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    • As above so it is essential you don't appeal and accidentally reveal who was driving. Stay quiet to Met and their pet DCA unless you get a letter before claim.
    • Hello, welcome to CAG. Thank you for the information. To answer your question, we don't recommend appealing at all. It will be a waste of your time and you could end up outing the driver. Ask any questions that you have but basically you keep an eye on this, keep the correspondence and if MET ever they send a Letter Before Claim/Action. If you get to that stage, we'll suggest being proactive. Best, HB EDIT: Could we see the other side of the PCN please? Sometimes there is information that they've left off.
    • Hi All, Can ii get advice on this PCN received at the services near stansted airport. Picked someone up at night and went to grab coffee and snack in mc Ds, and didnt realise there was zones in this car park, it was late dark and pouring with rain so obvious u see the large 60mins parking free and dont stand around reading everything. My son and his mother were in the back of car still as he was sleeping. Ticket appears to be from CCTV camera   should i appeal, then see what they say (assume it will be rejected) then go to POPLA,   Thanks in advance     1 Date of the infringement 28/4/24 2 Date of issue  30/4/24 (says 14 days from date of letter) 3 Date received 4/5/23 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] N 5 Is there any photographic evidence of the event? pic car and n0 plate 6 Have you appealed? [Y/N?] post up your appeal] Not yet Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? MET Parking Services 8. Where exactly [carpark name and town] Southgate Park, Stansted     (parked on starbucks side which was shut) For either option, does it say which appeals body they operate under. cant see it If you have received any other correspondence, please mention it here   No other correspondence     pcn.pdf
    • The 365-day notice account is being offered by saving and investing platform Prosper, in a deal that This is Money has secured exclusively for readers.View the full article
    • If you are confident that citizens advice are going to give you the help you need, then you should stick with them. No point in trying to ride two horses at the same time. It will only lead to confusion and conflicting advice. Also, the people at citizens advice get paid. Everybody on this forum works completely free of charge – no payment – no strings. I hope you get your money back, but for the moment I'm going to close this thread
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      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.  

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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.

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      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.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Information Held By Credit Reference Agencies - Next Directory


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Under s87 of the CCA1974 they have to provide you with a true signed copy of the original default notice. The default notice has to conform to the format of s88 of the CCA 1974. The information in the default notice has to be accurate and in its content conform to the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004. If the default occurred on or after 1st October 2006 the period of notice given in the default notice should be 14 days not 7 days.

 

If a default notice in the proper form is not served, the action cannot proceed. The case that supports this is Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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However, the issue of being able to supply you with a true signed copy of the default notice is slightly irrelevant. If (as I think has been pointed out before) they do not have a copy of the credit agreement they are in breach of the Data Protection Act 1998 by processing your information without a document giving your consent to do so.

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi rory, thanks for all info, reduka must have sent you a pm, much appreciated. The default notice they have sent is definately 'reproduced' and they confirm this in their letter. Also with Next it seems common practice that you do not sign a CCA. Will wait till I receive a reply to last letter I sent them and then will use above info as more ammunition, see where it gets me.

 

Can you think of anything else I should be doing?

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Have you sent them a SAR for all the information they hold? Will cost a tenner and take a while but afterwards they should nothing left that they have not sent you.

 

Mind you I have ended up with court action to get my information

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/97799-next-directory-r-subject.html

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Under s87 of the CCA1974 they have to provide you with a true signed copy of the original default notice. The default notice has to conform to the format of s88 of the CCA 1974. The information in the default notice has to be accurate and in its content conform to the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004. If the default occurred on or after 1st October 2006 the period of notice given in the default notice should be 14 days not 7 days.

 

If a default notice in the proper form is not served, the action cannot proceed. The case that supports this is Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998.

 

Do you think it's okay to include this in the letter to the CRA's asking for removal of default?

 

I had a nice little letter for the CRA's but then Saints said Experian could only remove the default with Next permission! I want to make it clear to the CRA's that it's down to the law not what Next feel like doing!

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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Hi Smel, I am going to include it in my next correspondence to Next, CRA has also contacted Next and at the moment there is a notice of correction on my file. Will update when I receive a reply.

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Can you think of anything else I should be doing?

You may want to send them a section 10 notice.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 8 months later...

Hi Doo,

 

Long time no post, did you or anyone ever get anywhere with Next?

 

I am re-starting my claim and think I can go straight to the courts for the removal of default given the amount of correspondence last year.

 

Smel :)

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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