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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
        • Like
      • 0 replies
tonycee

Lowells / Vodafone

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A bit of advice please. 

I took out a mobile broadband contract with Vodafone through Currys PC World approx. 14 months ago.

I took out the agreement on the understanding that, like other providers i had used, I would not be allowed to go over the agreement data usage limited without authority.

 

After about 3 weeks of usage they blocked my account and tried to charge me about £200 for over limit data usage at £26 per gig. 

 

I have asked Lowells, who have bought the disputed debt, I never heard back from Vodafone about my complaint,  for a copy of the signed agreement that shows the cost of the hidden charges. I would never have signed up if I had known the cost.

 

Lowells say they don't have to provide anything and are going to resume pursuit of this debt.

 

I have no fear of these people.

 

I guess my question is, do they have the right to pursue a debt without proving the debt exists.

 

Thanks in advance for any advice.

 


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I Wish you everything you wish yourself.

 

.

 

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

 

 

 

 

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Hmmm yes they can pursue but its your choice whether you wish to reciprocate or ignore them....have you retained documentation to confirm this dispute with VF ?

 

Andy


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Hi Andy.

Yes. If years of being on here has taught me one thing, its to keep the evidence...LOL...

 

On trading standards advice, I downloaded their complaints form and sent a copy to Vodafone, and hand delivered a copy to Currys, where I took out the agreement.

I don't have a problem with pursuit / defence, that's what they do. I have 2 problems.

1. If you got your new car home from the showroom and a month later they sent you a hidden mileage charge, would you accept it?

2. How can anybody claim a debt if they cant prove it ? 


.

 

 

 

I Wish you everything you wish yourself.

 

.

 

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

 

 

 

 

[sIGPIC][/sIGPIC]

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As you probably know Mobile Accounts are service agreements and not regulated by the CCA1974.......so your going to struggle to get hold of any agreement if there is an agreement because normally the account is activated on insertion of the sim and use...so you accept their T&Cs and form the agreement simply by using the service.

 

As for proof....should Lowell decide to litigate and issue a claim form they would rely on the usual  copies of statements etc and the balance of probabilities argument...but given that you have retained proof of the dispute your well armed with a defence should this happen.

 

I personally would not engage and simply file all their  usual waffle until such time you receive a Pre Action Protocol letter or letter before action...then you can put them to strict proof..but in reality you shouldn't need to if you have a genuine dispute unresolved by VF.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Thanks Andy. Your a star.

They keep asking for a copy and all the terms of my complaint with Vodafone. I keep telling them I will swap it for a copy of the agreement. It falls on deaf ears though, and we go back to square one.

One thing I struggle with is, if I don't get a copy of the terms and conditions prior to the sim card being inserted by the providing sales rep, how can I know that there are hidden charges even if I specifically stated I wanted to know the terms and charges, before purchasing.

I assumed there were trading standard conditions and comsumer rights to protect me from this sort of thing.

 

Thanks again.


.

 

 

 

I Wish you everything you wish yourself.

 

.

 

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

 

 

 

 

[sIGPIC][/sIGPIC]

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How did you enter into this agreement ...online by phone or branch ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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I walked into my local Currys PC World store.

I was in between health issues, moving house, and had no other form of Internet,

I made it absolutely, categorically clear that I must not be allowed to go over the agreed limit as I was off sick and on benefits. I know this is an option as I have had it with other providers. I was reassured that I would receive a screenshot as I approached my limit, and be offered the chance to purchase more data.

This did not happen, and in approx. 3 days they want to charge me approx. £200 for excess data usage.

I will fight this tooth and nail, but need to be sure of my rights. Trading standards say I have a case on the basis of being mis sold, but they are not as helpful as you guys on here.   


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I Wish you everything you wish yourself.

 

.

 

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

 

 

 

 

[sIGPIC][/sIGPIC]

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