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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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6 hours ago, Hotdog77 said:

In the email that I sent, I did give 14 day notification to pay up or court. Should I still stand my that date?

then if you intend to do court you must send a formal letter of claim by royal mail, and NOT BLUFF.

be ready to file on MCOL day 15 if your defendants don't comply

dx

 

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... 

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First point I said send LETTERS not emails 
you will not be sending a letter of claim 
If all else fails you inform them that they have 14 days to pay otherwise you will be making an application to the court for permission to enforce the judgment of the Ombudsman 
However I would first advise that you in this case email the CEO of Creation asking whether he is aware that his company has not complied with a final decision of the FOS
In addition email the Creation FCA compliance officer with the same question 
Although the court application sounds simple it is anything but so try and avoid if at all possible 
and yes after the final payment cancel your DD

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@theoldrouge @dx100uk Ok I understand that I clearly missed/misread the "Letter" part. The emails have now been sent however, following Dx100 intervention I sent via RM 1st class recorded, letters to both Head offices. 

 

Sorry  

@theoldrouge could you clarify!! Are you saying that if after 14 days I do not hear from them, that I should give them another 14 days and during that time or even now I should email the CEO and FCA compliance?

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No 14 days only 
But in the meantime get on and email as advised CEO plus Compliance Officer 
 

You also need to start researching Form N322A and it’s implications 
 

https://www.gov.uk/government/publications/form-n322a-application-to-enforce-an-award

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On 03/10/2023 at 18:37, theoldrouge said:

However I would first advise that you in this case email the CEO of Creation asking whether he is aware that his company has not complied with a final decision of the FOS

let him find out the rest of the story for himself .

dx

 

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... 

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Share on other sites

@theoldrouge your tactic worked!  

This morning, I sent an email taking a chance - cc'ing Mr Hunt, the French CEO of PNP Paribas, 2 directors of creation, customer relations at PNP Paribas and Section 75, among others. Mr Hunt's reply was an out-of-office, but I sent the email to his forwarding address for urgent matters.

 In less than two hours, Section 75 had been in touch, followed by another email from the same person who had assured they would stick to their word once the vehicle was fixed. Then the Customer Relations representative from PNP Paribas made sure the issue was being handled with the utmost seriousness.

On my way home, I got a phone call from Creations. The same woman from Section 75 was excessively apologetic.

Now, I need help as I was really annoyed by what she said.   

She informed me that I would get the funds only after the car was fixed and returned to me. I had to interrupt her to remind her that I had fulfilled my obligations with the contract,  why was I being made to wait for the car to be repaired before I got my money?

In the end, what happens to the car is now a matter between them and the dealership. I had to reiterate this to her several times, but all I kept getting in response was, 'That's not the FOS's decision.'

Why should the repairs of the vehicle be my problem?  My caseworker (section 75) was the one who failed to follow up on anything, and now that the contract has expired I still have to wait. Unless the car is being given to me for free, that's a completely different matter.

She also said she knows nothing about the balloon payment.  Funny! as was she too was in the email I sent almost 2 weeks ago.

I'm sorry if this may be difficult to read.  

Can I follow up with the PNP Paribas customer relations person regarding their need for me to wait for the car to be fixed before I get my remuneration? I have the logbook and service history, so what will be the procedure now?

 

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As thought this is down to total incompetence rather than deliberate avoidance 
Yes contact Paribas customer relations again and tell them what you told Creation’s Section 75 dept


As your contract is complete, the car, it’s repair, is of no further interest to you, it’s a matter between them and the dealership and as your contract is complete they have no problem whatsoever calculating the compensation due as awarded by the FOS.


If necessary email the whole story to the CEO


His useless staff/colleagues need a good prod to get them moving 

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Thanks for clarifying as I have an email ready to fire off.

 

Question:  I was paying two amounts, one for the PCP and another for the warranty, both by direct debit on the same date.

The FOS gave no specific instructions, so when calculating the 8% reimbursement, is the warranty payment to be added to the PCP's monthly payment?

Also, can they tax the amounts? 

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warranties are useless and should be reclaimed anyway.

so to date you've not told us nor included this warranty payment in anything you've mentioned to us or them or the FOS???:frusty:

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... 

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 I'm not sure what you are asking, but yes, I have already informed Fos and here about the warranty. I had to provide Fos with specifics of all the payments I have requested, including the warranty.

The ombudsman's instructions concerning my claim were not explicit;  they refused to continue discussing any particulars of the claimwith me, when I asked for clarity.

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sorry ok so it need unravelling.

 

15 hours ago, Hotdog77 said:

when calculating the 8% reimbursement, is the warranty payment to be added to the PCP's monthly payment?

yes treat it as one IMHO.

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... 

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Totally agree with @dx100ukinclude the warranty payments 
it didn’t actually help you did it whilst you were without the car

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Hi both @theoldrouge @dx100uk

 

I received a surprise email today from  the FOS  investigator who was working on my case.  Apparently the Ombudsman who made the ruling is checking up to see if Creations had settled with me.

I guess I have nothing to lose, but I was wondering if I could beg and plead with him to reconsider the £3k compensation i requested as well as Creation having to pay out for the second car I had to purchase. 

To be offered 10% on the compensation I put forward is an insult imo.   

My life changed massively and the  consequences had a devastating effect on my children and day-to-day life.  Travelling to work as a teacher was hell!!  Furthermore, They NEVER provided me with a vehicle...not even a coutesy car.  

Please let me know your thoughts

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53 minutes ago, Hotdog77 said:

but I was wondering if I could beg and plead with him to reconsider the £3k compensation

seriously doubt it .

if you've not kept nor provided any evidence upon bus fair costs nor ever written and asked for a courtesy car , you can't back peddle

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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... 

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Share on other sites

No the ombudsman’s decision was final
and been accepted 
but he may help to get Creation moving 

  • Thanks 1

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Hello there,

 

I am astonished at the ineptitude of Creation. With only 13 days until the close of the month, I am now being notified about recovering the car.

Back in September, I sent an email to the same 3 people who were cc'd in yesterday's email, reiterating that no payment was to be made for the balloon payment and also providing them with the complete address, telephone number and email address where the vehicle had been stored.

FOS and MD complaint 17.10.23.pdf

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oh well got there in the end

dx

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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... 

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Share on other sites

As we have said for sometime total incompetence 
but all you require now is your payment 
no further excuse for delay 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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The emails have been coming through like Tetris 😉

For the V5 docs, do I just change it into their name under the registered address immediately and return the other parts to them with the inclusion of the service paperwork?

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no you fill in section 9 of the V5C - (V5c/3)  and send the wHOLE V5C to the DVLA

tear the GREEN SLIP (V5C/2) out 

send THAT part ONLY to the dealership with anything else you think you need too.

 

 

 

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... 

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Share on other sites

cant be the finance co.! must surely be the dealership you purchased it from.

as even if this sorry story had never happened, you'd still return it to whence you got it as agreement ended .

 

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... 

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