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    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
  • 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

Elliejay39 v Cap One with CCI (maybe...)**WON**


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Hi there,

I’m just preparing 2 prelim letters for my Cap 1 accounts. I’ve decided (I think!) to include CCI at prelim stage on the basis that had I had that money at the time I would have been able to reduce the balance and avoid paying their exorbitant interest (29.9% APR – I checked)

Now the majority of charges were quite early on as I had a particularly bad few years from 2000 – 2003. This does mean that the CCI increases the amount owed dramatically which is the only thing making me a bit nervous. On account number one the charges + monthly interest charged on them comes to £763 (£632+£131). By adding CCI the final figure comes out as £1913. Does this sound right? I have used Mindzai’s sheet for credit cards v1.1 and as I said before many of the charges were between 2001-2003. The second account is not so dramatic and only doubles the amount owing (gulp!) from £341 (charges +interest levied) to £658 with CCI.

If anyone’s around this weekend and has the chance to offer advice it would be much appreciated.

Thanks in advance

Ellie

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Hi,

 

Well they've both gone! ( or will do when the post office opens tomorrow) I redid both spreadsheets using Vampiresses no 16 and came up with a similar figure (okay a little bit more...) thing is I understand the relationship between the charges and the interest with Vampiresse's spreadies and feel i can argue the case better this way if it gets to court. Bit of a b****r exporting to excel though - and trying to remember to use American date formats. Anyway, there we are.

 

Start the wait now and wait for the legendary Mr Uddy! :grin:

Night, Night

Ex

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Hi Curly Ben,

Go for it! Must admit that I had a bit of a wobble when I did the spreadsheets but then realised these damn charges keep so many people in poverty its a scandal. Had to laugh when I read the computer printout that they sent and the instances of 'into overlimit spiral'! Even their language makes you realise that they know EXACTLY what they are doing. - you could almost feel the glee and hear their champagne corks popping as they toasted another one falling into their beastly trap (evil laugh sound effect...)

Anyway rant over - i did read somewhere else on this site that a Cap 1 worker had suggested that poilicy is that they will NEVER actually go to court to defend so that gave me the courage I needed to test my case as it were. i know others have done the same and won so here goes. I'll keep you posted and good luck.

 

Ellie

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OK just received my Crap1 paperwork and I must say very impressed so far.

They have delivered EVERYTHING I asked for including FULL screen dumps from their computer systems.

 

Now on to the charges.

I'm trying to get my head around the differences between the simple and advanced sheets.

I'm going to go for CI without compund as that would SERIOUSLY bump my claim, way over what I believe is acceptable.

My card dates back to early 2000.

Any advice ?

Be VERY careful whose advice you listen too

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  • 2 weeks later...

I'm wondering I've messed up already...

As my first post stated I sent off 2 prelim letters (one for each account) on 14th April and have heard nothing back from the legendary Mr udy! I originally kept the claims separate as I had read (somewhere) that this was advisable. Having spent even more hours reading around the site it seems that I can't have 2 claims ongoing with same company at the same time (perhaps this would make me a vexatious litigant?).

So what now? Can I amalgamate at LBA stage, do i need to complete one claim before starting next or do I start all over (possibly making myself look like the amateur that I really am..!)

 

Please help

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I must admit the idea of putting both together in your LBA makes sense.

I'd be inclined to give them until Wednesday/Thursday before sending it.

I assume you sent them recorded, as it's possible that they where lost in the post.

Be VERY careful whose advice you listen too

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Hi CB,

 

Both delivered on 17th April so 14 days gives them until Wednesday and I'm happy to wait until next weekend. I think I'm more concerned about whether suddenly combining them gives them ammunition against me in terms of following procedure. Also would I stick to 2 spreadsheets or combine them with an additional column for account number against charge, or perhaps just add a cover sheet with totals on?

 

Did you send yours off?

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Yes I think you're right. I'll wait and see what happens this week - Mr udy might just settle on both with no need for further action:D :D If not I'll amend and combine and i think i'll use separate spreadsheets with a clearly identified COMBINED TOTALS row on front page.

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just getting ready for the next round. How does this sound as a way of combining the two claims?

LETTER BEFORE ACTION

 

Dear Sir/Madam

Re: ACCOUNT NUMBERS: ****************

****************

 

I recently sent you 2 separate letters requesting you refund all charges applied to the above accounts in my name. I am very disappointed that you have failed to respond to either of these letters dated the 14th April 2007 and in an attempt to lessen the administration time spent on both our parts I will from now on deal with both of these accounts as one issue.

 

I now understand that the regime of 'fees' which you have been applying to my accounts in relation to direct debit refusals, over limit fees and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my accounts. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my accounts in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

From account no ****************. I calculate that you have taken £XXX plus £XXX.XX which you have charged me in compounded contractual interest at 29.9 % for the sum which you have taken.

Total £XXX.XX.

 

From account no. **************** I calculate that you have taken £XXX plus £XX.XX which you have charged me in compounded contractual interest at 29.9 % for the sum which you have taken.

Total £XXX.XX.

 

I also claim interest at a rate of 29.9% as set out in the attached list of charges. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on the interest rate that would be applied under the terms of the above mentioned accounts. I am prepared to freeze interest from the date of my first letter in an attempt to encourage early settlement. Therefore the amounts owed as of today’s date remain:

 

Account no.****************

 

 

£X,XXX.XX.

 

Account no. ****************

 

 

£XXX.XX

 

Combined total

 

£XXXX.XX

 

 

 

I am enclosing a copy of the combined schedule of the charges which I am claiming. I have already sent you copies of these in my original letters of the 14th April 2007

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount including interest compounding daily plus my costs and without further notice.

 

All comments & suggestions gratefully received.

 

Thanks

 

Ellie

 

 

 

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Wish you well with Future mortgages. I tried them for the morgage fee and they sent me reams of docs, that I'm yet to thrash through. but i will. Working on cap visa at the mo. them omitted to send the mastercard so another letter and a call 2morrow...

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Thanks Cameo,

I didn't have any joy with the exit fee as they told me they would charge an arm & a leg if I ever escaped:D

Fortunately I had my statements so just going for charges with them - until there is prgress on ERC's....!

Good luck with your claims.

Capone were pretty off the mark with my info - Perhaps they're getting inundated. Did you have both account numbers on S.A.R - (Subject Access Request)?

Are you planning joint or separate claims?

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  • 2 weeks later...

Sent off combined LBA on Tuesday after receiving 2 identical letters from cap1 looking into my complaints from 2 different people: one from mr Udy & one from Ellie Renshaw. Anyway after a lot of thought and consideration as to how to proceed I've sent the LBA to Ms Renshaw for three reasons:

1. she responded to the biggest claim

2. figured Mr Udy had plenty to do given the number of times I've read his name on this forum

3. The coin landed heads up!:D

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Don't mind at all Falcon. I thought about doing 2 claims and it seemed a bit of a waste of everyones time actually and i though it might look bad to the judge. Plus of couse its cheaper to combine the claims...!

I started out with 2 prelims but then combined at LBA but would have started out with just one if I could go back. You just need to be confident in whatever way you choose really. Good luck in either case. Have you started a thread yet?

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  • 1 month later...

Gosh, got quite a lot of updating to do here.

On 17th May I had an letter from Ms Renshaw refunding difference between £20 & £12 which they credited to each account. Of course I wrote back rejecting the offer and advising them i would still be progressing to court. I've heard nothing else and refunds remain on my accounts so have deducted them from bottom of spreadsheet and claim was filed on Monday. I recevied notice of issue back today and Cap one's will be deemed served on 13th June. They have until 27th to reply. Here goes then.....

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Well done Ellie. They will Acknowledge, then say they are defending, then pay out. This happens on nearly every claim submitted. Not long now.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Send them to me if you like with the date you filed..

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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