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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.
  • 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

Baines & Ernst now CCCS - many debts


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GETTING FED UP WITH IT ALL...:(

why is this cabot crap taking so long ?

is it me ? I dont seem to be able to stick to my timetables when i come home from my 12 hr day i end up noding off and leaveing things till tomorrow..

i thought after my personal win at citifinancial that this would follow the same path seeing as they dont have the CCA .:(

to wait another two weeks is bordering on the unbearable..:-x

 

sorry for the moan..

spuddly

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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GETTING FED UP WITH IT ALL...:(

why is this cabot crap taking so long ?

is it me ? I dont seem to be able to stick to my timetables when i come home from my 12 hr day i end up noding off and leaveing things till tomorrow..

i thought after my personal win at citifinancial that this would follow the same path seeing as they dont have the CCA .:(

to wait another two weeks is bordering on the unbearable..:-x

 

sorry for the moan..

spuddly

Just two weeks to get these a holes off you case. Worth it I think

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Thank you for your continuing support.

spuddly

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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on a positive note...sent final payment to halifax loan £95 contacted them over the phone and asked for letter to send to my credit file company to prove no account with them so then remove from file straight away , as i did with citifinancial last week and checked my file today NO DETAILS left on file ( i scanned the account closure letter from citifinancial and attached it to the enquiry ) :D

 

paid overdraft off finally halifax £152:D

 

chatham finance accepted two payments to settle one this week £250 ,one a month from now£250 , thats them done as well:D so i will have settled four accounts by this time in august.

 

 

(off topic i know but i feel tons better now reading this here )

spuddly

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Thanlks for the support..:)

1 week is over and still no contact from Cabot or Citicards...:D

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Been to TS today about CITICARDS/CRAPBOT still no CCA or T&C after given a further 2 weeks notice( good film!!), i digress,told to report the SOB to FSA ASAP by phone or "tinternet".

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Been to TS today about CITICARDS/CRAPBOT still no CCA or T&C after given a further 2 weeks notice( good film!!), i digress,told to report the SOB to FSA ASAP by phone or "tinternet".
GO FOR IT:D

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Just thought i would post my next communication i am sending .

 

Cabot financial (Europe) ltd

PO Box No 241

West mailing

Kent

ME19 4NA

COMPLAINT

Dear Sir or Madam

Re

Despite numerous requests to Cabot financial (UK)/ The Associates, I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment has not been complied with.

 

Further, I do not acknowledge any debt to Cabot/citicards.

 

Regarding the original reply 26/03/07 I was told it would be 21 days but could take 8-10 weeks to retrieve the information required from archives it has now been 19 weeks and still no credit agreement or deeds of assignment.

 

On the 27/06/07 I received a phone call from CITICARDS, to say I was surprised is an understatement as I had no idea who they were? I was informed that they had bought The Associates a few years earlier and why was I asking for a copy of the agreement, I explained my reasons why and was told that the agreement still exists and it would take a further 2-3 weeks to retrieve from archives in the meantime I would be sent a copy of the terms and conditions within the next few days, it has now been 6 weeks and I have not received anything.

 

May I point out that at no time was I informed of CITICARDS purchasing The Associates and therefore my account with The Associates had been transferred to CITICARDS ownership? I believe I should have been notified at the time by letter from both parties involved of my account transfer, I have received no such letters (Deeds of Assignment) I believe that my DATA has been shared without my knowledge or consent under the DATA protection act 1998, which I intend to report to the information commissioner’s office. I sought further advice from trading standards and they contacted citicards and spoke to Joanne who confirmed I was the account holder before she would discuss the account with T/S officer Joanne told T/S that they have the letter that I sent requesting the CCA but don’t know where the £1 cheque is that I sent with the letter.

And it will take them a further 2 weeks whilst they find my CCA as they have to send a request internally, two weeks have passed and still nothing.

 

I have been back to Trading standards and been advised to report the matter to FSA.

 

In my personal opinion and after dealing with other creditors who have been able to produce all the relevant Credit agreements within the allotted timeframe I feel that the whole procedure in dealing with Cabot/ Citicards has been a long and unnecessary process that should have been resolved within the 8-10 weeks as promised in the original letter.

 

To resolve this complaint

 

1. I would like a true copy of my Credit agreement

2. I would like a true copy of the Deed of Assignment

 

If these cannot be produced

 

1. The account closing

2. A zero balance

3. Removal of all defaults entered by Cabot/kings hill no1 /The associates also including citicards. Note this is to be a complete deletion and not merely an amendment

4. Also you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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unfortunatley i posted the letter earlier today..

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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recieved this in the post today

 

citicards1stletterdeit.jpg

citicards1stletterdeit-1.jpg

 

first attempt blurred posted again..

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Nevertheless, I'm sure that our friends will need to rely on it as no doubt it is all they have.

 

Which begs the question... if Citi KNOW that all they have is an application form, unenforcable in law, don't Cabot have a case to go back to Citi to ask what the feck they think they are playing at?

 

But of course, that's totally up to them. Isn't it, my little MIB chums?????

 

:):):):):):)

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hmmmm..!! loosks like more fuel for my chimenia.

well i was expecting my first letter from citi to be a copy of the T&C at least with this letter?

also i was told on the phone a few weeks ago that they DID have a copy of my agreement and it was on its way ...So is christmas love:p .

spuddly:)

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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what do you think to this next reply from CITI.......

 

 

 

 

citinoobligationdoc.jpg

 

 

looks to me like cabot are in for a rough time!!

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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They have broken the Law.

 

From the Data Protection Act 1998

SCHEDULE 1

The data protection principles

Part I

The principles

 

1 Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless—

(a)at least one of the conditions in Schedule 2 is met, and

(b)in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.

2 Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

3 Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

4 Personal data shall be accurate and, where necessary, kept up to date.

5 Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6 Personal data shall be processed in accordance with the rights of data subjects under this Act.

7 Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

8 Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

 

From ICO's Data Protection Act 1998 Legal Guidance

 

Chapter 3: The Data Protection Principles

3.1.4 Lawfulness

 

The Act does not provide any guidance on the meaning of “lawful”. The natural meaning of unlawful has been broadly described by the Courts as “something which is contrary to some law or enactment or is done without lawful justification or excuse”.

(R v R [1991] 4All ER 481). The term applies equally to the public and private sector and to breaches of both statute and common law, whether criminal or civil. An example of information unlawfully obtained might be information, which is obtained as a result of a breach of confidence or in breach of an enforceable contractual agreement. Since 2 October 2000 it applies to a breach of the Human Rights Act 1998 by a data controller bound by that Act.

 

Citi are not permitted to sell your data or pass it on until they comply with the CCA request. Cabot are not allowed to process your data until such as a time as Citi comply with your CCA request. Both can be reported to the ICO at this time.

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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what do you think to this next reply from CITI.......

 

 

 

 

citinoobligationdoc.jpg

 

 

looks to me like cabot are in for a rough time!!

 

 

Hi,

 

 

This is almost exactly the same letter that they sent me!

 

It does look like the "rights and duties" have gone from Citi!

 

Funny how only the rights have ended up with Cabot!:grin:

 

Now where the hell are them f****** duties at!!?:-)

 

 

Regards, Jeff.

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Now where the hell are them f****** duties at!!?:-)

 

There is a big chasm between the OC and the debt byer :D:)

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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Hi,

 

 

This is almost exactly the same letter that they sent me!

 

It does look like the "rights and duties" have gone from Citi!

 

Funny how only the rights have ended up with Cabot!:grin:

 

Now where the hell are them f****** duties at!!?:-)

 

 

Regards, Jeff.

 

 

I have a letter like this off CITI too - like you I wonder how only the "Rights" end up with Cabots - Me thinks they have "selective reading syndrome" in there!! :confused:

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ok, here is there response to a complaint i made to Crapbot

 

cabotcomplaintresponse.jpg

comments....plz

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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