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    • wow, thank you so much for such a comprehensive reply, the vehicle has thrown up some engine management issues, warning lights etc which have been cleared with a code reader, likely to return though.   I have been told that I could use 'Money Claims Online', what do you think? Its a new service I believe. I don't think there is such an opportunity for obfuscation and costs are limited to 4.5% of the value of the claim, I think!
    • Sorry DX my over excitement or annoyance. On this bank of Scotland credit... Taken out 2003 defaulted and sold to Cabot around 2006. Been paying them £5 a month upto July 2016. Then on advice...thanks DX...CCA to them. Normal response no information available,will be in touch again in 40 days. Out of the blue Jan 2021 reiterated balance outstanding. I explained about my CCA request back in 2016 and they could not find anything. They then advised they would investigate and to give them 16 weeks. Out of curiosity today rang them..about 15 weeks. Advised they had a an agreement for the card. As yet nothing in the post. Hope that makes more sense🙂 Will post up correspondence...if received
    • Thanks BankFodder for your help. I will just wait for mediation process to begin and then take it from there, using the advice and guidance on how to go about mediation from previous cases in this forum.
    • Hi dx I was working agency work at that time and very unreliable.   papayoo
    • And presumably it has been thoroughly checked out mechanically. You're confident that you have identified all the defects. Your situation is this: You can certainly bring a County Court claim against the dealer and on the basis of what you say, you will probably win. Under ordinary contract law, it might be considered that the breach of contract is not overly serious and you have not been deprived of substantially the whole benefit of the contract. On that basis you would more likely to be awarded a sum of damages to reflect the reduced value of the vehicle had it been correctly advertised. Under ordinary contract law, the breach would have had to be so serious that it could be said that you had been deprived of substantially the whole benefit of the contract. This is what is called in law – a fundamental breach – and this would allow you to treat the contract as terminated. This is where you find a difference between ordinary contract law – the common law of contract – and the statutory rights provided under the Consumer Rights Act. Under the Consumer Rights Act, because you have identified a defect and asserted your right to reject within 30 days, then you are entitled to reject the entire contract simply on the basis that the vehicle is not of satisfactory quality – even though you have not been deprived of the whole benefit of the contract because you are still driving the thing around. In other words, the car is not up to the standard that you would expect considering all the circumstances – and particularly in view of the price – about £26,000, even though it is generally speaking a working vehicle. This is why you are better off suing under the Consumer Rights Act because I understand that you want to reject the vehicle and you would not be prepared to accept a reduction in price – although you could negotiate this if you wanted. The complicating factor here is the value of the vehicle. If the dealer Hills Prestige of Lymington,  want to stick their heels in, then you will be obliged to bring a County Court claim against them. Where a claim is for a figure less than £10,000, the action is allocated to the small claims track. Small claims track rules concerning costs are that even if you lose your case, you won't have to bear the costs of the winner. In other words each party bears their own costs. This is done to discourage expensive litigation. It doesn't always work because large corporations don't give a fig and they will spend huge amounts of money trying to crush their customers rather than settle claims which are worth a tiny fraction of the litigation costs; all too often they are bullies. Where the claim is more than £10,000 then it gets allocated to the fast track. This means that if you lose the case then you will have to bear a substantial portion of the costs of the winning party. This can act as a real disincentive to litigate. The problem is that some companies use this as an opportunity to intimidate their customer – who is generally speaking a litigant in person – with the prospect of substantial costs in the event that the customer loses the action. This can put a lot of people off very understandably. Your chances of success here are extremely good that you need to be aware that your risk factor if you lost, you might be faced with a fairly high level of costs – which could be more than £5000. If Hills Prestige of Lymington, decide that as part of the litigation strategy they want to intimidate you, then they could litigate in a way which causes obstacles and delays and which incurs greater costs for them and they would do this simply to raise in your mind the spectre that if you were to lose, then you would be liable for a large proportion of those costs incurred. It's a nasty – who-blinks-first – style of litigation. It doesn't always happen but it can do. Conversely, if you brought this action and you wln then they would have to pay your costs. Perversely though, because (I imagine) you would be bringing the action yourselves, you would only be able to recover your costs at a litigant in person rate which is currently about £18 per hour. I say it's perverse because if you decided that you wanted to employ lawyers to represent you, they would be able to recover their costs at the professional rate. It's also perverse because even though you might decide to try and save money and incur only litigant in person costs, if you lost the action you would have to pay the dealer's costs at the professional way of their legal representatives – assuming that they used professional legal assistance. If you wanted to bring a legal action then we can help you all the way although of course it would be you who would be going to court. We would simply be advising you and helping you to draft your documents and advising you on strategy.  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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excel/BW PCN Claimform - peel centre 05/2015


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Hello All,

 

A 'PPC' who's identity shall remain undisclosed for the time being,

I've had all the letters from them also letters from the 'pet debt collectors'

now it has gone down the route of their 'Solicitors '

 

 

This where it gets interesting

the 'Solicitors ' have been sending the letters to my old address ,

 

 

I then had two at my new address,

I have been back to my old address ( It was my Fathers before he passed away)

Lo and behold I have a MCOL from them to my old address with them knowing full well my new address,

 

 

I have acknowledged the MCOL Claim as per the great advice seen on hear,

 

 

Now my question is bearing in mind that my job takes me away all week and also I am in no way legally trained,

 

 

But my feeling is,have they left themselves open to a investigation by the Police ?

 

 

I feel that this is very underhanded it could have left me with a Default CCJ which is a big no no in my job, thoughts please

 

Anon55

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I think you should start off by naming the company. I can't imagine why you would want to protect them and it helps other people on this forum – and we are a community, after all.

 

Even if their behaviour was deliberate – which you shouldn't necessarily assume to be the case – I can't imagine that the police will be at all interested. The private parking industry seems largely to operate with impunity and even their own so-called professional Association – the BPA seems to keep a very loose sort of control over them. One gets the firm impression that really is just a bunch of cronies. By and large it's a non-productive industry which for the most part feasts upon ordinary people who make innocent mistakes such as short over stays or failing to notice or to understand a sign, and for that they get punished by a fine which for some families can easily amount to an entire week's shopping.

 

And you prefer to protect them by not revealing their identity

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i'd get on with the claim and forget all this stupid old hat nonsence about addresses and police and illegal acts.

 

 

so you've an excel or VCS speculative invoice

and wrongly ignored everything to date.

and it appears the car at the time was registered to the wrong address?

hence them sending the claim form to the old address

ifthats the case your bigger worry is a £1000 fine from the DVLA if you not resolved that yet.

 

 

as for the claim

you've ack'd it

defend all?

and left juridication unticked?

 

 

have you gotten the private parking CPR 31:14 away yet?

if not get it running

if you cant find it in threads in THIS forum then ask for it.

look at my recent post in THIS forum.

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... 

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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... 

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was the vehicle registered at that address at the time of the event that they are claiming for?

if so, then they are correct as that is the service address.

 

 

You will have to inform them formally of the correct address for all documents etc,

do this when you send them a CPR 31.14 request for information

 

 

but before you fire that off,

tell us all about the event such as

date,

time

exact place,

 

 

what it is they say you did,

how you were first notified (screen ticket or postal NTK)

the date you received the NTK,

whether the POFA was mentioned for keeper liability,

what you did regarding these letters etc.

 

Excel are pretty poor at getting things right so this is all important stuff that allows us to pick holes in their claims.

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My arguement is that I,ve had 3 letters to my new address from BW !!!!

but the MCOL claim to my old address is dated after the 2nd letter

 

 

i have already sent the CPR to them , even as a non legal type of person surely BW are attempting to circumnavigate the legal system by issuing a document knowing full well the contact address is wrong

 

 

I,m tempted to contact the Court and point this out,

 

 

Surely that issuing a Document knowingly it is False must border on 'Trying to Pevert the Course of Justice !!!!

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well p'haps it does

but its all down to where the car was reg'd what the offence happened

but that can be dealt with later if needs be at all.

 

 

there are 2 links in post 5 please get those done

and then we are best placed to help you.

 

 

as its stands your arm waving is pointless

 

 

the claim has been issued

its not judged yet so no damage is done.

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... 

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1 Date of the infringement 31/05/2015

 

2 Date on the NTK NOT RECEIVED

 

3 Date received See Above

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? See Above

 

5 Is there any photographic evidence of the event? Yes Entry and Exit

 

6 Have you appealed?

Have you had a response? No

 

7 Who is the parking company? EXCEL

 

 

8. Where exactly [carpark name and town] Peel Stockport

Edited by anon55
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aha the peel centre

 

 

easy win

loads of other threads here and on the parking prankster thread

play this correctly

doesn't stand a chance

lots have won already

 

 

and now the 2nd link in post 5 please

 

 

thread title amended

 

 

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... 

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Share on other sites

The car was registered at my previous address,

it was Sold a few months after,

so you are correct in saying that was the address they used,

 

it still does not explain 3 letters from them to my new address !!!

including LBA,

 

not for the life of me can I get to grips with them sending a MCOL claim to that address after them knowing my new address and it seems nor can anyone on here !!!

 

its ok saying well thats the address they have

but with their recent letters to me at my new address

it beggars belief that something they had full knowledge of was disregarded in the hope that it would get ignored

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but have you replied to them from your new address?

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... 

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DX, no reply from my new address,

but it looks like they traced me to get this,

no searches on any Credit Agency ie Experion,Equifax, Call Credit, Noodle etc etc

 

 

i am registered on the Electoral roll in my home town, as its a Public File anyone can see it

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right then so full circle back then...

its what we call a phishing letter

 

and as you didn't ack it

 

they don't know for sure

 

so filed, quite correctly to the last known address.

 

so moving on...

 

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... 

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read up on all of the other threads about here and choose one that is closest to your circumstances, ie faulty machine, didnt see signs or what.

 

 

Then tell us what you want to do as you can say that no keeper liability created under POFA

but as you havent told us whether you still have the original letters

or not it is difficult to sy they will defeat this claim.

 

 

If you have to ask Excel for them they wont send them out before exchange of documents and that will be too late for you.

 

We are trying to help but it is like pulling teeth.

 

 

Give us something to go on..

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