full and final settlement and return all the items under Loan 198678 to you. This would generate a loss for Borro of approximately £49,000, however given your circumstance this is something we are prepared to offer. While I would love to pay Borro £3000. I do not currently have the funds. Borro is aware because I wrote to them on august 13 advising them i am not working. I do not want to lose my property. I need to find a way for them to walk away, give me my property back. WHAT ARE MY OPTIONS? Below are the questions I have or could raise in order to "negotiate with them". Is this a high interest short term loan? What are the effects of an CCA that has an interest rate of 93.6% and is renewed every six months? It appears that one loan was "Refinanced".  What FCA terms did they violate which might apply to this situation ? After the agreement expired and terms were changed, what rights does the PB have to collect further payments or sell the ring? Did they waive their rights to further payments? How can I use refusal to produce sale information concerning the first ring, to negotiate my way out of this? What is interesting is, they sold a £14,000 ring privately, concealed the buyer and other information, then turned around and INCREASED THE INDEBTEDNESS substantially. In fact they want to do this again, but this time are offering to  write off £49,000  in other interest. What am I missing? What effect does violations of FCA 6 and 7. help me to negotiate a settlement. Is the FOS effective threat to the firm to pressure a settlement? Does a cost cap apply to these loans and if yes what is the amount of the cap? How can I use the current appraisal and FCA or any other rules to stop them from selling the ring for less than market value? I have someone looking at the accounting to see if there are errors. found several when query. anything you can find that voids the agreements? Anything else you can think of THANK YOU!!!   RING.pdf art.pdf
    • I am so sorry I see the confusion now, I was meant to say CAB not CAG. They are just sending him letters to copy and send which doesn't seem helpful at all.    I also apologise for the vague details right now. I actually thought he had got rid of the car already until he mentioned it as he dropped me off home, so I've only got a vague idea myself, i just wanted to see if there was anything he could do other than send letters. I will get more details from him and update this thread, or get him to join as you have advised.  sorry 
    • It was a late payment, no default 
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1099OID

BW Letter RE; 2013 Excel PCN - wrongly entered reg?

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She has just received A letter from bw legal regarding a PNC (Private Land) back in July 2013.

 

They are using the court case of Parking Eye Vs Beavis as there main argument.

 

She bought a ticket;

she did not go over the allotted time.

 

The reg plate was entered wrong.

See the details below and hopefully it should be come clear

 

Back in July 2013 a fiend of my daughter parked on a private car park run by excel parking.

 

At the time the girl in question was young and being young when paying for her ticket instead of putting in her reg, as she should, she was a little mischievous and put in TIT HEAD.

 

Well guess what happened next she got letter PNC through for £100. + £54 cost.

 

By the time she had told me in December of that year it was a debt collection agency that was chasing her for the money.

 

I sent a conditional acceptance saying that she did buy a ticket and we would happy except the fine if they could prove that the Reg TIT HEAD had not mistakenly been entered in their machine. And I sent a five pound Cheque to cover any loss.

 

I said that she was not excepting any liability but was here staying honour and offering remedy.

 

I said if this is not acceptable please return the cheque and with it proof of claim in the following.

 

I asked 19 things like disclosure of all photographs.

That Excell can show by the way of records that TIT HEAD was not entered on that day.

 

A asked them explain what grounds they are making a claim.

 

Is it damages for trespass,

damages for breach of contract,

damages for loss of income?

So on and so forth

 

in all I asked for between 16 and 19 pieces of information.

She has heard nothing since until she received this letter the other day.

 

Any advice please in relation to parking eye Vs Beavis and the above circumstances

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just send BW the one line disclaimer on many BW VCS excel threads here.

 

shes one of 1000's to get this letter

 

next will be a claimform

 

shame you paid

shame you called it a fine.

 

they now know you haven't a clue what you are talking about

hence the letter hoping you'll make a mistake again.


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I'm not surprised they didnt answer,

they get hundreds of these types of demands for proof

but generally they miss the point and you have made that same mistake,

 

this is admitting fault and try and mitigate.

 

Well, that has now blown up in your face as she will be damned by your words.

 

This is not about parking

but a matter of contract law

and that has been misunderstood in your list of demands as to what the rights of the matter are

and what a unilateral contract can be.

 

You had better find a better argument when the N1 drops on the doormat

 

so start reading other threads here and elsewhere and see what will defeat a claim.

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Thank you for the two replies.

 

both seem to happy to tell me what an idiot i am in the way i have handled it.

which i am happy to except it.

 

i might not like how it was put but i have to take it on the chin.

rightly or wrongly It was my understanding at the time.

and it backed them of for 3 years.

 

so i have to start again i will look into how to defeat a claim .

 

If ericsbrother if you could point me to any threads to speed up the process i would be great-full,

 

My understanding of contract is that if they are claiming breach of contract they have to be at loss.

 

if they it is by the way of damages they have to show the breach has caused loss or by entering the wrong number has caused loss or damage.

 

Please dx100uk do not reply to this or any of my post again please.

I personally felt belittled by your comments

 

i except that my understanding is not a patch on yours.

and your superiority in this subject matter is far above mine

but at the time that was my understanding and hindsight which is a wonderful thing.

 

I now would have handled things differently.

The the girl in question is at my house for Sunday lunch and was telling her what a good site this was for help and advice and i suggested that we have a look at the reply's

 

 

when we opened the replays read what was put she got quite upset after reading the posts but especially your post it made her cry she got quite apologetic to me for punting me to any trouble, which in turn made me feel bad for letting her down.

 

so apart from from telling me what an brain dead moron i am, what actual advice/ help did you give me to help her ?

let see shall we (NONE)

 

Just in case you were wondering I did offer to pay the invoice my self but she has flatly refused and wont here of it so i am honour bound to help her any way I can.

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wasn't belittling you

just said it was a shame

but your letter original letter was a wee bit OTT

 

there wasn't anyone else replying like that 3 yrs ago that I saw.

 

however.

 

what she has just gotten is std letter sent out by BW.

 

the background in all effect will make I suspect little odds at theend of the day.

 

just send the one liner that's on other threads here.

 

will hopefully reduce the chance of a claimform

[but as you'll see already, there are lots of threads with those too.

.but no-one that's defended properly has lost out to them.]

 

mine and EB comments are not so much toward you

but latter readers to see and not do the same

as that's what cag is about

showing what to do in these situations.

keep us informed.

 

dx


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on the claim form

they have to state nature of the claim.

 

what is their claim. apart from she owes £154.00?

 

By not entering her reg right she is in breach of contract?

 

or she has caused damage to the value of XYZ for not entering reg right.

 

what grounds are they trying to proceed on by not entering the reg right?

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they are just std claimforms with all the same text in the claim and its POC

 

sum for parking ticket

sum for costs to court

addition £54? is it sols costs.

 

type in BW VCS excel Claimform in the search cag box of the top red toolbar.

 

you'll see lots of threads

each has their poc in red

they are the same bar ofcourse details of time/place.

background is not mentioned


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PE v Beavis is a landmark case that says parking co's dont have to calculate their losses,

just make it clear on the signage that you are entering into a contract

and what the conditions of that contract are

and what will happen if you breach that contract.

 

 

Beavis puts consumer contract law on a par with commercial contract law

so showing a loss and calculation of liquidated damages no longer applicable.

 

 

Many parking co's dont know the difference and talk about contractual charges

when they mean damages for breach of contract.

 

 

They amount may be the same but if they get the wording wrong you cannot owe anything as they are different beasts.

 

So, back to the beginning,

where was the car park and can you get hold of images of the signage easily?

if not we can googlesnoop it from the road but that requires detail of exactly where the car park was.

 

 

also, are there signs inside the car park that differ to any at the entrance?

Excel are good at having 2 or 3 sets of signs that have different conditions on them

or refer to other signage elsewhere (or even to a website) so that would be useful for a couple of lines of defence.

 

Beavis doesnt however,

give the parking co's the right to claim any amount they want just because they have put some signs up,

it must still be an offer and acceptance and it is for them to prove that this has been done.

 

 

in the yong lady's case they now know they are chasing the right person,

the POFA doesnt apply any more and they have a good idea (or so they think) of what will be said next if they apply more pressure or make a claim.

 

 

The next step is to gather some information about the place and then respond to BW in a way that makes it clear that there is a good reason to resist their claim and they are likley to lose

 

 

so get busy with the info and read up on things like the Mansfield retail parkcase (planning permission) as most parking co's are stiffed by their criminal activity by not having planning permission for the signage.

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