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    • You do realise all your pers details are shown in file info/properties?   It's why our upload guide states use pdf only    Dx
    • Remember that your hearing is for set aside, and only for set aside.   The judge couldn't give a monkey's whether your defence is legally sound and able to beat the fleecers on every point.  That's for the judge for the final hearing much later down the line.  The judge will want to know    - if you have a serious reason for not defending the first time around, and    - if you have a defence.   That's all.  Oh, and you didn't faff around for months before applying for set aside.   Therefore it occurred to me that forcing motorists to queue up in shops to get vouchers to then faff around at machines to input codes, rather than just, er, allowing two hours free parking, could be construed as an unfair term under the Consumer Rights Act "notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer".   To a large extent at this stage it doesn't really matter if I'm right or wrong or clutching at straws, the judge just wants to see an series of bullet point you intend to argue in your defence.   If you do include it I now see the Act is 2015. not 2019.
    • This is the letter I sent to P.E.on behalf of my friend, who is a work colleague.  P.E.sent nothing that was requested, and instead sent a letter which is the one posted in this read.  here is what I sent to P.E.     Dear Sir/Madam,                                  Before I am in a position to decide what to do with this pcn, please supply me with the following documentation, no later than 10 calendar days from the receipt of this letter.   1.Please supply a  full unredacted copy of your agreement with the land owner allowing you to enforce parking regulations. Unless of course, CEL are the legitimate landowners, in which case I require a copy of that proof as registered with the land registry. If however,CEL are not  the legal landowner of the said land, then you will have failed to constitute a contract with the land owner giving you the rights to enforce parking on the site.     When considering wether you are the legal land owner, and entitled to the stated fee, please bear this in mind:-  2.If CEL are not the legal land owners, then your penalty charge would be deemed illegal under the Unfair Terms in Consumer Contracts Regulations 1999,if you are not the legal registered landowner. It is also an unfair term according to the Consumer Rights Act 2015 regulation 62(4) October 1 2015.   3. I require you to provide me with a breakdown of how you reach the claimed figure. Please be aware of Judge McIlwaines comments in VCS v  Ibbotson Case No 1SE09849 16.5.2012 (transcript in the public domain), where judge McIlwaine said  “Parking charges cannot include business costs which would occur whether or not the alleged contravention took place”.   Based upon that evidence, I suggest that the amount claimed is excessive and is being enforced as a penalty for allegedly parking. The parking charge does not represent a genuine pre-estimate of loss, and therefore is unfair as defined in the Unfair Terms in Consumer Contracts Regulations 1999. The charge is also, nearly double that of what a council parking charge would be.   I believe there is no contract with the landowner that gives CEL the legal standing to levy these charges nor pursue them in the courts in their own name as creditor.   4. Supply  me with documentation showing how or where I formed a contract with CEL.I don’t recall entering into a contract wether fomally, verbally, by phone, text, email, or in person. Signs do not help CEL and drivers to form a contract.CEL, I believe, are only an agent who may or may not be the legal landowner as registered with the Land Registry.  Excel -v-HMRC 2012 is the binding decision in the Upper Chamber which covers this issue with compelling statements of fact about this sort of business model.   5. CEL have not said wether the pcn is for damages for trespass, or a contractual sum. Please specify which it is.   6. I do not believe that CEL have planning permission to erect signage (or the cameras) at this location),required under section 2a, town and country planning act,as defined in the Information Commissioners code of practice, book, updated October 2017.Here is the section you need:-   “Given the significant amounts of information that ANPR systems are able to collect, it is important that individuals are informed that their personal data is being processed. The best way to do this is through signage explaining that ANPR recording is taking place and, if possible to do so, the name of the data controller collecting the information.   While it is a challenge to inform motorists that they are being monitored, there are methods you can use, such as the Town and Country Planning Act (control of advertisements) Regulations 2007, to help provide this information (see section 9.1.2 for further detail)”. You will find this on page 34, section 5 of the said handbook. If  however, you do have planning permission from the local council to erect cctv/anpr cameras and signage,, then please forward me a copy of the planning permission granted. I also require a copy of the approved planning application, approved site plan and schedule of installation and maintenance of the signs, and cameras.   7. Do not try and frighten me into paying by quoting the Supreme  Court case of Parking Eye V Barry Beavis. Here is some information before and since that case.:- Parking Eye actually pay a fee to the landowners of the car park in question in the SC case, which is why no other cases using this case have gone to county court.  Furthermore,Judge J J Maloney did say in his case that he is “ only a district Judge and each case would be different depending on its issues”. Either provide me with all the documentation I have requested, in the time scale stated, or simply  cancel your actions.                                                   Yours Sincerely   Obviously i changed the name from CEl to Parking Eye.   For a windscreen ticket.docx
    • Good evening   Have something of nothing really to tell   BigMW - I received an email yesterday from the business manager requesting that I attend in person...rather ironic considering I'm imobile hhmmm....   " If you require further information could you please come to site and present valid ID.  The purpose of this is to prevent fraud"   I would deem this an unreasonable request!! Firstly it's taken 36 days to respond, why isn't my drivers license feasible?  Please advise here   Creation Finance -  Received Docs from Sar request - Doc confirming pcp attached....What do you think?   Further to the above, I should have heard back from their investigation (20/05/2022) . I've heard absolutely nothing!  Do I at this point send a nudge email to them or just go straight to FOS regarding both parties?   Thank you     PCP contract_.pdf
    • SAR, yes do both, could be useful for cross referencing   The dates you've given for moving abroad also change from your original post so the more info you can gather the better   Also, there's quite a few questions you haven't answered that could be useful.    
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Specialist Motor Finance Ltd Car HP - Car Repossessed now chasing balance.


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sorry id put up with the hardship

50% int rate

you are bound to fail again.

as there previous name The Funding Council

they simply rip people off

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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If you remedied DN by paying arrears in full in cleared funds by the specified date then repo would be unlawful UNLESS you are still in arrears AND a further DN has been served which has not been remedied.

 

 

Your posts do suggest that you are still in arrears so this is a real possibility.

If you intend to go down the route of allowing what you think is an unlawful repo to proceed (which can mean you get a full refund) it might be prudent to check if there is a further DN oustanding.

 

Just to put to bed the argument over validity of the DN, 4.1.2 of your agreement clearly states that 2 payments in arrears is a default.

 

It is concerning that you are not allowed to make part payments.

That could be a breach by the Creditor.

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is this on your credit file?

 

noddle

clearscore

Experian

 

are all free and might give the defaulted date.

thus pointing to a more recent DN.....

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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No recent default just the one dated30/06. Which they have admitted has been paid and on time.

 

Yes it's on file but again default for 30/06 but no update since.

 

They have also told me they will accept part payment but I must pay more then I can afford.

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Well if this were me I'd gladly let the repo take them to the cleaners and put your payments toward the lump sum you get out of 'em for unlawful repo

 

If they were so sure they'd not offer a compromise

 

My major reason being the 50% int rAte

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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I hope we are getting the full and true story here

someone behind the scenes is doubtful going by all the previous incidents with this type of thing and cars that you've made threads on here already.

 

 

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 other cars have gone as had payment boxes on them,

 

this car was got when I was working full time

till employment ended

partners job started this year then ended September this year.

 

default notice was paid within time frame

 

no other notices received,

 

then someone comes out telling me taking car away.

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can you try and explain that all again

I don't understand what you are saying

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

I don't get What you meant above,

 

yes I've had cars in past and had advice on here in regards to them but I have posted all agreements here to show everything.

 

The default notice was paid on time and since then a payment has been missed and a person tried to clamp car without notice etc.

 

I just don't know what you want me to explain

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Well if this were me I'd gladly let the repo take them to the cleaners and put your payments toward the lump sum you get out of 'em for unlawful repo

 

If they were so sure they'd not offer a compromise

 

My major reason being the 50% int rAte

 

so post 60 refers then

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

think they might have realised their mistook

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 month later...
  • 1 month later...

Ive another thread about car finance with Specialist motor finance and they took the car on 31/10/2017, today i got an email saying i still owe £7679.96

 

Ive requested a break down of what that is, because im working out that it is not that much, on the last default notice says:

balance outstanding 14,234.24

less allowable rebate 5720.32

total amount to be paid 8513.92

 

when i work out the car sold in auction for 5642.00 and im under impression because on default notice it states we shall allow credit to the Balance outstanding

(i) for the statutory rebate calculated on the balance outstanding at the time of the actual payment by you and

(ii) if we have taken possession of the goods and sold them, for the amount equal to the net sale proceeds received by us after deduction of the costs of repossession and sale. (above amounts are on the default)

 

i must be miss understanding the information if so, i can not afford to pay them anything as we do not have anything!

 

the email says if i do not respond by 23/01 then they will start litigation process which will put my personal assets at risk with enforcement proceedings.

 

im trying to get through to national debt line to help but no luck so far.

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It is essential to get a SAR sent to the lenders

 

The comms log and account statement will confirm the position regarding the default notice

 

to see whether you have a case or not

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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  • 2 weeks later...

pop those into ONE multipage PDF please

read upload

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

But the SAR for the full comms log?

 

And the agreement to see what charges were listed in it?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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  • 2 years later...

A few years ago now I have another thread but can’t post in it sorry

 

car was repossessed and I’m still awaiting the SAR, today they updated my credit file and now 2 years of default on there and saying I owe just under £8000, I’ve contacted them again to sort the SAR but nothing they saying the complaint was closed in March and I owe the money. 
 

I was trying to move house and now this is on file it’s unlikely I will be approved any help on what I can do to get them to do the SAR please 

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Which thread.  Please provide a link to it

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open

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  • Andyorch changed the title to Specialist Motor Finance Ltd Car HP - Car Repossessed now chasing balance.
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