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    • a) Debit transfer into his personal account  b) i - yes     ii - yes   iii - initially quoted £25,000 - £30,000 for the whole job.  This escalated to nearly £44,000.  Would ask for money in stages for materials and labour. c) Runs a Ltd company with his wife d) Assets include van, own digger, dumper and cement mixer but kept in unknown location    Solicitor advised not to throw good money after bad as he could just shut down company.  
    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
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Cabot Subject Access Request (SAR)


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Thank you for that. It seems to me that under s 13.1.4 they can send me practically any old agreement template.....signed or not....

"1) The copy of the executed agreement should be a 'true copy' of the original. However, as confirmed in the case of Carey v HSBC Bank plc[2009] EWHC 3417 (QB), in this context the term 'true copy' does not necessarily mean a carbon, photocopy, microfiche copy or other exact copy of the signed agreement. There is no obligation to provide a copy which includes a copy of the signature.

2) The firm can reconstitute a copy. It can do this by re-populating a template of the relevant agreement form with the details of the specific agreement taken from its records. If the firm does provide a reconstituted copy, it should explain that that is what it has done, to avoid misleading the customer that this is a contemporaneous copy. "

 

 

Only in complying with a section 78 request...they need the original for enforcement purposes as your agreement is pre April 2007

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Thansk for the quick response. Will await and see what they send for other cc debts.

Still unclear whether the fact that the LH side of p3 of Halifax agreement is missing means the documenet is invalid.unenforceable.

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A s78 request is basically a request for information

 

and provided it is a true copy of the agreement plus t&cs at closure and a simple statement of account then that satisfies a s78 request

 

However in your case bearing in mind being retired, no assets and moving abroad

 

I cannot see Cabot bothering to pursue , not worth the time and unrecoverable costs

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  • 2 weeks later...

ok....I have now had a CD with SAR information for all debts witht them. I am atttaching the Halifax (IF) agreement as shown in the SAR....p3 is a little more readable than the previous copy sent. Cabot say they believe it is enforceable.

So.....

1) this is a copy (not original) which is not certified as a true copy of the original.......so is that valid?

2) The agreement is not signed by Halifax (Intelligent Finance)...is that a reason for it being unenforceable?

3) I am still not sure of the situation pre 2007 (as the agreemewnt was in 2005)

 

thanks

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sorry but page 2 is NOT the reverse of page one

[but page I states so]

 

 

is that from cabot or the sar you got?

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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you mean CCA request?

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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And page 3 is not part of page 1 or 2 either...its reconstituted.

We could do with some help from you.

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Just down to experience...but look at the type face and fonts...dead give away that its 3 separate documents mashed together.

We could do with some help from you.

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No need to approach at all...we come back to your initial post...whether to continue to pay or not..with the full knowledge that they do not hold a legally compliant copy of the agreement.

 

The decision to continue to pay or not is yours

We could do with some help from you.

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Original attachment is now gone. Many thanks for re-posting.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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When they sent the hard copy of CCA to me p2 (as the reverse of p1) was blank.....not sure if this is significent.

ok.....so legally, because the fonts are different on p1/p2 and p1 refers to page 3 (pages not actually numbered) it is unenforceable?

COuld I just ask whether the fact that Halifax did not sign the agreement is usual or does that also make it an invalid agreement/contract?

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Its stamped? so as good as a SIG?

 

But anyway

Its bogroll

Ignore stop paying

 

Do nothing until/unless they issue a claimform

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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You will be asking us for next week lottery numbers next :-D

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Nobody can give you a 100% guarantee what may happen ..whether they issue a claim ..whether you win or lose...unfortunately we can only go off past experience by creditor/DCA and claims issued and how they concluded.

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Appreciate that - I am going to wait and see what (if any) response I get to CCA's for other debts with them......40 days up end of this month as they said they would ahve to contact original lenders......mmmm

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yours is pre 2007 ...

they might be able to comply with a recon for the act itself

but I doubt if that would be considered enforceable in a court of law...

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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Lots of problems for DCA relying on Reconstituted agreement pre 2007, one of the main ones would be that they haven't got the T & C's forming part of the agreement to put in the recon, so contract very different from what was signed up to.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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