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    • I'd appreciate a bit more advice on this complaint. After the non budge phone call they've actually emailed me this morning which I've copied below.  I have now complained to the fos but haven't heard anything from them yet. Should I respo d now to this email, and if so what should I write? Or just leave it now to the ombudsman?  Thanks again   Good afternoon   Further to your recent email, I have reviewed your comments about why you didn’t complain about your loans until now, and I need some more information from you. Please be aware that without speaking with you I may not have enough information to come to a conclusion as to whether or not the 3 year exception applies to your circumstances.   Please can you provide more information to help us understand what led you to make your complaint. Was there anything specific that triggered you to make your complaint? Please provide as much information as you can.
    • Considering the wear was on the inside tyre wall and not having a ramp or lift in my back pocket I unfortunately did not want to crawl under a car in a showroom. By the way no tyre kicker here, I did my research on the car I wanted and price I wanted to pay, found a dealer with good customer feedback and took the car for a test drive. All I did wrong was trust a car dealership and as you say maybe if they valued a customer they would offer to pay for the tyres, but I suppose we can put dealerships in the same boat as estate agents....blunt truth!
    • Vast improvement...couldn't have drafted it better myself     just requires a few tweaks and a little polish and a good conclusion which I will draft for you in the next couple of days.   Regards   Andy
    • just a quick update on my witness statement. all advice appreciated   In The *******County Court   Claim No. *********    ************** Claimant and *************** Defendant     I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.   1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.     2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchase’s debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   3. I accept I have in the past had financial dealings with HSBC. That being a Loan Agreement and a Current Account with overdraft facility, neither of which had a credit limit to the value the claimant purports to be allegedly outstanding. I do not recall the precise details of the agreements but do recall it was on or about the year 1998.   4. I had been paying regular monthly payments via a debt management company (************) up until xx/xx/2017, I ceased payments once I realised that I was being charged a fee to use they services.   5. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   6. I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request and a request pursuant to sec 61 B of the CCA1974 for the amalgamated alleged amount.   (EXHIBIT 1)   7. A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent 27/11/2018 via Royal Mail signed for and shows as received 29/11/2018. A Request for the following documents was made:   ·         The Demand/Termination Notice (Notice served under section 76(1) and 98(1) of the CCA 1974. ·         Notices of sums in arrears under running account credit CCA 2006 sec 86C.  ·         Notice of assignment  ·         A statement of account   (EXHIBIT 1A)   The documents that were finally received do not meet the criteria set out in section 61 B of the CCA 1974 To date No Demand/Termination Notice has ever been produced, no Notices of Sums in arrears has ever been produced. The notice of assignment does not appear to be an original, but a reconstruction of the original and no original has ever been received, the statement of account appears to be a generic copy and only start from 2007.   (EXHIBIT 2)   8. A Section 77 request was sent on 27/11/2018 via royal mail signed for and shows as received 28/11/2018. The claimant to date has failed to comply to my Section 77 request.   (EXHIBIT 2A)   The Claimant acknowledged by letter dated 13/12/2017 they were unable to supply a copy of the Credit agreement and have acknowledged that they are unable to enforce litigation action.   9.The defendant claims to have issued a Default Notice, and failed to mention a date that this was issued. I would like to point out that the claimant could not have possibly issued a Default Notice as they only bought the debt in xx/xx/2016 and as far as I can recall any breach with the original creditor would have been on or around 2009. The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (EXHIBIT C)   I sought clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on 27/11/2018 and shows as received signed for 28/11/2018.The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   10. This claim bought by the claimant is without merit and an abuse of court  process.   The claimant holds no valid documentation that can substantiate their claim this being:-   ·         No Termination Notice ·         No Credit agreement and acknowledge they cannot supply one, and acknowledge that they are unable to enforce. ·         No valid default Notice ·         A Reconstituted Notice of assignment   It would be far gracious and forthright for the claimant to admit that all the paperwork is a collection of copy and pastes in an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.       11. I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce.   Having regard to the above it is respectfully requested that the claimants application is denied.     I believe that the that the facts stated in the witness state are true   Signed........   Dated.......      
    • Yes Ron, I did know that in the MOT it said near the limit and yes I was going to replace but........as I keep saying the garage that did the service said there was no way that in 2 weeks and 2 days to be precise and not being driven for around 90 miles could they possible so far under the legal limit. When you buy a car and keep it in good mechanical order yes you know that bills are “imminent” but not when it should have been picked up by the dealership if they had done all the checks that they said they did.
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    • My personal experiences of Future Comms 
       
      Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!
      • 0 replies
    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
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    • 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
Hopgarden

ECP ANPR PCN - Overstay - Esso meads Purfleet

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My husband received a parking charge notice through the post stating he had overstayed the Free period in the car park which appears to be within the grounds of esso meads service station at purfleet and it advised he has to pay £100 within 28 days, reduced to 60 if paid within 14 days.

 

Firstly he never even knew that you had to pay to park in a service station car park, he never saw any signs

after receiving this charge notice he went back there to see if he could see any signs

all he could see was 1 sign saying you needed to pay by phone.

 

He has been using this petrol station for years filling up his tank and has never noticed any signs, 

on this occasion he was there just over an hour. 

He often gets his car washed there.

 

We feel this is unfair as we feel there is insufficient signage telling people of this parking charge.

 

Do you think we should appeal this?

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in short, no.

Reason for saying this is that until you have acquainted yourselves with the ins and outs of private parking matters anything you say in a hurry now will come back to bite you later so hold off doing anything and start to read up on the subject.

 

There are several posts on this site here so do a word search and have a look at them specifically.

 

what was hubby doing there for an hour? this may be relevant.

he should also get some photographs of the signage there as well,

decent pictures of anything that is visible and

also some pictures to show context

 

so if a sign is hidden behind a pillar when you drive in

a picture of it from that perspecive to show that it couldnt be expected to be read by the average motorist as they entered the land so not applicable or enforceable.

 

the bad news is all parking co's only make money by inventing petty reasosn to "fine" you a large sum of money so they have an incentive to argue the toss about everything, howver reasonable your arguments.

 

Broken down?

well you knew that you should have fixed the car before you set off.

Stolen vehicle? y

our fault for not hiding it. etc etc.

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When EB said not to appeal he did not mean that you should pay.

 

In fact I don't think that we have ever advised a motorist or the keeper to pay as these parking companies find it impossible to adhere to the Law so why should anyone them.

 

If you would kindly fill out the questionnaire below we can start to find out all the reasons why the ticket does not need to be paid.

 

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There are very few palces where the parking co have the right permissions and word their signs in an unambiguous and clear manner.

PE are more likely to get it right than most of the others but they are also usually too lazy to get the planning consent unless pushed by the thought of losing  money at court.

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Thank you, I had to drive to the service station to get the pics needed also I have answered the questions below, I hope this is right? I am having trouble uploading the pics but will eep trying

 

For PCN's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement - 15/4/19

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 25/4/19

 

3 Date received - 30/4/19

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] - Y

 

5 Is there any photographic evidence of the event? - 2 photos of the reg no. plate only... on entry and then again on exit

 

6 Have you appealed? [Y/N?] post up your appeal] - N

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company? - Euro car parks

 

8. Where exactly [carpark name and town] - MFG - Esso Meads - Purfleet - ESSEX

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I have attached 4 pics in all on 2 pdfs

consisting of 2 pictures of different angles of the view you have upon entering the service station, one is a close up of the 1st signage after entering which is located approx 50ft from the roadside on the right hand side and a picture of the main shop building showing 2 signs located on each end of the building but none by the door in the centre of the building which is where you enter. Esso meads pics1.pdfEsso Meads pics.pdf

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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

Reclaim mis-sold PPI Read Here

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The CAG Interest Tutorial Read Here

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so armed with some other information you can tell ECP where to go when they write to you again. We will help you with that whent eh time comes but for the moment let things be

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Hi all,

Great news, I complained to the operater of that site, which is not esso but another company called motor fuel group.

I spoke to a lady on the phone explaining the situation and she asked me to scan and email the pcn to her. I have just received a reply from her saying they have agreed to cancel on this occasion. But  in future and to tell the staff our reg no. so they can exempt us from getting a fine if we overstay the time limit.

So great new. Thank you all for your help. 

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fine?

where does it say that?

so they are going to contact ECP then?


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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Yes she actually said "I can confirm that Motor fuel group have an agreement in place with a parking contractor Euro Car Parks. This agreement is enforced in multiple sites within our network where a number of significant contributing factors have required additional steps to support us in maintaining a safe and accessible forecourt to all of our customers. On this occasion we have cancelled the PCN, however we do advise that when using facilities, please make staff aware so they are able to exempt you from receiving a fine. There are signs stating if you are using the facilities you should tell the cashier your reg. no. to avoid incurring a fine."

 

I have just made a small donation via paypal. Thanks

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oh dear

even they don't understand what useless buggers they have employed

 

pers i'd be writing back stating they are wrong, and that there are not legal parking fines issued by the police/coucil etc..but merely a speculative invoice which can never be a legal fine.

 

I think EB could have fun here too.

  • Like 1

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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Posted (edited)

yes but it would be wasted on them. They dont care. Now if the OP sued them for allowing the parking co to collect their personal data when they had no cause to do so they might start to take notice. If 40 peopel sued them they would definitely have to consider the guff they spout forth to defend ther laziness.

 

Anyway, good news about the cancellation. Things like that do hurt the parking co, they have spent a fiver on this and cant get that back and they have also now made themselves more visible to their employers so if they do get enough complaints they may well be out of a contract there so keep complaining folks!

Edited by ericsbrother
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