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    • The last part regarding Section 75 can be dis-regarded, as stated by @dx100uk in post #21 the dispute revolves around grounds for a chargeback.   I have read through the conditions for a chargeback when paying using a MasterCard here.   The closest I can come to describing the situation I encountered is either under the grounds of: 1) Credit not processed. or 2) Purchase transaction did not complete.   It is likely these terms relate to the fact that a payment must be returned if is not processed or completed. However I have no choice but to argue that the two payments were induced as a result of several credits not being processed, or the fact that multiple transactions did not complete and that was the root cause of the two payments and thus one of the payments qualifies for a chargeback.   It is likely I will require a degree of latitude from the Court for not making this clearer earlier, however this can hopefully be cleared up in my witness statement prior to any strike out or judgement hearing. It may be possible to argue that what I was asking Lloyds to carry out amounted to a chargeback and that Lloyds staff should have been aware of this and therefore were incorrect in insisting that I should contact the merchant. If I am successful I will consider asking the Court to make a discretionary award for the inconvenience I have been caused as a result of Lloyds misconstruing the dispute as a Section 75 claim. This can be evidenced by the phone call where their customer agents I spoke to took little notice of the circumstances surrounding the payments.
    • Hi all,   sent parcel 08:53am 25/11/21 (next day), Contacted Hermes due to no collection 25/11/21 and was told it would be collected 26/11/21 (never happened) it was collected on 27/11/21 delivery Monday according to tracker. But only looked on Friday.    Contacted the retailer Friday asking about the returned items and what the outcome will be.    got a reply saying no items/package delivered I said to retailer that they was delivered Monday morning 11:40ish according to the tracker.    I even sent them the picture of the delivery location (which was outside there building) on the top of the steps.    so I contacted myhermes and explained the situation I’m now in. I’ve explained I sent the items back as agreed and should have arrived Friday and ended up being Monday.   I’ve had a reply today (7/12/21) Am here it is as follows.    Good Afternoon,   Thank you for getting in touch with your enquiry.  Unfortunately, the courier is unable to recall this specific parcel due to the length of time that has elapsed We can confirm that the courier was on the correct street at the time of delivery however, I cannot provide the location this parcel was left. I have tried my utmost to gain as much as information, but this is all I can provide.   We are sorry this situation has occurred, If the customer has not yet received this parcel a refund or replacement will need to be agreed with the customer. Please follow your usual claims procedure. For any deliveries which don’t require a signature, please let your customer know if they have a safe place to leave the parcel it can be updated here https://new.myhermes.co.uk/track.html#/.   Kind Regards Cris Customer Resolutions Advisor   I the sender and the customer at the same time so I’m lost in there reply.  I get it they use copy and paste. But Refund or replacement I can not do for myself     do the monkeys not understand what we say to them in the phone call.   now I’m thinking with that reply it’s ohh well !!!!     I have emailed them the amount for replacement items will be as in invoices I have. Total asked for is £102.94 which includes the £5 postage (which is of course no added insurance)   I declared that it contained RW8’s which FYI is circulating pumps for my marine tank. I’ll be contacting them again in the morning 8/12/21 regarding the reply.    now the next step is claim I take it.       
    • US father fired on Zoom describes 'callous' callView the full article
    • Every parking company (PC) seeking keeper names and addresses must sign a contract with DVLA. This is called the KADOE (Keeper of vehicle At Date Of Event) Contract and Clause B2.1 permits the PC to seek recovery of unpaid  Parking Charges in accordance with the Accredited Trade Association Code of Practice (CoP). So 'reasonable cause' for data access is conditional upon CoP observance.   There are two CoPs:  British Parking Association (BPA) and Independent Parking Community (IPC).  Clauses 2.4, 2.6 and 4.3 of the BPA Code and Clauses 2, 2.1, 2.4, 2.42 and 3.1 of the IPC Code require PCs to comply with the Law.   That law will include: the Town and Country Planning Act 1990 whereby ANPR cameras (except those attached to buildings or pre-existing mounts such as lamp-posts) require planning permission;  and, separately, the Advertisement Regulations  2007 whereby the installation of unauthorised signs is a criminal offence (Level 4), with a fine of up to £2,500 per sign.    Almost invariably Local Planning Authorities (LPAs) consider parking signs to belong to Class 2A of Schedule 3 of the Regs, so any sign larger than 0.3sqm in area requires express consent. Some 95% of a sample of 3,000 private land parking sites across England and Wales have been found to have displayed signs larger than this threshold. Almost invariably LPAs state that advert consent cannot be back-dated, so even if advert consent is applied for belatedly (usually after 'outing' by angry Parking Charge victims!) it is only valid from the date of the Decision Notice, prospectively.   Next, Clause C1.1 of KADOE also requires that signs must comply with the Law and with the CoP. KADOE also requires its licensees to comply with Industry Best Practice (usually Clause A5 or A6).  Even PC / landowner contracts and PC / hospital contracts often require PCs to comply with the Law, KADOE, CoP and Best Practice.   (To be continued, as space limited)    (Continued, 2)   This is what the higher courts have to say regarding access to DVLA data files:   1)  In the High Court in Stephen Duff v. Secretary of State for Transport ANORS [2015] EWHC 1605 (Admin) Mr Justice Edis at para [38] of his judgment said: "In any event, a person who wanted disclosure to enforce a genuine liability by improper means would have a cause for wanting it but not a reasonable cause. The function of the policy is to prevent malpractice and thus to ensure that disclosure is made to those whose cause is reasonable in this sense".  (Emphasis added).   Erection of illegal signage, breach of POFA, breach of KADOE and/or breach of a CoP, for example, would constitute improper means.   2) In ParkingEye v. Somerfield [2011] EWHC 4023 QB.  In the High Court. HHJ Hegarty at [263] held that the ParkingEye / landowner contract: "...in effect, required all necessary planning permissions and other consents to be obtained before the installation could proceed".  (Emphasis added).   3) In ParkingEye v. Beavis [2015] in the Supreme Court, where at [111] seven Law Lords considered the evidence, the majority concluded: ".....while the Code of Practice is not a contractual document, it is in practice binding on the operator since its existence and observance is a condition of his ability to obtain details of the registered keeper from the DVLA".   (Emphasis added).
    • Actually the direct link to starting a claim on the service is /img/lib/opengraph-image.png?0.26.0 Try the new online service - Money Claims WWW.MONEYCLAIMS.SERVICE.GOV.UK   I see that it is in beta so it is still being trialled. By means go ahead and try it out. I expect that it all leads to the same place in the end but maybe you can let us know what you think about it. It certainly looks more friendly
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Boobaby vs GE Capital & DCA - Help please !!


Boobaby
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HI Boo, That will definately give the Directors office compliance units of the CRA's something to think about to think about, the more people who write in this way to the CRA's the better it will make them realise they can no longer "pull the wool over" individuals anymore.

 

sparkie

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I have also received this letter this morning from a Company called IMPERIAL SOLUTIONS (UK) LTD - agents for Capital Bamk PLC / Forthright Finance (wonder what happened to BCW??)

THIS IS A NOTICE OF INTENDED COURT ACTION, VALID EVEN IF NOT READ BY YOU

TAKE NOTICE that documents may be prepared for the issue of proceedings for RECOVERY OF DEBT details of which are given below

 

AMOUNT DUE ******

 

ACCOUNT ********

 

WHAT YOU ARE REQUIRED TO DO

 

Pay the full amount due by 10.00am on 28th May

 

Payment details etc.....

 

If you fail to pay or seek help from us couty action may be issued without further warning to you. Court fees, legal xosts and interest may add to the sum you owe now. If any judgement remains unpaid the following steps may be taken:

* Deductions from your salary

* Seizure and sale of property

* Your means examined at court

 

I phoned this company and asked when they'd been contacted to act on behalf of GE Capital. They told me that it was two days prior to my receiving this letter (a week after I'd sent my Court Action pending letter)!!

I then informed them that this account was in dispute, and GE Capital had been reported to the OFT & the ICO for non-compliance etc... the young girl on the other end of the phone, in an effort to get me off the phone as she knew nothing, told me that I would need to contact GE Capital direct.

This could be construed as quite a frightening, threatening letter yet still remains the only correspondence to be received from GE Capital even if indirectly since this all started last August.

 

Any advice, do I now contact GE Capital again or just push ahead with the Court Action?

 

Boo x

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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HI Boo, That will definately give the Directors office compliance units of the CRA's something to think about to think about, the more people who write in this way to the CRA's the better it will make them realise they can no longer "pull the wool over" individuals anymore.

 

sparkie

 

Hi Spark how are things with you? I will have a chance to look at your thread etc in the next few days.

 

Take care

Boo x

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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Boo, Write back to this Imperaial solutions and tell them in no uncertain terms ....not to contact you again in any way by letter, phone etc ( bluff them by saying any incoming calls from them will be recorded by you to be used in evidence against them)and that they should proceed with their Court Action as you will the counterclaim for wrongful pursuit o a debt under section 40 of the Administration of Justice Act which although is a criminal offence does have a civil remedy clause within that Act.

 

sparkie

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  • 1 month later...

Hey Boo, how's it going?

 

What's the crack with this now?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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  • 4 weeks later...

Boo, have you managed to sort all this out?

Check out the threads below for updates on the DCA's that I am dealing with.

 

GE Money/CL Finance/Howard Cohen & Co - AND - Aktiv Kapital/Appleton Massey Solicitors - IN COURT

Cabot x 2 for Vanquis & Hitatchi - DEFAULTED ON CCA REQUEST

Lowell for Capital One - CANCELLED DEBT!! Trying to get Default removed now

Moorcroft x 2 for Halifax Loan & Bank Account - RETURNED TO HALIFAX

Wescot for Halifax Bank Account - RETURNED TO HALIFAX

Cap Quest for Argos Card - RETURNED TO ARGOS

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  • 5 months later...
Hey Boo, how's it going?

 

What's the crack with this now?

 

Haven't posted for a while but do check in with the site on a regular basis!

Happy New Year to everyone - lets hope it's in our Financial Favour?

 

Hi hun and anyone else who is interested in this thread and it's outcome etc...

 

BCW returned this account to GEC. Who then passed it onto Imperial Solutions who then passed it back to GEC - after a couple of letters from myself explaining the situation etc...

 

Personally I think they were both cheesed off with the way that GE Capital had operated this account. From what I can gather BCW kept requesting information from GEC including a copy of the original signed agreement which for 18 + months was not forthcoming. I know they were fed up with me and the contesting process so much so BCW finally gave up the ghost and sent this questionable account back to GE Capital.

Imperial said they hadn't been given any of the facts and felt unable to continue with the account so they also sent it back!

I have not had any correspondence from anyone at GEC confirming the return of this account or anything regarding another DCA chasing payment etc.

I checked my credit file data etc... recently only to find a settled symbol amongst numerous defauts.

 

No letter or correspondence confirming this but the relief experienced is beyond belief. Glad I stuck to my guns and carried on pursuing the issues.

These people made my life an absolute misery a few years ago but thanks to the many many people using CAG who have given myself and thousands of others the confidence, the resources and the advice to stand up to some of these large organisations who can no longer hide behind the skirts of those using bully boy tactics this has now been resolved.

 

THANK YOU

 

BOO XXX:wink:

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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Haven't posted for a while but do check in with the site on a regular basis!

Happy New Year to everyone - lets hope it's in our Financial Favour?

 

Hi hun and anyone else who is interested in this thread and it's outcome etc...

 

BCW returned this account to GEC. Who then passed it onto Imperial Solutions who then passed it back to GEC - after a couple of letters from myself explaining the situation etc...

 

Personally I think they were both cheesed off with the way that GE Capital had operated this account. From what I can gather BCW kept requesting information from GEC including a copy of the original signed agreement which for 18 + months was not forthcoming. I know they were fed up with me and the contesting process so much so BCW finally gave up the ghost and sent this questionable account back to GE Capital.

Imperial said they hadn't been given any of the facts and felt unable to continue with the account so they also sent it back!

I have not had any correspondence from anyone at GEC confirming the return of this account or anything regarding another DCA chasing payment etc.

I checked my credit file data etc... recently only to find a settled symbol amongst numerous defauts.

 

No letter or correspondence confirming this but the relief experienced is beyond belief. Glad I stuck to my guns and carried on pursuing the issues.

These people made my life an absolute misery a few years ago but thanks to the many many people using CAG who have given myself and thousands of others the confidence, the resources and the advice to stand up to some of these large organisations who can no longer hide behind the skirts of those using bully boy tactics this has now been resolved.

 

THANK YOU

 

BOO XXX:wink:

 

Hey Boo,

 

Happy New Year - good to hear from you.

 

Congratulations on this outcome.

 

I don't mean to pee on your parade, but I would not settle too much on this without written confirmation that the account has wiped - otherwise they can basically re-apply to default (or other bad info) and then you'll have to start the whole situation again.

 

Make sure you stay around and keep in touch hun x

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Hey Boo,

 

Happy New Year - good to hear from you.

 

Congratulations on this outcome.

 

I don't mean to pee on your parade, but I would not settle too much on this without written confirmation that the account has wiped - otherwise they can basically re-apply to default (or other bad info) and then you'll have to start the whole situation again.

 

Make sure you stay around and keep in touch hun x

 

Great to hear from you sweetie.

 

I absolutely hear what you are saying. I have been sitting on this for a couple of months, frightened that it would turn around and bite me on the bum - again!

 

I am a bit wary about writing to GEC for obvious reasons, but also I don't want to rely on what my eyes have seen alone!

I would just like to kick back and relax, reassured that all IS what it seems and there is nothing lurking below so to speak!! - silly me I know but not quite sure what else to do/think..

 

Boo x

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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Great to hear from you sweetie.

 

I absolutely hear what you are saying. I have been sitting on this for a couple of months, frightened that it would turn around and bite me on the bum - again!

 

I am a bit wary about writing to GEC for obvious reasons, but also I don't want to rely on what my eyes have seen alone!

I would just like to kick back and relax, reassured that all IS what it seems and there is nothing lurking below so to speak!! - silly me I know but not quite sure what else to do/think..

 

Boo x

 

I know exactly what you mean hun.

 

Maybe sit on it for a while, then if they put it all back, write to them again! :)

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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I know exactly what you mean hun.

 

Maybe sit on it for a while, then if they put it all back, write to them again! :)

 

My thinking too lovely, thanks for that!

 

Boo x

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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Share on other sites

Sorry Boo, didn't mean to patronise you or anything!!

  • Haha 1

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Sorry Boo, didn't mean to patronise you or anything!!

 

You have never patronised, in fact it's always been a pleasure to converse with you and I have always found your advice and support extremely helpful.

 

I appreciate all advice - particularly from one as knowledgable as yourself ;)

 

Boo x

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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Share on other sites

Aw boo, thanks for that - same to you hun.

 

Take care and keep in touch!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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