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    • I'm afraid I think I would blitz it so as well as emailing the people you have just messaged, I would send messages out to everyone else. Part of the point is to engage in a campaign say that you disturb everyone. As the landlord has given a "care of" address, I think you could reasonably use that the service of proceedings if you need to. However I suggest that you check on the land registry web search and you may get more information. I'm quite sure that your tenancy agreement entitles you to peaceable enjoyment of your property and so from that point of view – yes there's probably breach. Also, do you have gas central heating and is there a gas safety certificate? Is there an electrical safety certificate? Are there smoke alarms? I think you should start going through the Internet and see what are the obligations of a commercial landlord in the circumstances and get a checklist and see what's missing. Now the time to cause trouble. However, don't forget that this will put you in conflict with your landlord and I expect there will be looking to get you out. When you moved in did you take pictures of the condition of the property? I should start taking pictures now – because if you do end up moving out either because he says you notice or else because you simply decide to up sticks, I can imagine that with this kind of attitude they may be some conflict over the condition of the property and therefore some conflict in respect of obtaining the return of your deposit or at least being refunded all of it. I'm afraid that you need to gear up here.
    • Y daughter just told me she’s been paying off a fine for £600    a bailiff called at her next doors ,  whist there they clocked her car in the drive way , not scorn not taxed off the raid ... I know i know  broken waiting money spending on it [ Ford]  turns out the DVKA took her to court in Bristol long waynaways because she hadn’t told the DVLA she’d moved and BENETTS  bought the debt , and chased her up at the new address to collect the payments ... how horrid is that? 
    • Hi BankFodder,        Thank you for your quick reply,  we feel a bit vulnerable living here with our two very little girls,   your reply is very much appreciated.   The Letting agent is Space4Living,  they say they wont do anything about it,   they only say it is a civil matter.   The landlord's name is on the Tenancy Agreement,   with the letting agent as a 'Care of' Address.   I have just sent an email to the local Environmental Health about everything,     and we will see what they say about it all.   Because the landlord seems not to be bothered about it,    if he does nothing or very little about it,    would he be in breach of our tenancy agreement ?   Cheers,    KFC  
    • Please advise if the following is ok to use?   I will say as follows:   It is admitted that Defendant is the recorded keeper of xxxxxxxx With recent dismissed claims such as claim no. Xxxxxxx it has come to light that the contract with the landowner stipulates 2 hours free parking at the Berkeley Centre car park and thus this case should also be dismissed not wasting valuable court time as the vehicle in question was parked for less than 2 hours.  The claimant in this case is not the proper claimant. As can be seen in their "contract". If there is a valid claimant at all it should be Excel Parking Services and not Vehicle Control Services.   Therefore, if any contract exists at all, the Landowner gave Excel Parking Services that contract. That contract is highly unlikely (although it cannot be proven as the claimant has not produced it) to give Excel Parking Services the right to assume the rights of the landowner and assign rights to another party.   While both Vehicle Control Services (Company number 02498820) and Excel Parking Services (Company number 02878122) have the same 'controlling minds',  & they are run as completely separate companies and cannot assign rights to one another on a whim and/or without the express permission of the landowner and even then, those rights can only be rightfully assigned by the landowner themselves and as that has not been produced as part of their witness statement one can only draw the conclusion that this is because that right (by way of contract of assignment) does not exist.   Further, while dealing with the so called "contract", it is not valid now and was not valid on the day that the event that brings us here today took place. As can be seen clearly on the contract, the contract was made for a FIXED PERIOD of 36 months from 25th November 2010. This means that this contract expired on or around 25th November 2010. As no renewed "contract" has been provided, again one can only assume that on the balance of probability, it does not exist.   In either case, as has been shown, Vehicle Control Services are not the proper claimant therefore there can be no cause of action as Vehicle Control Services has no Locus Standi to make or bring a claim and waste the valuable time of this court. If a contract existed at all (and there was a subsequent breach) it would either be between myself/driver and Excel Parking Services or myself/driver and the landowner. Vehicle Control Services are merely a third party and do not (as they have shown themselves in their own evidence) have a valid contract in place to manage the car park.   There is nothing said in the evidence to assert that Vehicle Control Services are acting as an agency on behalf of the actual contract holder therefore Vehicle Control Services cannot (and indeed do not claim to) have privity of contract. Dunlop Tyre Co v Selfridge [1915] AC 847, in which the action failed because although there was a contract, the plaintiffs were not a party to it and "only a person who is a party to a contract can sue on it," (per Lord Haldane).     This position (Vehicle Control Services being the wrong claimant) is backed up by their own evidence bundle. I refer you to photograph 28, 29 and 30 in the claimant’s bundle which clearly shows a 'Car Park' sign. The logo in the bottom and top right of the signs is for Excel Parking Services and not Vehicle Control Services who are making the claim in this case.   Vehicle Control Services know this to be the case as there have been many dismissed cases and discontinued claims.   Vehicle Control Services -v- Ms A. C6DP7P37 at Birmingham County Court. Dismissed. Wrong Claimant. Vehicle Control Services -v- Unknown. C1DP3H5V at Birmingham County Court. Discontinued. Wrong claimant.   As well as all of the following Discontinued claims. A8QZ6666, 3QZ53955, C8DP9D8C, C2DP0H7C, C1DP3H5V and C8DP37CH et al, all discontinued when it was pointed out to BW Legal that VCS had no right to pursue the matter as they were not the rightful claimant.   It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012; see paragraph 5.1a (enclosed). The car park signs are owned by Excel Parking, see claimants bundle 28, 29, 30 photographs and I have not entered into a contract with VCS. Following receipt of parking charge notices and letter before claim, I wrote to the Claimant stating that the Berkeley Centre pay and display car park is not managed by the Claimant but rather another party and invited the Claimant to drop their claim. Upon receipt of County court claim form Under CPR 31.14 on 14th August 2019 I requested evidence of the Claimant’s contract between VCS and the landowner that assigns the right to enter into contracts with the public and make claims in their own name, and proof of planning permission granted for signage etc under the Town and Country Planning Act 2007.  The Claimant refused to comply with this request and have provided no evidence of their connection to Excel Parking. I have yet to receive any evidence of myself the Defendant entering into a contract with the Claimant (Vehicle Control Services) nor any evidence of planning permission granted for signage. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. ‘VCS had no right to claim damages in trespass against motorists…and that the penalty charges did not constitute, in VCS’s hands, such damages (and) that there was no contract between VCS and the motorist.’ The Claimant did not evidence any contract by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.   Thanks  
    • Latest info      Creditor Claims Of £535,636,017  This is the extent of the damage Wonga has caused... I hope this serves as a lesson to everyone. Please steer clear of PDLs.
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Deedub

Saga credit card [Allied Irish Banks] demands

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Hello again, different story.

 

In July 2016 I was diagnosed with lung cancer which had spread.

 

 

I notified saga & told them to hold up repayments please while I sort out my work/benefits.

( I was awarded PIP that the hospital claimed for me.)

 

 

Saga called to say don't use the card and let them know when I was ready, also, it would affect my credit rating.

 

I retired in December & started a claim for universal credits and work related disability, which I've now got.

 

In the meantime, saga sent me an income expenditures form.

I returned that but, they lost it & asked me to fill in another one which I had to ring for, it never arrived.

 

 

Eventually got it, filled it in, sent it off over 2weeks ago & haven't heard anything.

 

I was going to call them today and wondered if there was any heads up you could give me?

 

The main question is;

Is there any way I can get them to take off the bad credit rating?

Thank you.

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sadly no

 

i'd just start paying what you can when you can if this is your ONLY debt?

 

its very low priority and hopefully they froze interest and charges once you alerted them?

 

there no legal requirement to send anyone your PERSONAL financial details

NONE of their business!!


..

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Yes, I'm just waiting to hear from them that they've accepted my monthly payments offer.

I'll call them then to see what's happened?

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pers i'd only ever communiczate in writing

then you have a papertrail

because they'll sell this on to a no powers DCA

and they'll deny all knowledge and slap all the interest and penalty charges back on.

i'd just start paying what you said.

you DONT need saga's permission to do it.

 

 

they've probably already defaulted your credit file

so no matter what you do

pay or not

that trashes your rating for 6yrs regardless

theres nowt more they can do to harm you.

 

 

dx

 

 

 

 

dx


..

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Hi there,

Thank you for your reply. They HAVE put a bad credit mark on my score, I checked.

 

I've spoken to SAGA,

(I had to phone as they hadn't replied to my letter and expenditure form)

they are happy to accept my monthly payments which I'll set up asap.

 

 

I also put to them a settlement figure which I feel they seem open to.

I've to send my medical conditions & statement of offer.

 

I asked them to restore my credit score but, apparently, as they are Irish (AIB) they have no control over it, they only deal with Irish credit law, (yet they managed to put it on??) & I should follow that up myself. (I am about to write to Experian etc for clarification.)

 

 

When I send off my letter to SAGA I am going to put the restoration of my credit score as a condition of the settlement fee. Is that feasible?

 

Another point is that I didn't receive in writing that they were going to mark my credit score.

I read somewhere that that should happen.

I wondered if I had a case there?

 

So, to summarise, 2 points:

 

1. After settlement how to lift the credit bad score, if, as they say they can't do it as they're Irish, though they put it on.

 

2. Does the fact they didn't write to tell me that my credit score would be affected count for anything?

Thanking you. :oops:

Edited by dx100uk

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if they are not going to wipe your credit file

I question the need to send any pers info

 

 

if they wont help yo

why help them

2 way street.

 

 

no harm in you contacting the ico for clarification on this we are irish we cant clear your credit file stuff.

 

 

dx


..

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And the fact they didn't write to me?

 

Thanks very much for your reply, going to try ICO now.

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Just spoken to ICO & they suggest that it will show as 'settled' rather than taken off, which is what I meant actually.

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yes but it doesn't remove the defaulted date in the summary nor the calendar markers

they stay. even if settled

 

 

dx


..

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What I'm trying to find out is, is it worth giving them a settlement or a monthly payment? If they are both going to achieve the same then I won't bother with the settlement option.

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do what you are currently doing for now, you owe 'something' so minimal payments will hold things for now.

 

 

why don't you get an sar off to them.

lets see all the statements

and see what else they've been charging like penalty fees or PPI or WHY?

 

 

when did you take this card out?

 

 

dx


..

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Yes, I've just set up the standing order.

Without checking I think I took the card out in 2012. There's not a great deal owing £2,000.( Hope that's not too facetious of me.)

Thing is, I want to keep them sweet, as it were, so they'll accept the settlement figure if I need them to.

I thought I'd write to them offering the settlement & including the proviso that my credit score is restored. Then, if they refuse to restore the credit score, don't go ahead with it & carry on with the standing order.

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id p'haps be getting all the statements first?

lets see what cards you hold re reclaiming or inflated outstanding balance

where they have not helped you when they should.

 

 

ducks inline time.


..

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I have the majority of my statements, are they what you mean?

When you say they haven't helped me, do you mean my illness?

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any penalty {£12] fixed sum fees?

and did they agree to freeze interest when you told them?


..

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Yes, I asked them to freeze the interest in my first letter and they agreed, by way of a phone call.

They don't answer to emails.

They often charged me late payment fees.

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then there is you bargaining tool

IMHO you need all the statements then

penalty charges are unlawful under FCA rules


..

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I've sent off a letter asking if they will accept a settlement fee, on the condition that they remove the bad credit mark.

We'll see.

Also, I didn't know that late payment penalties were unlawful?

Edited by Deedub
Forgot a point

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