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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Lowell Financial or Lowell Portfolio 1 Ltd


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i had good look at what they send me it was littlewoods but what they have sent me is a piece of paper which was the insurance on it no littlewoods name it is my signature but also it say read overleaf for tcs but there is only 1 piece paper so do u think its genuine ?plz ty

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Does it contain ALL the prescribed terms, without which it is completely unenforceable.

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

Be VERY careful whose advice you listen too

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  • 1 month later...

Ok everyone. Pay Attention. Because this is the only bit of useful information that you will see on this forum.

 

You have got debt for a reason. Credit....Is not a luxury. CREDIT is meant to be paid back. If you are in DEBT, you need to PAY it back. Its like the whole adverts about piracy on dvds "You wouldnt steal a car. You wouldnt steal a dvdv from a shop, Dont download illigal movies. Piracy is a crime" Purposely ignoring corespondance up to the point of not paying at all is a crime.

 

And get a load of this. C.A.B is run by.....Ready for this ? VOLUNTEERS!!!! Amazing that, isnt it. They are not getting paid to give out random information which does not stand up in a court of law !!!! If they say they will pay a company £1 a month...The company thy pay to whether its Barclays or not, DO NOT need to accept this.

 

If you are having diffifculties get whats known as an INCOME AND EXPENDATURE form from the C.A.B (all theyre good for) Fill it in and send it to the people you are paying. That way you have proof of your incoming and out goings. Stop embarassing yourselves by asking "OH GOSH !! i have debt of £1800 !! how do i get out of it !!!!!" if you claim statute barred ... Guess what....You will never get credit again. Statute barred is not a good option. Your credit rating lets face it is SHOT when your on this forum. The only way to fixx it is to pay through I&E.

 

Hope this helps

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troll.png

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Ok everyone. Pay Attention. Because this is the only bit of useful information that you will see on this forum.

 

You have got debt for a reason. Credit....Is not a luxury. CREDIT is meant to be paid back. If you are in DEBT, you need to PAY it back. Its like the whole adverts about piracy on dvds "You wouldnt steal a car. You wouldnt steal a dvdv from a shop, Dont download illigal movies. Piracy is a crime" Purposely ignoring corespondance up to the point of not paying at all is a crime.

 

And get a load of this. C.A.B is run by.....Ready for this ? VOLUNTEERS!!!! Amazing that, isnt it. They are not getting paid to give out random information which does not stand up in a court of law !!!! If they say they will pay a company £1 a month...The company thy pay to whether its Barclays or not, DO NOT need to accept this.

 

If you are having diffifculties get whats known as an INCOME AND EXPENDATURE form from the C.A.B (all theyre good for) Fill it in and send it to the people you are paying. That way you have proof of your incoming and out goings. Stop embarassing yourselves by asking "OH GOSH !! i have debt of £1800 !! how do i get out of it !!!!!" if you claim statute barred ... Guess what....You will never get credit again. Statute barred is not a good option. Your credit rating lets face it is SHOT when your on this forum. The only way to fixx it is to pay through I&E.

 

Hope this helps

Glad to see the DCA educational standards are being upheld:roll:

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Total Bank Charges Returned : £18475112 to 9304 people. :p

 

"bank Charges" not debt. DCA's are willing to settle an agreement for the outstanding debt minus any "unfair charges" you feel you may have incurred.

If the charges are infact not valid. Send proof of that and any dca agent can make the settlement amount the amount minus those charges. All your doing is avoiding your valid debt. Smart move.

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Glad to see the DCA educational standards are being upheld:roll:

 

Just for record. I dont work for a dca. I just know the law. The fact you dodge debt because you feel like it is non of my business. Im trying to tell you how to sort it out. And because i dont speak perfect english because im not from england should not dumb down the meaning behind my words.

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Just for record. I dont work for a dca. I just know the law. The fact you dodge debt because you feel like it is non of my business. Im trying to tell you how to sort it out. And because i dont speak perfect english because im not from england should not dumb down the meaning behind my words.

What's the law regarding chasing a totally innocent 3rd party for a deceased persons debt, while adding a non contracted high interest rate?

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Ok everyone. Pay Attention. Because this is the only bit of useful information that you will see on this forum.

 

You have got debt for a reason. Credit....Is not a luxury. CREDIT is meant to be paid back. If you are in DEBT, you need to PAY it back. Its like the whole adverts about piracy on dvds "You wouldnt steal a car. You wouldnt steal a dvdv from a shop, Dont download illigal movies. Piracy is a crime" Purposely ignoring corespondance up to the point of not paying at all is a crime.What about DCA's who totally ignore all correspondance, is that a crime then?

 

And get a load of this. C.A.B is run by.....Ready for this ? VOLUNTEERS!!!! Amazing that, isnt it. They are not getting paid to give out random information which does not stand up in a court of law !!!! Well CAG give good advice about our rights If they say they will pay a company £1 a month...The company thy pay to whether its Barclays or not, DO NOT need to accept this.

 

If you are having diffifculties get whats known as an INCOME AND EXPENDATURE form from the C.A.B (all theyre good for) Or CAG website Fill it in and send it to the people you are paying. That way you have proof of your incoming and out goings. Stop embarassing yourselves by asking "OH GOSH !! i have debt of £1800 !! how do i get out of it !!!!!" if you claim statute barred After 6 years that is the LAW... Guess what....You will never get credit again. Statute barred is not a good option. Your credit rating lets face it is SHOT when your on this forum.Well your on here!! The only way to fixx it is to pay through I&E.

 

Hope this helps

 

Thanks for your help.

 

Oh IMO and most people on here that i have read posts from are not trying to dodge paying debts, they are just trying to sort things out to make life a little more pleasant for themselves.

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So if you know so much about the law why do I and many other people on here have files full of letters confirming that debts are unenforceable? Those of us who are in that situation have been driven to sites like this because of horrendous treatment by DCAs who would not accept that the person had fallen on hard times and was a "couldn't pay" rather than a "wouldn't pay" and the DCA had tried their best to destroy that person's life. And most of said people already have default notices.

 

I don't think anyone on CAG would advocate going down the CCA letter route to people who are just trying to ditch their debts. I was on the verge of bankruptcy before I found out about the provisions of the CCA. Also, the companies I sent CCA letters to had refused my CAB-backed short term offer of £1 until I got my life sorted out. The ones who accepted my offer are still getting paid.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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What's the law regarding chasing a totally innocent 3rd party for a deceased persons debt, while adding a non contracted high interest rate?

 

legally bound innocent 3rd party person for a deceased account is liable for any outstanding debt unless not legally bound to the debt by contract.

If the customer has deceased. the DCA company withdraws all contact about the debt and gets written off. All proof of death is required aswell as the next of kin details and the executor of will's details.

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See - Money money money said it for us - "legally bound" is the term used.

 

Well that's what this site is for - to advise people of their legal rights. Do you object to that???

 

Or is it that DCA's are entitled to use and misuse the law... but no one else is?

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" Well that's what this site is for - to advise people of their legal rights. Do you object to that???

 

Or is it that DCA's are entitled to use and misuse the law... but no one else is?"

 

You are not talking about what laws there are in place to help you. You are all discusses to not correspond to letters. How does that help you at all ? DCA are there for a reason. To collect the outstanding debt that is owed to them. That you have run up yourself. If all you can afford is £1 a month, then pay it in court with the I&E showing all you can physically afford is £1 a month they cant do anything in the short term. DCA's understand people may have hit a rough patch and will put a break on the accout for say 6 months. After that 6 months they will expect your circumstances to have changed. To not reply to letters or to even contact them can lead to court baliffs going to your house and taking a value from your property that is due every month.

 

Non of you seem to even want to co operate with the dcas. I see people saying things like "ive sent a letter, now ill ring them and tell them to F*** Off" yes.....that will help a lot wont it ?

 

Just be adult about it and get it sorted. Dca's are there to collect debt that is financially viable for yourselves but also themselves. So bring them an arrangement and talk to them about it. the amazing thing is DCA's do not add charges or interest on the account.

 

Just pay.

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Thanks for your help.

 

Oh IMO and most people on here that i have read posts from are not trying to dodge paying debts, they are just trying to sort things out to make life a little more pleasant for themselves.

 

" if you claim statute barred After 6 years that is the LAW... Guess what....You will never get credit again."

 

After 6 years you havent paid what you were soposed to pay back due to a written legal document then yes. You can get rid of the debt i never said you couldnt. I was advising not to do that. because after that point there is basically no chance you will get credit again.

 

And surprise...."most people on here that i have read posts from are not trying to dodge paying debts" if you claiming statute barred. You are dodging.

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" if you claim statute barred After 6 years that is the LAW... Guess what....You will never get credit again."

 

After 6 years you havent paid what you were soposed to pay back due to a written legal document then yes. You can get rid of the debt i never said you couldnt. I was advising not to do that. because after that point there is basically no chance you will get credit again.Well maybe not for 6 years.

 

And surprise...."most people on here that i have read posts from are not trying to dodge paying debts" if you claiming statute barred. You are dodging No claiming statute barred is our right under english law.[/quote]

 

Sytra

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