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    • Hi,   Someone who isn't me (SWIM) bought a parking ticket for a car park whilst on holiday paid the correct fee input their car reg went to the shops and then left in their vehicle within the required timeframe. The car park operates ANPR and a few weeks later SWIM received a PCN despite having followed all the rules of the car park. The parking company is saying that they have no record of a payment for SWIMs car. SWIM wrote to the parking company explaining that they paid and followed all the rules of the car park however the parking company replied with a standard template letter and are now adding more to their PCN and threatening court action. Unfortunately before receiving the PCN SWIMs partner threw the parking ticket away as part of cleaning out the car after the holiday.     The parking company has pictures of SWIMs car entering and leaving the car park but is saying that no number plate was entered into their machine. This is not correct the number plate was definitely inputted and the fee paid in cash. The car park is in a shocking state of disrepair and there have been several cases of the company issuing PCNs due to their own faulty equipment.     The parking company have taken people to court before and lost. However, the defendants in those cases had their tickets as proof of payment. If SWIM is taken to court their argument would be that the private parking company's (PPC) equipment must have been faulty and that the only evidence the PPC has is the car driving into and out of the carpark.  They have no real evidence of no payment. In fact CCTV footage would show a payment has been made, furthermore there were no other cars in the nearly derelict car park so if a payment was registered on the machine but not a number plate that would have to be SWIMs.    Dose SWIM no longer having a ticket ruin their chance of winning if this ends up in court? SWIM is prepared to take it to court if needed.   Are there any similar cases of people winning in court despite no longer having their parking ticket?   
    • Social services need to be given on training on how to provide direct payments! 
    • I have written to them to advise of income change and employment change .. they haven't even acknowledged the income change ..they just stated I have advised about how I'm paying cmi but not addressed how I'm paying the arrears ..I have a court order in palace to pay the cmi + 200 extra they know this . However they still threatening me with eviction . And demanding more income and expenditure so I will send that in to them and see where we go as they will probably demand more again .as the income is now higher . But they are only having the extra £200 as inline with the court order . Regards Markez  
    • do you not still have your ID card etc etc. if its whom I think it is and you are thinking of switching 'sides' shall we say .....you are not alone!!   dx
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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      • 0 replies
workaholic duck

Future Comms mobile contract

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It is clear on the evidence that you supplied above that they don't stand a snowflake's chance in hell of winning.

I can imagine that you would like to save yourself the trouble of having to go down to their court if there is a hearing. It would be nice for you to get your money, you have taught them a lesson, and to be certain that they know what will be coming the day after next payment date if they miss the payment.

I think that they can be certain that they shouldn't miss another payment. So that objective has been met.

Now it would be a good idea for you to try and get your money without any further hassle.

I would suggest that you write them a letter:

 

Quote

Dear Liam

As you know I've issued a claim against you for the money that you have failed to pay to me. As you also know, I have sent you a recurring letter of claim and you should understand by now that any further missed payment dates will mean that I will issue a claim against you and without any further notice. If you want to rack up court fees then that's up to you.

In the meantime, you seem to be saying that you have only agreed to pay me £100 termination fee and also only £18 cashback per month.

This clearly is complete nonsense and for your benefit I am enclosing to emails which I have received from your company – one from Megan and one from yourself – which I shall be producing to the court at the inevitable hearing. There is no doubt that when the judge sees this, you will find in my favour. In fact your denial of what we agreed is so outrageous that I should probably ask the judge to award me some litigant in person costs which are currently about £18 per hour.
I'm going to do you a favour. You can avoid these costs if you simply pay the value of my claim in its entirety including the claim fee. Once I have this money then I will withdraw the claim. Just to point out, that in addition to getting rid of this problem, you will also save yourself the hearing fee which will be awarded against you plus my reasonable cost of travel which will also be awarded against you. I suggest that you make a sensible business decision on this.

However, please note that my recurring letter of claim still stands and not only that, the claim which I have issued so far and all of this correspondence will be produced before a court if you play games with me again in future.

I'm fully aware that this is the way that you treat your customers but as far as I'm concerned it's at an end.

Over to you

Believe me

 

What I've written above may not be your style – but frankly I suggest that you send it as is.

I can't imagine he will be stupid enough not to pay you out – and this is his opportunity to avoid any further costs. I think that you have given them a good warning. Hopefully they will give you your money back and you can carry on with your life and hopefully they won't bother you again. However, don't waste a moment issuing another claim if you have to

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Did you put in a claim for interest?

What is likely to happen if they don't settle up immediately is that they will allow the time limits – as they see them – to arrive and then they will pay you out so that eventually the value of what you're claiming will be reduced. However, if you have claimed interest then that will continue to accrue on the unpaid portions.

However, by the time that the date for the hearing arrives, it is likely that they will only owe you the difference between their version of the termination fee – and your version of the termination fee – about £56.

However, you should stand your ground on every last penny because also you will want your claim fee. There is no reason why you should give ground on any of this and as I have already said, if there is a hearing then you will be required to pay hearing fee – but you will get it back. You will also be required to pay your reasonable cost of travel – but you will get those back as well.

If they decide to take it to a hearing then the whole thing will be a huge nuisance for you but at the end of the day I think you have to deliver the slap and you are doing very well – although it could have been done a bit more carefully.

At some point you will get directions questionnaire and one of the questions they will be which court should it be heard in. Please come to us so that we can help you answer these questions. Although in principle because you are two businesses, and they are the defendant, the claim should be heard in their local court – we will try to express your preference in a way which may persuade the court administration to transfer the case to your local court. That would certainly produce a lot of pressure on Future comms to settle the problem – if you haven't done so already because they absolutely won't want to have to go to the time and trouble of travelling to your local court – especially on a claim which will only be worth about £50 and which they have no chance of winning


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Like the sound and tone of the letter, thank you!

Looking at the part admission form I received I have to respond with what I want to do before 24th April.

The first option of 'I do not accept the defendant's part admission' seems most applicable. Shall I send the letter to FC on Monday and wait for a few days before returning the form? FC will likely not respond quickly! And we have Easter in between.

 

It does say on the form that they will decide which court, small claims or fast track etc. From Cornwall to Gosport is quite a trip!!! Either way it's costly. Let's hope they settle before going to court.

 

Yes, I did add interest fees to the claim. I do intend to claim every last penny.

 

A productive day, I'd say! Thank you for ALL your help and patience. Let's hope more people will be encouraged to act in the same way.

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Please could you post up the document that you are referring to which talks about the allocation of the claim.

You haven't answered my question about claiming interest.


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You still haven't answered my question about whether or not you claimed interest. I have to say that getting information and also documents out of you is a bit like pulling teeth.

Yes, indicate that you don't accept the part admission – box A. You have to return a copy of the form to the court and also send a copy to the defendant. I suggest that you send a copy to the defendant immediately together with the letter that I suggested above. That way there is no doubt. I suggest that you send it recorded delivery.

You will get a directions questionnaire in the next few weeks. Let us know when you receive it.

Would you like to tell us eventually whether or not you claimed interest


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Posted (edited)

 

Yes, I did add interest fees to the claim. I do intend to claim every last penny.  SEE POST 126!!!! Or about 3 posts back.

 

I know I provide a lot of reading material but I do try to answer every question you ask me!

Edited by workaholic duck

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I don't have a problem about the number of documents you are providing. What I find a bit difficult is having to ask for them almost one at a time.

Anyway, I think we've got enough now and as I have already suggested, if you complete the form and send a copy to the courts and also one to Future comms together with the letter that I suggested or an equivalent letter then there is nothing else to do until either you receive the money or else you receive the directions questionnaire.

I don't know if you have put a review on trust pilot – but if you have, you might want to go and edit it and say very briefly that you have now started a court claim and it has already produce some results. This might start to provoke a little more interest. Also you could put exactly the same message up on the Google review and there if you want you can tell them to come to this forum for help. If you put that message about us on the trust pilot review I expect it will be removed. If you put it on Google, it will stay there.


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At least being on here improves my computer skills!

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Update! Well, FC decided to defend my claim against them. I received the court papers to complete and return which I have duly done.

What their defence is I have no idea, it wasn't included. I did agree to a phone call mediation since I am so far away from Gosport, although I did fill in my local court as preference.

 

They did pay last month's cashback, so I suppose they think that's sufficient. But the early termination fee promised by 18th April still hasn't been paid (and that was put on the court form!). Now we are past 18th May and no cashback...….here we go again.....interesting to see how the courts respond. 

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Thanks for the update.

Unfortunately the usual rule is that the case should be heard in the defendant's local court. If you simply expressed a preference that a hearing should be in your own local court then the chances are that they will not agree.

We would have suggested a form of words which would have increased your chances of getting it heard in your own local court. I hope you won't mind me saying that I think in future if you have forms to fill in or anything else to prepare that you should let us know in advance to take our advice. If you go it alone then you won't necessarily do the best for yourself.

I notice on the Facebook group there are over 20 people now who are members and who are complaining that they haven't been paid. One person has apparently owed over £2500 and yet are not aware that he has actually sent them a letter of claim.

If you have any way of encouraging these people to start threatening and then bringing their legal actions, it would be probably helpful to all of them if you would do so by posting up on the Facebook group.

Once again, I'm frankly amazed at how so many people who apparently business people and therefore should be worrying about their balance sheets have been prepared to go along with all of these broken promises again and again and again and without taking any action and without getting anywhere.

I'm not surprised that future comms is continuing this business practice. They are probably amazed as well how they can get away with it.

Anyway, as I said, thanks for the update – but I suggest that you come to us first before taking any further action. It's completely free so there's no downside. Once we've given advice then you can disregard it if you want


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Well, I had every intention to but left it to the last minute and was anxious to get the form back in time. I doubt much will happen quickly - I am away 23rd May-10th June (stated on the form as unavailable between those dates).

 

The trouble with 'all us self-employed' is that we ARE looking at our balance sheets and keeping orders going out on time, paying bills, keeping stock levels up etc.... that when something like this comes along (FC con-men) it can take up a lot of precious time. It may seem to an outsider that we are being apathetic but it is only one part of many things to keep on top of. I am guilty of this myself. It IS tiresome! Them defending my claim frankly took me by surprise (but that's what they love to do!).

 

I suspect a lot of 'victims' have small businesses that are labour-intensive and these are the very people who have little time to deal with businesses who are out to con us. So, from that point, CAG is wonderful in that it helps enormously with these burdens. From FC's point of view we are easy prey.

 

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as you are suing a business it will be heard at your local court, not theirs. If you lose they will claim a fortune in travel costs etc but they will get nothing fortheir rep's time as they ahve to pay people anyway

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