Jump to content


  • Tweets

  • Posts

    • ps i doubt the PCN says macdonalds?? MET dont operate a reverse trespass car park for mc'd's parkers going to starbucks...(occupants left vehicle claim) they only do that for the starbucks part  i bet you parked in the starbuck side and walked to MCd's? dx    
    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

Injury Claim Against Local Council Through Zurich - Scotland


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 623 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

ok well dont do it then simple!

 

it cant hurt you nor influence or prejudice your position or what happens going forward.

 

you came here for advice, questioning why that advice is being given, can sometime be seen as being obstructive when there is no real need for it.

  • Sad 1

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I'm just asking for clarification on your advice! Is there something wrong with that? You recommended I do something. I'm just asking WHY!

 

I have asked three times already, and I know you guys are busy and are doing this for free but don't accuse me of "being obstructive" - whatever that means.

 

I'm acting on behalf of my mum, so when I instruct her to do this or that it would help if I knew what the purpose of what I was asking her to do was.

 

I'm not paying for a solicitor here. I'm asking for free advice on the internet. If you can't offer that without getting a bag on with me then I think I'll just take it from here and reply to Zurich and if it ends up with no pay out then so be it. I really can't be bothered with all these letters going back and forward anymore, especially when I'm not here most of the time to deal with it. 

 

Thank you for the help.

Link to post
Share on other sites

you don't need a sols.

 

to date have you made any contact with the council or anyone (bar the FOI) complaining to them or alerting them they have 'incoming' regarding an injury claim?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

good. so on balance there must be some internal council communications that must concern her and her personal data/discussions/email data held by the council about her...and i bet you don't have it = SAR....gedit yet!

 

what if something said, yes we knew about this path in year so not surprising we've had a claim...an FOI won't tell you that.

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Yes I gedit now. But I'm not a lawyer, so unless someone explains this to me then I won't gedit, will I.

 

I'm acting as a solicitor for my mum, so when I tell her to do something I have to explain to her why I'm telling her to do that. 

 

It would help me if she read the letters coming in while I'm not here, like the one asking her for ID.. 

 

The letter is asking her to confirm which Service she is requesting information from and provide a timescale. Should I say anything within the past 2 years, or just leave the request as it is?

Link to post
Share on other sites

Just send it as is

If you express a focus in one direction they might limit its scope

you could however aid them by indicating your request has nothing to do with council tax data so do not require such . (Assuming they are the same council as her ctax?)

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

As i said then..regarding time.. They only have 30days regardless

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 1 month later...
  • 3 weeks later...

Hi

 

As the 30 Calendar Days have expired I would write to the Council and explain that they are now in breach of your Subject Access Request due to their failure to comply within the legally stated Time Lime of 30 Calendar Days and have neither agreed an extension to that Time Limit with myself.

 

Therefore you require Clarification from the Councils Data Protection Officer why they have failed  in this Time Limit otherwise this will be reported to the Information Commissioners Office as a Failure to Comply with a Subject Access Request.

 

Link of Interest: 

 

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

Link to post
Share on other sites

Thanks.

 

I will do that.

 

I just drafted a letter on behalf of my mum - who is in a lot of pain and waiting for an appointment for assessment for a knee cap replacement.

 

If only I was on the bar I could probably make a living doing this, because I can write letters.

 

Should I?

 

- before I send this letter

- or wait 

- or should I include this failure to respond in the letter?

 

Many thanks.

Link to post
Share on other sites

So as it turns out the council did send the SAR in time to my mum! It's just she doesn't check her email - it was sent about a month ago. Not much in there - no internal memos about the insurance claim which seems weird since you'd think there should be?

 

I had a look at the FOI about the graveyard and asides from there being no mention of anything to do with inspecting or maintaining the paths, the letter that came with it includes several paragraphs of legalese explaining why they couldn't include any information about any complaints that had been made - to protect the identity of the complainers. Why can't they just redact that information?

Link to post
Share on other sites

  • 3 months later...

Thanks Honey.

 

So I replied to Zurich about 4 months ago with all the information they requested and no reply. I chased them up and they have written back today saying "we are awaiting our clients reports to investigate liability and provide a formal response upon conclusion." 

 

I've already written to the council a couple of weeks past asking them to pull their finger out on that and so far..... still crickets.

 

Just wondered if any of you guys had any pearls of wisdom to offer on the current developments?

 

Additionally - I have already just recently reported a very serious safety hazard on the roads around here - a badly fitted man hole cover on a grass verge that appears to be getting nudged off one edge by passing HGVs probably - so anyone who happens to be walking along there thinking the slabs beneath their feet are solid could have a very nasty surprise with potentially life changing injuries! 

 

Not much footfall that way but it's on the way to a place where they hold festivals so at certain times you could get a lot of folk walking that way, so I marked this as urgent. So far they have replied but no action. I would have thought a barrier and some signs would be in order while the relevant contractors are booked in at the very least, but apparently not a priority for this council.

 

Don't know if this gives my mum's claim any traction? I noticed this when I was out walking and reported it purely out of concern for safety and not to help my Mum's claim, however if it does then winner winner chicken dinner..

Edited by Guest
Link to post
Share on other sites

  • 2 months later...

So Zurich are requesting my mother signs a mandate giving them access to her health records - which I thought we had already given I’m not sure can’t remember now. 

 

First a copy with no form at the end of some 4 page statement, then a copy I can’t edit and send back digitally. Still waiting for a reply asking for write permission.

 

Anyway, I figured out how to get round that with my photoshop skills; Just wanted to run this by here in case anyone has any ideas. I think they just want to know about how my mother’s injuries have healed or not for their final assessment?

Link to post
Share on other sites

Hi

 

Whatever you do even after signing that Mandate for them to have access to her health records and sending it back you need to contact/write to her GP and ask that anything that is to be sent to Zurich you are advised about and exactly what the GP is forwarding. (you are entitled to ask this as it is her personal medical information) and you require this on record.

 

Make sure you have a letter from your mum giving you permission to act on her behalf to send to her GP as well.

 

Remember Zurich are working for the Council not your Mum and will be trying there best to minimize any costs with any claim against the council.

 

Have you had any update from the council on your Subject Access Request? Post#37 - 40 since they failed to respond within the set time limit and did you contact them and inform them of that failure?

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

Link to post
Share on other sites

I think the situation that unfolded there with the council failing to respond within the set time limit was more to do with my Mum not checking her emails properly - I have now taken over the paperwork for this so all emails are coming to me now.

 

So I now have to write to my Mum’s GP about this - and they will be happy to write to me informing me of what information Zurich are requesting - and I then give my consent to that? Or they just inform me of what information they have provided?

 

Will her GP be happy to do this for free also? Of course they are busy doing their job treating patients (at least some of them used to do that anyway prior to 2020) - I know from experience that if you want a letter from them for your work they sometimes ask for a fee. 

 

I guess also if I’m going to do this then the address on the mandate must be direct to her GP also?

Edited by dx100uk
unnecessary previous post quote removed
Link to post
Share on other sites

The way it usually works is that your mum authorises her GP to disclose her medical records to Zurich. It's then Zurich's responsibility to contact her GP and ask for them. If the GP makes a charge for this they charge Zurich. Zurich can't pass the charge on to your mum, they have to pay it as part of their own claims handling costs.

 

In my experience, when I've been involved in access to medical records in other contexts, your mother shouldn't need to approach her GP at all. Zurich should give her a mandate form to sign and return to Zurich. Zurich then send that to her GP with their request for the medical records.

 

EDIT Should add that my experience of how this works is in England. Don't know if it's different in Scotland.

Link to post
Share on other sites

Thanks for the advice.

 

I’m just going to send this form in to them without requesting anything from her GP - or her requesting this.

 

This is what she wants - I’ve tried to explain to her that this means Zurich then have access to all her records and that it’s better at least that she knows what records they’ve been given access to and she should just request this

 

but she’s not listening

 

what can I do.

Link to post
Share on other sites

  • 2 months later...

So I received a correspondence from them today stating that they had received the signed medical mandate form 

 

Also received a similar email from them two months ago..

 

So what's that all about? Something get tossed on a pile and forgotten about?

 

Or are they just trying to drag this out as long as possible in the hope that we give up?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...