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    • Update further reply:    The Pitman centres are all franchise businesses so individually owned businesses, any refund would need to be sought from the centre that you paid the money to.   Of course we are sorry to hear about your personal circumstances, howeve, you have purchased the diploma three years ago, generally students complete the diploma within 12 months. You haven’t said which centre you purchased the diploma from but I would  say after 3 years  I would tend to agree with the centre in that you would not be entitled to a refund.   Anyone able to help?
    • Lowell has written to me concerning this debt on the 23rd of Jan 2020. letter states: We have noted the contents of your letter and we understand that you have no knowledge of this account. We are able to offer the following information regarding the account. • Agreement start date: 19/06/2014 • Application address: Flat 4, 3 Kempsford Gardens • Tariff Description: Phone BB Hardware • Disconnect Reason: Cessation by BT • Original Creditor: BT Retail Consumer • Mobile Number:02078351401 ( this is a landline ) • Client last payment date: 16/12/2014 • Client last payment value: 86.16 this is not £499.00 • Default date: 27/08/2015, this doesn't square with last pay date. • Airtime Debt Value:257.94 • Early Terminate Fee:241.99, can they charge this? • Billing Date:27/03/15 LOW105_230120 497503_ MACHINE \ 116\247 \ lof2 \ Airtime Debt is for the services used and the Early Termination Fee is calculated to reflect the remaining months of your contract which remain unpaid from the date of your account closure. We have requested from BT PLC a copy of the statements for the account to help clarify this matter for you. We will write to you further once we have received this documentation and in the meantime your account is on hold.   I obtain the SAR. it is attached: this is all they hold. 1. Can you explain the implications of the response  and the SAR as far as Lowell being able to collect the debt?   2. I responded to Lowell with this letter: Lowell Financial Ltd. 4875 Dear Sir: I write to you in response to your letter of 23 January 2020. Insofar that a relationship may have existed between myself and BT I cannot recall this account (Agreement) and request that you supply me with a copy of the Account/Agreement and other documents listed in the bullet points of your response. I  deny any breach  of the purported agreement. You have failed to supply me with a copy of the agreement requested . I have never received any evidence that you are the legal owner of the debt, by assignment, sale and purchase agreement or otherwise. I have never received and am unaware of any legal notice of assignment or Notice of Assignment pursuant to Law and property Act 1925 Section 136(1). This document is not referenced in your response. I deny that I have failed  to maintain the required payments to BT. It is denied that I have failed to respond to demands for payment sent by you and/or its agents. Lowell is put to strict proof that any such demands have been sent to me by you. a). Lowell appears to  admit it is the assignee of a debt, it is denied that the Lowell has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act 1925.  b). It is further denied any funds are due Lowell  because the Lowell appears to have sold this debt to another firm in 2019.  Lowell must therefore show how it has legal right, either under statue or equity to collect this sum from me. I  deny owing any money to Lowell  and you are required to produce evidence to support your claims that this sum is in default, due and owning this includes: a. Show how the I  entered into an Agreement. b. Show how I  have reached the amount claimed for. c. Show that I  failed to maintain the required payments and the service was terminated as claimed. d. Show that the statute of limitations on this alleged debt has not passed. 7. As per Civil Procedure Rule 16.5(4) it is expected that Lowell must  prove the allegations that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed in its response letter.  8. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to consider the fact that the provider no longer has to provide and pay for their service.  You state that the balance due includes £241.99. You must remove this from any collection efforts, and I dispute that this and all other balances are owed by me. 9. Show that I was residing at Flat 4 3 Kempsford Gardens on the alleged defaulted date of 27/08/2015 or any other date after 16/12/2014.  Alternatively remove any debt you allege is owed  because back billing and billing for unused services is not allowed. 10. Please explain Lowell reporting to the credit bureaus that the debt outstanding to BT is £674. The account number concerning 3 Kempsford Gardens Flat 4 which I hold is another account number which is BT xx7 start date is 15/07.2013. 11. The account number you claim is owed to you is an original account number BT xxx 07. You claim the start date on this account is 19/06/2014. Please explain the discrepancy between these two accounts including ownership of both accounts, and why there are two accounts you allege for the same address with different dates. Alternatively, if you have no explanation: You must cease and desist from collection activity including reporting to the credit bureaus, pre claim letters and any other forms of collection activity with immediate effect. Please write to me confirming that you will take no further action. Failing this I will file a counterclaim and ask the court for costs. Kind Regards      I received the email below last night: "I can see that we also hold the following account details for you:   Account Number Original Client Original Client Reference Current Balance XXX192 Orange xxx321 £285.91 XXX875 BT PLC xxx207 £499.93   I can see that the above BT PLC account is currently on hold, as we are requesting information from BT PLC directly.   1. how long does BT have to respond? the date of Lowell letter was 23rd of Jan. 2. if BT doesn't respond within that time frame, what can I do to get the account removed from the Credit reports? . 3. how can I get Lowell to stop collection if BT doesn't respond? what is also interesting is I have a letter from Lowell for the orange account and also a BT account, but the balance is £199.11 and the account number ends in 192. There are too many account numbers with different balances for the same address. any suggestions how I address this with Lowell?   Lowell writes:   "The period for recovering your Orange account by court action has expired. We will not be issuing court proceedings to enforce payment. However, your debt still exists and legally we are within our rights to continue to ask you for repayment. With this being said, this account does not look to have a payment arrangement set up as of yet. How would you like to proceed with this account going forward? If you can let us know then we can look to assist you further".   If the time has expired to collect a debt from orange, how do they have a right to collect? seems the SOL runs for both. how should I respond?   In the meantime, I have placed your Vodafone and Orange accounts on hold for the next 30 days to give you time to get back to us.   Can you give me some suggestions on how I unravel this and respond? Thank you.  SAR_BT.pdf
    • Hello and welcome to CAG.   Could you tell us what your contract says about overtime please? It will help us to advise you.   HB
    • Hi there,   I've been on a on call rota for some years now which as been a 1 in 3 weeks and been paid a weekly allowance for this service and overtime paid extra should I be called out. My employer now wants to change this to a 1 in 4 weeks which now leaves me out of pocket just for the on call payments a year.   Do I have an argument that i am effectively been force to take a pay cut and that i should be compensaited accordingly ?   thanks in advance for any advise.   Fred.      
    • hi again     the original supplier was AO but was out of warranty with them so hotpoint took it up.    the oven was replaced around January time, with us notifying them we was not happy fairly shortly after delivery.  hotpoint said the exact same model, which was delivered HUD61PS - but is only the same on model number. (Which I think is naughty as they changed a major function)       
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Asma2019

Bluebadge confiscated!

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Hello.

I have a question.

I have been sent an interview under caution regarding bluebadge misuse.

I parked in a disabled bay and my son was not with me at the time as he was ill

I went to collect medications for him as well I dropped my nephews who were attending local tuition classes so my sister could look after my unwell disabled son.

At the time the badge was not displayed however I was in the car parked in the disabled bay.

Parking officer approached me and asked me whether i had a bluebadge.

I said yes and he asked me if he could have a look at it.

I gave the badge with confidence.

He said who's badge is it and told him that it was for my son and I'm the named driver on this car.

He said that he will confiscate as I was misusing it.

I argued and thought I was right to say that how can my 7yr old son drive the car by himself?

The officer said that my son had to be with me at the time of use. 

Long story short.

I have recently moved home and my previous area that I lived, it was uncontrolled zone and all amenities including shops schools etc were nearby. So I'm not used to use the badge most of the time unless my son got hospital appointments. My driving was very limited. 


To be honest I was in shock this morning as I received a letter saying that I need to attend an interview under caution.

I feel like I committed a crime.

I have never gave the badge to anyone else and never knew I couldn't use it when my son is not with me. 


What advice would you give me?

Will I be sent to prison?

Will i be taken to court?

I'm in total shock as I have never encountered with any convictions before and now I feel like I'm the most wanted one.


Plz any advice.....I would appreciate.
TIA.

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I've moved you thread to a more appropriate forum.

no you won't end up in prison.!!

it was for the benefit of your son.

you have a copy of the prescription, that should do.


please don't hit Quote...just type we know what we said earlier..

 

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Hi

You need to to have a good read of the Blue Badge Scheme:

The Blue Badge scheme: rights and responsibilities in England

The Blue Badge scheme: rights and responsibilities in England

Question? was the vehicle used by any chance a Motability Vehicle


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Yes it is a motability  vehicle & I'm the named driver. That day I made shopping and also got calpol for him over the counter as my son was unwell and gets hayfever very easily.

The issue with  me is that I didn't read the booklet that came with the badge since a relative opened when it arrived. As I was in a abusive relationship in which (thank God) I now have nonmolestation order in place.

I argued and thought I was right to say that how can my 7yr old son drive a car!
 After some research I noticed that the officer was right. I was honest but now know my ignorance and learned my lesson. If I was cheating I would have made story up but I was confident enough to argue thinking I was right😊and the car & badge were linked so that they could check, but now I know they are two completely different things.

 

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Hi

This is why I asked if it was a Motability Vehicle.

What you need to remember is that the Motability Scheme Rights & Responsibilities are completely separate from the Blue Badge Scheme Rights & Responsibilities.

Using the Car as you did you were correct for the Motability Scheme side but as the enforcement officer wasn't not on about the Motability Vehicle but the Blue Badge this is where it changed as the Blue Badge Rules are different.

Have a good read of the links I provided about the Blue Badge


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Thanks for your reply. Do you think they will prosecute me for not knowing what I was doing was wrong? If so, will they ask me for a heavy fine or will they revoke the BB? Should I get a lawyer?

I'm worried really.😢

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All no.


please don't hit Quote...just type we know what we said earlier..

 

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I would avoid telling them that you didn't know.

Do you really think they would accept that you, a non disabled person, believed that you were entitled to park in a disabled spot just because you have a blue badge?

Considering that you know that the blue badge holder is your son, makes the all story very non believable. 

I suggest you go there, apologise profusely and hope they have mercy.

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Were you actually displaying/using the badge at the time you were asked for it or was not on display?

The way I read your post is that,  it was not on display, as such I would question the legality of the confiscation, because if you were not displaying and were parked in a disabled without displaying it then you have not misused it. If it was a council car park you would just have to pay the fine for parking in a disabled bay without displaying a blue badge.

The parking officer asked if you had a blue badge, not if you were using one, their is a difference and that  would be the defence I would use. "I had parked illegally and was asked if I had a blue badge and I said yes, officer asked to see to it and I showed it him, I wasn't actually using it at the time, nor had I displayed it when I parked up, as such I have not misused it, I just parked incorrectly. The officer did not ask me if I it was displayed just if I had one."

Edited by tomtom256

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