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    • a) Debit transfer into his personal account  b) i - yes     ii - yes   iii - initially quoted £25,000 - £30,000 for the whole job.  This escalated to nearly £44,000.  Would ask for money in stages for materials and labour. c) Runs a Ltd company with his wife d) Assets include van, own digger, dumper and cement mixer but kept in unknown location    Solicitor advised not to throw good money after bad as he could just shut down company.  
    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
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3 Mobile! New Contract - £150 Deposit Charge


Semi
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Hi.

 

well to start my Credit score is awful, but i have no defaults.

 

I recently left Vodafone and decided to move to 3 on there special promotional tariff of 500 mins for £15.

 

When taking the contract out, the store guy put my name in, and said i passed the credit chek, but i have to pay £150 as i am a high risk.

i was told i would get the £150 after the 18 months. but i was also told if i missed a payment i would lose the £150 as a deposit.

 

i stil went thru witht the contract as i thought it was a good deal and was only being offered for another 2 days.

 

i want to know where i stand with getting this £150 back asap.

 

as im sure i have a 14 day cool off period. so i could say give me the money or i would leave your network.

 

please help.

 

thankyou.

 

p.s luckily when i hesitated when the £150 charge was mentioned he threw me in an official SonyEricsson £50 bluetooth headset in. when at first he told me that the accessory deal is not included on this tariff.

 

regards

 

Semi

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£50 bluetooth headset? More like £10

 

Anyway, its quite normal for mobile companies to ask for a deposit if you have poor credit, however usually your first bill or two are taken out of this, sounds like 3 are looking for an excuse not to give you the money back at the end of the agreement.

 

Have you considered a sim only contract? I'm sure for £150 you could get a fairly nice phone(i have a w810i just coming out of contract, and i believe these are now about £130, brilliant phone).

 

I used to have one of these sims, £30/month 1000 texts and 500 minutes from o2 online, no 12 or 18 month contract, just a rolling monthly one.

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If you decide to cancel your contract before the 14 days period DO NOT think you will be getting your money back quickly. I had the same experience - went for a phone, warning the sales person I can NOT provide proof of address on the spot (I didn't have any with me). He said it wasn't a problem, so I went ahead with the order. He said I would have to pay 150 security deposit which would be paid back to me in 12 months (not 18 as in your case). I have agreed, paid the deposit and when I was about to leave the shop he asked me again for a proof of address. After I reminded him I can not provide one, he said he can not release the phone. I said "Fair enough - I cancel the contract and I want my 150 back."

 

He said I will receive the money in 6 weeks (!!!). To cut the long story short - I've sent letters, called every week and I finally got my money back ... 2 months (!!!) later!

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Thanks for the replies.

 

Thing is its not a deposit its just another payment to them.

 

i was behind the counter at one point to sign the form, and could see the screen of his pc, and swear blind it had a paragraph about commision he would get from the £150 deposit payment.

 

does anyone know what 3 insurance i like? as i had vodafone and lost my phone and suprisingly, vodafone was very good with the insurance.

just went in store said i lost it, small phone call and was out within 10 mins with a new phone and sim.

 

gonna write a letter and pester them. i'll even say i don wont the cash, but just credit my account. so at least i got 10 months line rental out the way.

 

regards

 

Semi

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