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    • Received this letter today after all this time !! Doesn’t sound like just a threat any advice please  Thanks  Photo.pdf
    • Good evening. Hoping to keep this short and concise. Any help really appreciated! Sent originated from council tax in 2019.  I moved address for a new career 240miles away in December 2019 and have lived here ever since.  A distant friend resides at previous address.  A CCJ was filed regarding this debt in January 2020 but no correspondence was received my end or at the old address.  Move forward to this year; early April I learn of a letter received from Bailiff - Notice of Enforcement dated 13/03. Stated I had ten days to settle a payment/payment plan or £75 will be added after ten days from 13/03 and bailiff instructed to visit.  Obviously I was unaware of this letter till well after the time period passed. Attempted to contact Dukes via email but zero response. Asked for breathing space in order to check the original debt with the respective council (I wasn’t awarded a week of Housing despite being on UC for a short period due to a contract date given by the old employer).  29/04 a note was left at the old address stating a bailiff had visited. New balance £310 more than original outstanding.  I’ve since contacted both the council and the bailiff agent to state I’m more than happy to settle the original debt over a payment plan but at this stage they will not remove the fees despite all correspondence not being sent to me and obviously me only seeing them much later than one would have expected.  Tried live chat today with the company and firstly was told the fees will remain because I spoke to the enforcement agent - I have never spoken to him/her.  secondly told the fees would remain because “I tried to use their web chat service to complete an income form” - I have zero recollection of doing this and I also wonder if it’s another tactic? any help on where I stand with the fees added would be incredible. Thank you
    • the evidence you have from Mercedes is perfect. simply write to both the finance company and the dealership that sold you the car, stating under the consumer rights Act 2015 should a fault appear outside of 6mts, it's for the consumer to prove the fault was present at time of sale. Please find enclosed a copy of said report from Mercedes at XXXX stating quite clearly that the windscreen was replaced on Date , some xxx months/years BEFORE my purchase on DATE. there is a bill to pay of XXX to XXX , i expect you to sort this out between yourselves , i am not liable for this. something upon those lines anyway.  
    • Not really. I just wrote it based upon my credit file data with screenshots and stuff.  Also referring to multiple data points. You need to read before sending or writing it.    I have plenty of experience in this stuff so takes me half hour to write something like this. For you itll take an afternoon probably. An additional day with it on your CRA wont cause a problem.     Reference Material; ICO Credit File Guide - https://ico.org.uk/media/your-data-matters/documents/1282/credit-explained-dp- guidance.pdf ICO Main Page For Credit - https://ico.org.uk/for-the-public/credit/ CMF Limitation Act 1980 - https://www.checkmyfile.com/articles/the-limitation-act-1980-and-debt-time-limits.htm Gov Limitations Act 1980 - https://www.legislation.gov.uk/ukpga/1980/58/2023-11-18 (Latest Version) Transunion 6 Years - https://www.transunion.co.uk/consumer/credit-report-help/how-long-does-information-stay-on-my-credit-report-for Equifax 6 Years - https://help.equifax.co.uk/EquifaxOnlineHelp/s/article/Howlongdoesadefaultedorsettledaccountstayinmyreport Experian 6 Years - https://www.experian.co.uk/consumer/guides/defaults.html#:~:text=A default will stay on,you still%20owe%20them%20money
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    • 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
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Countrywide ANPR PCN - in carpark for 10 mins - Disabled Parking Spot - appeal refused by CW - Kingswood Way Great Denham Bedford Bedfordshire MK40 4GH


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I have just received this email for the debt collectors.
I havent had any contact from them before regardless to what they say.
Do I reply and say anything or just ignore it?
Thank You 

SUBJECT: OUTSTANDING DEBT
CASE ID:  313811702
Dear xxx
We have recently contacted you regarding an outstanding matter that requires your urgent attention.  (LIES)

Please contact TRACE on 0333 577 4447 to make payment or discuss payment options with one of our team.

 
You can also make payment using our secure online payment system by visiting: www.thetracegroup.co.uk

Collections Department
TRACE Enforcement Group

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if I block their emails and they go to court I wont get a copy of the court summons as they go to the same email - would that be correct?
I dont want them getting a default as I didnt receive the summons.
Would the court send that out separately?
Just want to be safe before I do anything.
Thank You

 

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My understanding is that if there ever is a court case, the court will send a paper copy of the claimform to your home address.

You're spot on about email though, you don't want them going behind your back and sending information at the 11th hour just before a hearing.

You should write to them and tell them not to contact you by email in future. Someone will know the wording of this.

HB

Illegitimi non carborundum

 

 

 

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HB is correct, claimforms come by post.

Also they certainly don't come from debt collectors.

I'm sure dx will be along soon with his spiel about his pet hate... debt collectors.

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

 

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block bounce ignore and report ALL emails, txt msgs and phone calls as spam to 7726

courts cant serve summons paperwork by email!

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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We do also have some sort of wording for something asking whoever it is to stop using email. I think Mrs Smith might feel more reassured by saying that.

I take your point that it's only a DCA but maybe Countrywide have the email as well?

HB

Illegitimi non carborundum

 

 

 

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I am sure I told Countrywide when I appealed their ticket that they have no right to pass my email address to anyone.
Would that have any legal standing? should have a screen shot of it somewhere as proof.

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Their privacy policy will probably allow them to share details with certain parties for debt collection / enforcement.

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 The National Consumer Service

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pers i wouldnt worry about anyone using email until/unless it ever gotto court.

and they've not even issued a letter of claim yet IF they ever do.

just ignore everything until/unless one ever comes , then pop back here.

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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I agree with dx, e-mail only needs to be knocked on the head if the matter gets to court.

And HB is right, claim forms arrive by Royal Mail.

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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  • 4 weeks later...

No, don't worry, Trace are a third party who can't do anything as it's not their debt.  Just laugh at the letter and ignore it.

Hot air from paper tigers.

Little legal lesson.  Say you & I were in legal dispute.  Well I could sue you and you could sue me.  Your best friend couldn't sue me and my next door neighbour couldn't sue you, as the case would have nothing to do with them.  Debt collecting agencies are the same.  They have as much power as the orange peel I have just thrown in the bin.  They can do nothing. 

Edited by FTMDave
Extra info added

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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  • 2 months later...

I am not sure why but I only have just seen your thread. I have just read all the way through and your chances of winning appear very good. If it was your daughter who was driving on the day you received the PCN you will definitely win. One of your posts appeared to suggest that it was your daughter driving.

I am not advocating that you  lie since you should win anyway but if your daughter was driving you are totally in the clear and so is she since too much time has elapsed since the time of the alleged breach.

the reason I say that is because the PCN they sent does not comply with the requirements of the Protection of Freedoms Act 2012 Schedule 4. What that means is that the cannot transfer the charge from the driver to the keeper. Only the driver is now liable.

The PCN does not comply because the period of parking has not been specified. Yes they do have your arrival and departure times taken from the cameras but as you had to drive from the entrance to find a parking spot and then manoeuvre the car into the space checking that you are within the lines that cannot be classified as parking. Then you have to get into your car on leaving and drive to the exit, perhaps having to stop to let pedestrians or other cars pass in front of you. That is also not classified as parking.

By your own admission it took you some time to read all their signs before taking the wise decision to leave. So you weren't parked there  at all you were only.considering parking. Given that there is a MINIMUM time of five minutes and bearing in mind you are disabled and subtracting the times when you were driving in the car park you were much closer to the five minutes than the ten minutes they are trying to claim.

Oh dear I see they are using  BW Legal-a fifth rate solicitor at best. You are probably going to receive sometime i the future a Final Demand from them. Don't worry they are like Clapham omni buses. None come and then they all come together.. Expect as many as four or five Final demands. They can be safely ignored but they are great if you have  jerbils or guinea pigs as they are much cheaper than the normal litter paper.

However do watch out for a letter which is headed letter of Claim or letter before Claim. If you get one of them let us know and we will advise some snotty letter to send them to show that you are not scared and quite happy to go to court -and win.

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My daughter was not driving.  She was mentioned as she didnt even see the dwarf signs on the entrance way.  Their original letter sent a camera shot of the car going into the car park and then coming out (think 10 mins approx).  

I have heard of BW Legal before and  yes there are a terrible company who hire solicitors nobody else will.  I ignored all Trace letters so assume they will stop now BW is taking over. 

Thank you

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Ok not a problem. You will still win as you weren't parked. You were only considering parking. By using the actual time you were stopped and taking into consideration you are disabled I would be surprised if any Judge would find in favour of Countrywide. 

Do you know how long those signs have been in use?

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There was a different big sign when I first went there and when I went a few weeks later it had gone and new smaller signs were up. It is quite a mess with the signs.  The dwarf signs now have a message no disabled parking yet the disabled parking space remain there.  Very confusing

 

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Well if you receive a Witness Statement from them it should include photos of the signs on the day of your visit not the current ones. Might be an idea to check with the Doctor's office to see if they can get a closer date of when the new signs were erected. That  could help your case if they show the new ones. Maybe be a forlorn hope so if you have some idea yourself of when it happened that could help.

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The doctors are totally uncooperative with anything to do with parking tickets and didnt even pass my letter to the Landlord when I left it addressed to him at their property. 

They hired the parking company so are totally on their side all the time. 

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Well you could try writing to them asking them for the date. If they refuse you can advise them that you will be calling them as a Witness on your behalf at the Court. So it would be advisable to provide the info you want to save having to go to court.

In addition it would be advisable for you to have some idea  of when their signage went up and any subsequent changes made. Of course your chemist be able to help you with that but just please park round the back of the buiding to avoid another PCN.

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  • 2 months later...
Posted (edited)

This time you do need to reply to them with a snotty letter to show you'd be big trouble for them if they did try court.

We will help this evening.

 

Edited by FTMDave
Triple post due to site playing up
  • Like 1

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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