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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Karalius
      ParkingEye/DCB(L) ANPR PCN no.1. 15/09/2020 - Letter of Claim now Claimform - - Hallsville Quarter, London Basement And Surface

      By Karalius · Posted

      Thanks. Have sent it off. 
    • lookinforinfo
      GroupNexus ANCR PCN arrived too late but do I have to prove it and if so how?

      By lookinforinfo · Posted

      Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • little old lady
      GroupNexus ANCR PCN arrived too late but do I have to prove it and if so how?

      By little old lady · Posted

      Hi I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof? 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No    Have you had a response?  n/a 7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice'  
    • mystic_bertie
      UKPC/DCBL ANPR PCN - appealed PAPLOC Now Claimform - Mcdonalds Bristol Patchway, 562 BS34 5TQ ***Claim Discontinued***

      By mystic_bertie · Posted

      lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • tobyjugg2
      I see Octopus have started using the old EON 'tricks to try an install smart meters

      By tobyjugg2 · Posted

      Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    

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      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Metropolitan Collection Services Ltd

acy6er

By acy6er
in Debt Collection Agencies

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jysmystry

jysmystry

Posted
Posted

hehe great stuff. Remember that if they keep ringing you after they have got the letter remind tham that their continuing to do so might constitute harrassment and that you shall be logging the date and frequency of their calls to support your imminent complaint to that effect.

 

Right before you hang up on them you might also want to politly inform that that as they have failed to provide the credit agreement within the 12 day period prescribed the debt they are referring to is only an alleged debt and as such is, until a copy of that agreement be produced, unenforcable.

 

Then hang up :)

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reduk054

reduk054

Posted
Posted

Acy6er, tomorrow is the 12th working day ? Is that including any allowance for delivery (normally 2 working days)? Whenever the day is though, I wish all the best for you, and hope that no news is good news! :)

Red

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tooth_fairy

tooth_fairy

Posted
Posted

My hubby was dealing with MCS until Pay Plan took over

 

When he informed them he was now going into a managed payment plan, they then tried to say he couldn't! He went into the plan which meant they were getting £72 a month rather than £320, they offered a settlement of £10k on a £19k loan with £13k outstanding, hubby offered £1900 but they rejected saying they could go to £7K but no less.

 

Good luck with them.

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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meagain

meagain

Posted
Posted

When they phone me up, since they only ever identify themselves as "MCS", I just tell them that if they won't identify themselves properly, I'm not going to deal with them. I typically end with the line "After all, it's not like I owe you money or anything like that, is it?" :)

HSBC • Lloyds TSB • contractual interest • New Tax Credits • coming for you? • NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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tooth_fairy

tooth_fairy

Posted
Posted

They always used to call hubby really late, like 9pm and if I answered they'd tell me they needed to speak to hubby, when I asked who it was they'd either say

 

'It's a highly important buisness account call from MCS, regarding his buisness' to which I'd reply:

 

OK, is it about THE business?

YES

Well I'm the owner of THE business, so you can talk to me if it is about business can't you, as obviously I am named on THE business account you can speak to me?

Er, No

So you're not calling about THE business account then?

No

My husband will not take calls from an unauthorised and unknown to him company, so you need to correspond in writing to him please.

We can't do that

Why can't you write?!

No...

MCS would ALWAYS hang up then!

 

or

 

A very naughty one

 

Hello, this is MCS, I am urgently looking for Mr Tooth Fairy, regarding a very sensitive matter.

Is it about his vasectomy?

 

They almost choked and always hung up!

 

Needless to say I am sure they thought they were ringing a weirdo and soon stopped calling!

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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reduk054

reduk054

Posted
Posted

Tooth fairy and meagain, your threads are hilarious,:D

I like having a laugh at a DCA's expense, and tooth fairy, I am going to use your vasectomy line as it is a classic! Oh the fun! How naughty but very very very funny.

:) Red

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tooth_fairy

tooth_fairy

Posted
Posted

Yes but it took about 20 phone calls for me to come up with that and hubby was sooo angry at me at first, then he saw the funny side!

Try it by all means....the reaction is hilarious!

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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tooth_fairy

tooth_fairy

Posted
Posted

Yes, he is with Pay Plan and I am with CCCS, I have 2 big debts that are nearly gone now, hopefully with the reclaimation of charges from Natwest, all hubby's debts were with HSBC and thus MCS, hence 3 lots of calls.

 

However, we are lucky that were paying £1900 a month to our debts before and really struggling as we were both made redundant at similar times, after living off savings for a while, these dwindled and we very nearly lost our home, even when we both found new empolyment, we were paying out more than we were earning, and with debts moutning we decided to go down the DMP route, Pay Plan couldn't help me as I only had £54 per month left over but CCCS could help by jiggling some figures and I now pay £104 per month and hubby pays £290 after opting to go self employed and he now earns a fair wage and he hopes he can offer settlements early next year on 2 of the 3 debts.

 

Thanks for asking though... I hope it may also give a glimmer of hope to anyone in the same position.

 

TF x

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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acy6er

acy6er

Posted
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Posted

OK, I have calculated the working days out lots of times, and I am sure tomorrow (Friday) is day 12.

 

What do I day after day 12?

 

I have posted the anti-telephoning letter.

 

Liz

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Seahorse

Seahorse

Posted
Posted

I find it absolutely incredible that anyone representing a creditor and advising on matters of law, is NOT fully conversant with the CCA 1974. I include both the creditor's in-house legal team, and any solicitor advising said creditor.

 

This begs several questions then, not least of which is, are we really expected to believe that this is an act of incompetence to make the statements as witnessed by Richard? And if it is not down to ignorance of an Act, which with all due respect should be bread and butter to these people, what other explanation could there be? Might I go so far as to suggest that any company who replies to a debtor that the Act specifically excludes the requirement to comply with the Act, is guilty of attempted fraud?

 

I would welcome any other interpretation, as it is quite possible I am being somewhat naive.

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tomterm8

tomterm8

Posted
Posted

I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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ScarletPimpernel

ScarletPimpernel

Posted
Posted
Might I go so far as to suggest that any company who replies to a debtor that the Act specifically excludes the requirement to comply with the Act, is guilty of attempted fraud?

 

 

I agree that the most likely explanation is simply ignorance or incompetence. However, as none of them seem prepared to put into writing what they've said on the telephone, I suspect that on some occasions they certainly attempt to deliberately mislead if not defraud.

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Seahorse

Seahorse

Posted
Posted

Sorry Liz, I almost forgot this thread since I hadn't subscribed.

 

Yes, if they are in default, and as the debt is in dispute, you certainly may cease payment. Write to them telling them that this is what you aee doing, along with the reasons for doing so. And it might be useful if you add in that, of course you will be more than willing to recommence a payment regime, as and when they can prove to your satisfaction the validity and true amount of any debt that may in fact be owed.

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acy6er

acy6er

Posted
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Have thought of something else!

 

Despite the letter being sent to them 3 weeks ago this Monday, on the Royal Mail website it still keeps saying to "check again later" to see if its been delivered :-(

 

Is there a template to use for this sort of letter?

 

Thanks.

Liz

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joesoap

joesoap

Posted
Posted
Have thought of something else!

 

Despite the letter being sent to them 3 weeks ago this Monday, on the Royal Mail website it still keeps saying to "check again later" to see if its been delivered :-(

 

Is there a template to use for this sort of letter?

 

Thanks.

Liz

 

Liz

 

This is not unique. I have had a few instances like this with Fredrickson (twice), Logic Plc and Shop Direct. After complaining to the Royal Mail, I have so far, received two books of first class stamps as a "sorry, we can't find your recorded delivery letters". It's not them, it's the posties not doing their job properly!!

 

Ian

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tomterm8

tomterm8

Posted
Posted

I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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