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    • What you have uploaded is a letter with daft empty threats from third-party paper tigers.  Just ignore it. What we need to see is the original invoice you received last October or November.
    • Thanks for posting the CPR contents. i do wish you hadn't blanked out the dates and times since at times they can be relevant . Can you please repost including times and dates. They say that they sent a copy of  the original  PCN that they sent to the Hirer  along with your hire agreement documents. Did you receive them and if so can you please upload the original PCN without erasing dates and times. If they did include  all the paperwork they said, then that PCN is pretty near compliant except for their error with the discount time. In the Act it isn't actually specified but to offer a discount for 14 days from the OFFENCE is a joke. the offence occurred probably a couple of months prior to you receiving your Notice to Hirer.  Also the words in parentheses n the Act have been missed off. Section 14 [5][c] (c)warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid; Though it states "if any applicable ...." as opposed to "if all applicable......" in Section 8 or 9. Maybe the Site could explain what the difference between the two terms mean if there is a difference. Also on your claim form they keeper referring to you as the driver or the keeper.  You are the Hirer and only the Hirer is responsible for the charge EVEN IF THEY WEREN'T THE DRIVER. So they cannot pursue the driver and nowhere in the Hirer section of the Act is the hirer ever named as the keeper so NPC are pursuing the wrong person.  
    • This is simply a scam site.  It's been shown to be a scam in the national press and on national TV. Please fill in the the forum sticky and upload the invoice you've received. In fact what you have is an invoice, not a fine, a private company doesn't have the power to issue fines.  
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    • 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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Taking back control of your finances


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In my experience, as long as you keep to the repayments, even when they say it has to be done by DD, you can usually change to SO and they don't say anything. A lot of loan ones are quite happy to accept SO nowadays. Contact them and say that you need the account no & sort code to do BACS so you can make additional payments, and Bob's your uncle. ;-)

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  • 10 months later...
  • 1 month later...

EXCELLENT WORK BY THE OFT AGAINST A DCA

See the latest action published on 21st April 2009 and valuable OFT opinions to cite to other DCAs and the County Courts.

http://www.oft.gov.uk:80/news/press/2009/44-09

“Under the Limitation Act 1980, which applies to England and Wales, a debt is considered to be statute barred when no payments have been made against it or where it has not been acknowledged for six years. A statute barred debt cannot be legally recovered. Whilst the OFT accepts that the debt still exists, the OFT considers that it can be unfair to pursue the debt in the circumstances set out in our Debt Collection Guidance

Quote from the OFT MACKENZIE HALL PDF document:

“REQUIREMENTS IMPOSED BY THE OFT REQUIREMENTS RELATING TO:

MACKENZIE HALL LIMITED

A debt is considered as in dispute where:

A request under section 77 or 78 of the Consumer Credit Act 1974 has not been complied with, and this prevents the agreement being enforced without the permission of the court”

I suggest that the above reference to ss.77 and 78 of the CCA 1974 is a very strong endorsement of the rights of consumers to be provided with true copies of Regulated agreements.

HTH

Regards – Richard.

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  • 3 weeks later...
  • 4 months later...

provident are going roung to customers having bought up old debt from other companies more than 6 years old and telling them they have to sign up to repay them via them!!!????

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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can weekly doorstep lenders insist on monthly 'in advance' payment? I thought that creditors were not allowed to collect early on payments due?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Maybelline, you might want to get those questions into the DCA forum where they'll get more exposure. If you can provide more info about Provident's actions, that would be helpful. And no, if agreement is for weekly payments, then that's what it is, they can't then change it.

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there is already a thread on this matter i will find and link it to here but i know its title is summing like provident collecting for wescott.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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heres the thread.

 

Provident Collecting??

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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can weekly doorstep lenders insist on monthly 'in advance' payment? I thought that creditors were not allowed to collect early on payments due?

 

They shouldn't be doing that.. afterall, the payments are not 'due'

 

btw - I wouldn't sign anything!

 

You mention an old debt, was there ever a period of time in which it wasn't paid?

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  • 3 weeks later...

hello everyone and again Bookworm a fab and truely awesome thread thanks

 

me too have got my internet banking set up and got sto set up ie council, water and it does show you chipping it away at the total originally owed

 

some weeks i pay more and its a great feeling

 

got my credit union loan and savings set up this way too and i just love it

 

so will see if i can learn more from this thread so thanks to all

 

have a sunny day laters angel x:)

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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I have sent the letter disputing the new draconian charges regime (thanks Bookworm for that), and have yet to receive a reply. I seriously doubt I'll receive one before the switch over anyway.

 

We have a £1500 overdraft which is well used. We had hoped that A&L would match their overdraft so we could pay off Halifax and pay less with A&L. But because we'd not been in credit for a long time, they wouldn't give us one. Fair enough, that was one of the criteria but we applied anyway.

 

We were considering taking out a loan which would've cost us £53 but after reading this, then I'll definitely be taking the cheaper approach. I'm just about to call the tax credits and child benefit people to transfer payments to A&L, the last DD for the mobile phone contract and finally the SO for the mortgage (who we took out with Halifax).

 

I am about to craft a letter to Halifax about the overdraft to make the offer of repayment. I'm gong to offer £30 per month plus the option to pay extra when we can afford it, which will be possible in the new year as the annual water bill is DD over 8 months, and the council tax is over 10 months.

 

Saying that, I have a job interview this afternoon so if I'm successful with that, it can be paid off a damn sight quicker. :D

 

Anyway, that's the background, now my query. Has anybody here had any success with this approach? Have Halifax been lenient or have they used bullying tactics etc, or am I asking a rhetorical question? :rolleyes:

 

Edit: Incidentally, if I send an initial payment by cheque, who do I make it out to? Myself?

Edited by bigyeti
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  • 2 months later...

I would love to do Internet Banking but I only have a basic bank account with Barclays as my credit is sh*te. You can't do standing orders on it unless you fill out a form and take it into the bank to get them to action it. I opened that in 2006 because I had problems during my divorce. I can internet bank from my savings account but can't pay bills.

I had accounts with Lloyds and NatWest which I could do SO's on and I do miss it because I am disabled.

 

Yes I am sorting out my finances and it feels good, even my addiction to Facebook seems to have gone. :-D

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  • 6 months later...

Interesting thread. Posting to bump it back up the queue:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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