Jump to content


  • Tweets

  • Posts

    • 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.
  • 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

Wrong settlement quote given on PCP.


axil23

Recommended Posts

Sent them the SAR request almost 26 days back and got a reply today with the following. 

Quote

Thank you for your e-mail requesting a Data Subject Access Request. 

Please note, the supplied authority does not match the information we hold.

The information that is missing is the following: Date of Birth 

If you wish to resubmit your request, please provide us with the appropriate authority.

Does this mean the SAR is void?

I read this as they are asking me to send them a new request now or would replying with my DOB not give them more time? 

Link to post
Share on other sites

send over proof of DoB and then let it run.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

no!!!

is your DOB wrong on the agreement?
did you even give it too them on it?

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... 

Link to post
Share on other sites

When I filled in the finance application through Forza finance

the form did require all the directors details including DOB.

I have double checked and the DOB is correct on that application. 

The Santander paperwork did not require my DOB.  

 

Link to post
Share on other sites

ah this is a B2B PCP

then as your are sending the SAR as a private individual and not as repping the co. you need to prove to them.

unfortunately, i think that will also reset the 30 days.

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... 

Link to post
Share on other sites

6 hours ago, axil23 said:

I just emailed them back my date of birth.

is all you needed to do.

dx

 

  • Like 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

  • 2 weeks later...

I was wondering if taking a bank to small courts court via BCOBS is still applicable?

I can't find any recent data points on it.

Most are 10+ years back. 

Santander are taking their own sweet time and I need to contemplate my options.

It's been 5-6 weeks now. 

Link to post
Share on other sites

off to/update the FOS regardless.

remember to point out the FOS considered it a personal loan not B2B as you signed a PG.

did the SAR come?

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... 

Link to post
Share on other sites

Posted (edited)

No SAR yet but they have confirmed via email that they have everything and will supply it by this month end. 
 

When you say the FOS considered it a personal loan due to personal guarantee who is the FOS? Financial Ombudsman?  But then that doesn’t make sense as they haven’t been involved yet. 
 

Santander in their final response to my original complaint did not agree to it. They turned my complaint down and specified that the selling dealership had agreed to treat it as personal for settlement purposes. 
 

I guess they could not agree to it as then they would be guilty of miss selling but they gave me what I wanted by saying I would not get treated as a business customer in regards to finance charges. 
 

Awful bank to deal with. Will never touch them again. 

Edited by axil23
Link to post
Share on other sites

On 03/04/2024 at 23:54, dx100uk said:

did you sign a personal guarantee associated with the car loan?

i bet you did!!

On 03/04/2024 at 23:56, axil23 said:

Indeed. You are too good. 👍

On 27/03/2024 at 15:04, axil23 said:

Now the FOS are saying that I need to set up a new case that I don't agree with the settlement figure advised. 

On 27/03/2024 at 19:52, axil23 said:

Since they won't accept my new complaint over the phone I can email and send them a recorded delivery letter to start a new one. Give them 8 weeks to get back to me with a final response. Should I point out that the FOS has asked me to do this? 

On 28/03/2024 at 10:52, axil23 said:

Drafting them a new complaint today.

 

  • Like 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 see what you mean. I will wait till the 8 weeks is up and then take it up with FOS. Before I do will be on with some more details on the SAR. Thank you once again. 

  • Like 1
Link to post
Share on other sites

As per my initial letter date their 8 weeks finishes on Tuesday.

With Monday being a bank holiday they won't be able to reply in time.

I need to do my prep work to submit the FCA case.

Is this pretty straight forward?

Could you direct me to a thread on here that has some guidance on how to submit a FCA claim? 

Thank you in advance. 

p.s

Are you sure I shouldn't do a Small claims case under BCOBS as they owe me close to 7k and FCA can take ages.

I have the emails that say they will treat this like a Consumer loan and not B2B so am quite confident. 

Link to post
Share on other sites

FCA??

 

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

thought so.

exhaust the FOS, then eitherway you could goto court.

either to enforce the FOS if they side with you or to try a claim under BCOBS though the negative FOS decision might thus be used against you.

look on the FOS website it tells you what to do.

send them EVERYTHING. 

best way is via a cheap penstick for everything else bar you initial letter.

dx

 

  • Like 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

Went through the SAR and the update on their internal system last week was that I am due a refund back of roughly what I had estimated. It ends with Managerial approval required and no further updates. 

Would you suggest I wait it out or start the Ombudsman as it's over 8 weeks and we have no idea if the manager will approve. 

Called to speak with the complaint handler as she hasn't responded to my last 2 emails. I was ever so polite and the Santander team talk to you as if you are a criminal and have done some sort of fraud against them. 

Extremely rude staff.

Link to post
Share on other sites

if over 8 weeks I'd start the case with the FOS myself.

Especially as you've got the SAR saying you're due a refund and they're not approving it.

  • 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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 2 weeks later...

Santander have sent their final response and have agreed that they were in the wrong.

They will be refunding me the amount I am due and £50 for the delay. 

Just the interest factor would be more than double the £50 that they are offering.

Thinking to just close this and move on.

Is this what you would do? 

Opened a FOS case on the 1st of June but haven't heard back yet. 

Link to post
Share on other sites

yes might be the best idea. you'd only at best get 8% flat interest and that unusual on a GOGW if this was what it was.

simply contact the FOS and let them know its resolved.

dx

 

  • Like 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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...