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    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – who were the owners of the house. This was in 1999. We talking about 20 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the story you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I wouldn't supply this to their solicitor but if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me but we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
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Mr.B

KBT/Armtrac/TNC windscreen PCN - Car park Copper Terrace/Prospect Place, Hayle, Cornwall

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Hi

My wife received a ticket from Armtrac in Cornwall 1/18.

 

We waited the 56 days for NTK which did not arrive.

 

On Friday 10/8/18 my wife received text from TNC (don't know how they got number) requesting payment.

 

We checked with DVLA to see if Armtrac/TNC had requested Keeper details but it appears my wife forgot to update DVLA of a change of address in 11/17, so NTK could have been sent to old address.

 

My wife received another text this morning to contact TNC to pay or the matter will be escalated.

Not sure what to do now.

 

Many thanks for any advice.

Edited by dx100uk
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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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Welcome to the Forum. Did either of you ring or text Armtrack at all so they could lift your phone number? Please block them for contacting you this way and block any other company working with Amtrack [eg debt collectors and solicitors] who contact you by text. Could you please also write to them demanding that all correspondence is by letter only and advise them of your current address-this will prevent them from getting a CCJ using your old address. At the same time tell them that you haven't received the NTK so it would help you to pay them if you could have a copy. [You're not going to pay but if they think that you will pay they may send a copy.] Please ensure when you write that you do not divulge who was driving. At the moment all they know is the name of the keeper who may not be the driver and the keeper can be protected by the Protection of Freedom Act.

 

To help us give the best advice could you please complete the following-

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(3-Viewing)-nbsp

 

After that could you please post up a copy of your NTK so we can see if it does offer a contract. Following that could you take photographs of all the signs in the car park and their positions within the car park as well as a photo of the ticket machine if there is one.

 

In order for you to be liable to pay these speculative invoices parking companies have to get a number of things right. They never seem to manage it so there is no reason to pay their ridiculous charges. So what we are looking to do is find out where Armtrack has gone wrong to avoid paying them. It would help you feel more relaxed about the situation if you read some of the other threads in this section especially those who were being pursued by Armtrack. Whichever you look at the result will be either the parking company back down or they just give up and try it on with some other motorist.

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Hi dx100uk

Sorry, I'm not sure what it is you are asking me to complete.

 

Following BPA advice we did nothing with the parking notice except wait for the 56 days to expire and see if we received an NTK.

 

As explained we did not receive the NTK possibly because it went to an old address which we no longer live at.

We were just wondering if it is safe to ignore TNC legal's texts requesting payment.

 

We do not believe either Armtrac or TNC have our current address, although they appear to have got hold of my wife's mobile number from somewhere.

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Texts mean nothing. For all they know, the number could be discontinued.

 

You need to find out where the NTK went, and if it was even sent.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi Mr. B dx100uk has beaten me to replying so please ignore filling out the questionnaire on my post and complete his.

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Hi lookinforinfo

 

Many thanks for responding in such detail.

 

My wife may have called them at the time.

I know she telephoned the Police who advised her to pay the charge, so she might have phoned Arntrac straight after that.

 

She has just attempted to block TNC on her mobile but is unable to do so.

I will write to TNC as you suggest, as the last thing we need is a CCJ at our old address.

 

When we receive the NTK we will, of course, post it for you to have a look at.

We took photographs of the site.

 

I went down to the area in question with my wife immediately after she had the ticket in January 2018 and the sign about parking is pretty well hidden amongst similar size and coloured signage on a wall of a shop building.

 

We will post the pictures along with the NTK when we receive it.

There was and still is no ticket machine at the site.

 

As I said in my original posting, we have done nothing with this except wait for the 56 days to expire and when we received no NTK we thought it wasn't going to be pursued.

 

Sorry, but I can't see how to complete the details on the link you have included.

I have read many of the threads and those on other forums.

 

I think what is throwing us is that we failed to let the DVLA know of our change of address and therefore we do not know if TNC has issued a NTK.

 

If I knew for certain that they hadn't, I wouldn't be worried as obviously they would have failed that part of the process.

 

Hi renegadeimp

Thanks for responding.

We have contacted the DVLA again today as they did not advise us on Friday if they have been approached by Armtrac/TNC for details.

We are awaiting their next response.

 

In the meantime, I am going to write to Armtrac/TNC as per lookinfoinfo's helpful advice to get confirmations from them (if they can) as to whether and where the NTK was sent.

 

Current charge according to TNC is now £170 - £100 original charge, plus £70 for all, the hard work they have put in!

Edited by dx100uk
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click this link

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(3-Viewing)-nbsp

 

copy and paste the post to your thread here in a new msg box

and answer each question please.

 

you need in some form or another to WRITE to Amtrac/TNC and make sure they know your correct address

else they will try a backdoor CCJ and you wont know about it.

 

dx


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Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Hi dx

 

 

Have done as you suggest and completed, copied and pasted the questionnaire onto the thread. Hopefully, its there! Letter will be on its way to Armtrac and TNC tomorrow. Will post a redacted copy of that to the post too. Thanks for all your help today.

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Where?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Interesting that all the crooked parking companies seem to think it is ok to add £60 and upwards to their unpaid invoices despite claiming to adhere to their organisation's Code of Conduct.

Both of those Associations claim that they agree with the OFT on debt collection which states quite clearly that they accept the OFT rulings even though it is no longer in business.

 

The Police are getting worse. Understandable perhaps that they mostly tend to support bailiffs because they do bring in money that helps pay Police salaries but to advise people to pay these

thieving parking companies is a serious error.

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Hi dx

For some reason my reply to your last message hasn't posted. I pasted the completed questionnaire into that for you to see - details of the car park in question and dates etc. Don't know where it has gone. Will try again tomorrow.

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Interesting that all the crooked parking companies seem to think it is ok to add £60 and upwards to their unpaid invoices despite claiming to adhere to their organisation's Code of Conduct.

Both of those Associations claim that they agree with the OFT on debt collection which states quite clearly that they accept the OFT rulings even though it is no longer in business.

 

The Police are getting worse. Understandable perhaps that they mostly tend to support bailiffs because they do bring in money that helps pay Police salaries but to advise people to pay these

thieving parking companies is a serious error.

 

No. They help bailiffs because the majority of the police are not trained in that area.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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No, they help bailiffs because they can produce a warrant of execution from the Court, COMMANDING them to carry out whatever action is stated! Wherever did you get the idea that there is a financial incentive to assist them. Doh!:der:

 

As far as advising over the telephone, firstly we do not know what questions were asked to elicite such a response, niether do we know if it was a police officer rather than a civilian operator. Having said that, I agree that the niceties of contract law are often lost on them as it is a lesser priority in their training.


My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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my advice is to ignore the monkey and write to the organ grindeer and tell them in no uncertian terms that their signage is too cr@p to form a contract and to do their worst.

 

 

TNC are rentathreats and have no say in anything so dotn waste your time on them.

 

 

Now, knowing what the siganeg says and seeing the loaction of the signs will help us enormously to help you. there are usually planty of things that are wrong with these unilateral contract offers to destroy any claim they make so they rely on lies and bullying to get you to pay.

Edited by honeybee13
Paras

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No, they help bailiffs because they can produce a warrant of execution from the Court, COMMANDING them to carry out whatever action is stated! Wherever did you get the idea that there is a financial incentive to assist them. Doh!:der:

 

As far as advising over the telephone, firstly we do not know what questions were asked to elicite such a response, niether do we know if it was a police officer rather than a civilian operator. Having said that, I agree that the niceties of contract law are often lost on them as it is a lesser priority in their training.

 

My apologies to the OP for sidetracking his thread.

 

The Police do not only carry out the commands on the warrant they go well beyond it at times as you would see if you looked at some of the bailiff threads. The Police sometimes advise the alleged debtors to let the bailiff in to the property which is generally the worst advice they could give. And that is one of the many instances where the Police give the wrong advice when they know insufficient knowledge on bailiff law which by your own admission is a lesser priority for them.[And yes I know that they are now called EAs but leopards do not change their spots].

 

Where did I get the bit about the financial incentive? Don't you ever read Police forums? There they often refer to the people that are being pursued by bailiffs as scrotes. They appear to think that bailiffs are on the same side as they are and collecting money for the Public purse- eg Police salaries.

 

And it matters not who answers the phone-a Police officer or a civilian, as far as the person on the other end of the line it is the Police who give the advice and they do not often the necessary information to give that kind of advice. You should surely acknowledge my last point since the information to pay the speculative invoice was

completely wrong and should not have been proffered whoever said it.

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I should have been clearer, The baliffs have the warrant, the police attend merely to prevent a breach of the peace!

 

You seem to be generalizing about the activities of the police without giving any specifics.

 

Your third paragraph is just plain bigotry (they appear to think that balliffs(sic) are on the same side as they are and collecting money for the Public purse - eg Police salaries

 

Final paragraph, we do not know what questions were asked to elicit the posted answeres ( as I mentioned in my previous reply). I agree that the caller expects to receive correct advice, but to castigate all police for a possible error from an unknown officer/civilian just shows your anti-police attitude. It is even possible that the impression given to the call handler was that it was a council PCN, the op is only quoting his wife's response of January 2018 so hardly 'evidence' of what was said.


My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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I do not have an anti Police attitude. One of my Uncle's son was in the SPG before becoming a Weapons Training Instructor: I went to a Policeman's wedding [an old school friend];I used to go drinking with an Inspector from Hendon etc etc. But that doesn't mean that I cannot criticize the Police when they are at fault does it?

 

I am surprised that a Police Officer of all people appears not to have read part of my post clearly. I said that I had been looking at several Police Forums and picked up on the fact that they sometimes referred to alleged debtors as being "scrotes" [which didn't elicit a comment from you which I took to mean that you were aware of that ]. I then repeated something else said on a Police Forum which was that the Police seem to think that bailiffs [spelt correctly as on most occasions] are at one with them because they collect money for the Public Purse or similar expression and it was from there they thought Police got their pay from. I am not sure therefore why reporting something to back up a statement I had already made makes me the bigot.

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lookingforinfo - I have no intention of a 'tit for tat' exchange, but you have made assumptions that are erroneous.

 

I did read all of your post.

 

I did not respond to your para 3 concerning ' Don't you ever read Police forums?' which according to you speaks derogaratively of debtors, because a) I do not read such fora. b) you gave no link or citation for such entries.

 

You cannot assume from my non response that I was aware of such anonymous entries, (you start to sound like ericsbrother's 'worlds most superior solicitors')

 

You repeat some unknown poster about police assisting bailiffs because it pays their salaries, when patently that assertion is incorrect. Your opinion is that this is correct, against the opinion of any person having an understanding of the laws regarding to debt. You do not accept any other opinion on that so yes you display bigotry.

 

We only have your word that you are not anti police, nice list of positive relations by the way, but your attitude in this thread speaks otherwise.

 

This is my last word on this thread, so if you wish to get in the last word, 'fill yer boots' as the scrotes would say.


My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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When people observe englishmen abroad they think the whole country is populated by such people and I would say the same applies here.

 

The ACPO as a private members club has no authority to do or say anything but Home Secretaries listen to them, they act in their own self interest and create money making wheezes that are not part of the legal procedure but are then rolled out nationwide and all forces are then viewed and judged accordingly.

 

Seniors have made decisions in the past that suit their purpose and feather the nest of the ACPO as a trading company and they get the poor plod to enforce their utterances even though there is no legal basis to do so.

 

Ask any Registered Firearms Dealer whether their constabulary apply the letter of the law to their business or whether they implement the made up ACPO guidelines that have no legal support. It would be a brave copper that decided to ignore such words from on high and likewise a RFD to say no to the latest demand.

 

It is easy to form an opinion about someone and fall out over nothing when writing in a forum such as this becasue you cant see each other's faces and gestures and there are characteristics that tell us more than just words ever will. That is why people appear to be credible witneses or not, very little to do with their actual statements so taking someone's word for something or not is a hard decision to get right when you cant actually see them.

 

I would suggest that the diversion from the original purpose of the thread may leave the OP a little intimidated to come back but I hope that they do and all contributors will carry on offering advice and not take comments personally when aimed generally or when using an example to read it as though it is universal.

Edited by dx100uk
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Hi everyone.

 

We wrote to KBT Cornwall (Armtrac) and a copy went to TNC on 13th August advising them that we did not want to receive any further texts from TNC and that we would only deal direct with KBT Cornwall. We did not advise them of driver or keeper details.

 

Today my wife received a letter from TNC, despite telling them that we would not enter into correspondence with them, only KBT. They refer in the letter received today to a previous letter dated 30/7/18. This letter, like others, may have gone to our old address. We, therefore, do not know what it said.

 

TNC has demanded payment today, directly to them or they will seek approval from their client (whom I am assuming is still KBT Cornwall/Armtrac) to pass the account to a Doorstep Collection Agent.

 

The letter goes on to state that their client has acted with all due regard for the legal principles involved in such matters. Should we write back and request copies of previous correspondence that might have gone to our old address - for all we know the letter of 30/7/18 might have been related to a court judgement, although I somehow doubt this as surely TNC would have had to mention this in this latest letter?

 

Should we just ignore and sit tight?

Many thanks again for any advice.

Edited by dx100uk
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They know your correct address

So cant be any court stuff yet

 

Yes id ignore them

 

Until/unless you get aletter of claim


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Many thanks dx for your response. The fact that this extortion is remotely legal beggars belief.

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ofcourse it 'legal'

in as far as anyone can take anyone to court...


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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