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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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Guidelines - Requests For An Original Agreement Under The Consumer Credit Act 1974


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Ok. Here are all the documents that I received when I put in my copy of a credit agreement request. To me none of this look like a credit agreement. One of the pages does say credit agreement but there isn't any signatures at all. Another sheet says it's an application.

 

Please would somebody be kind enough to have a look and tell me their thoughts.

 

Many thanks in advance.

Credit Agreement 00.jpg

Credit Agreement 01.jpg

Credit Agreement 02.jpg

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Please start your own thread and post these up there, as you'll get more attention and specific information that shouldn't be posted here.

 

Just keeps the forums clean and tidy. ;)

 

Post a link here once you've done that;

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

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Thats better.

 

Ok.

(1) This is an application form and is not acceptable on its own to enforce an agreement.

 

(2) The first line at the top of

Credit Agreement 04

 

states it is PRE-Contract Information

 

 

(3)

Credit Agreement 05

 

Is dated 12th January 2006 and states that the loan started THAT DAY.

 

(4)

Credit Agreement 02

 

Contains a box for you to sign and date- It is unsigned and undated

Below is the Banks space for the Manager to sign- It is unsigned However it is dated 12th January 2006 - Which is 7 days before they state the loan agreement was to start.

 

 

Please remember that I am not legally qualified and it is only my advice.

GOOD LUCK

hsbcfiddled

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Rubyrose - as has been mentioned, they can supply a copy of the agreement that isn't a copy of the agreement you signed... (if that makes sense). But, before they start court proceedings they had better have a true copy of the agreement showing your signature on a document with prescribed terms - otherwise game over. Contradictory eh?

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Edz you have just given me inspiration as to what to say to the latest DCA on my LTSB card (AIC). I shall simply send them a sheet of A4 with my reference number on the top saying in extremely large print "GAME OVER". :lol::lol::lol:

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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And indeed to DLC/Hillesdens for my Barclaycard.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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EDZ11 -so when am i supposed to get the original signed copy to make sure that it is the original. Are they supposed to disclose it to me before court proceedings. Surly they cannot produce it at the hearing as i would not have been given adequate time to consider its validity.

 

Ruby

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Rubyrose and mobileminx. I sent this letter on my OH behalf to a solicitor acting for a DCA.

 

 

from; mrs hsbcfiddled.

4th December 2007

to; Solicitor

I DO NOT ACKNOWLEDGE ANY DEBT TO DCA

Dear Sirs,

I received today your letter dated 30th November 2007 and postmarked the 3rd December 2007 that was in reply to my letter to you of 12th November 2007

In your letter of 30th November 2007 you have stated that you refuse my offer of £1 per calendar month and suggest £5 PCM even though I have explained my circumstances to you in my previous letter of the 12th November 2007.

However, you appear to have overlooked the fact that my offer of £1 PCM was ONLY IF you were able to produce the original agreement in a court of law.

I have repeatedly requested ‘a true copy of the agreement’.

You are adamant that a reconstructed agreement is acceptable.

I accept that the CCA1974 does allow you to reconstruct an agreement, when requested.

But you must retain the original agreement- why not look up the relevant section in the Consumer Credit Act 1974? You should know! You’re the professionals!

If your client has decided to destroy the original agreement and is prepared to purely rely upon a microfilmed reconstruction then please proceed to court where you can try your theory out.

My advice to your client would be that you as his solicitors are wasting his money on a case that you cannot win without the original agreement.

When I appear in court I shall show the court evidence that I have repeatedly requested sighting of a ‘true copy of the original agreement’ and had it been provided to me my appearance in court would not be necessary.

I believe that you are wasting the courts, your clients, and my time.

I believe the refusal to provide a true copy of the original agreement is because you have NOT retained the original agreement and that by providing reconstructed copies from microfilm you hope to assuage me into further payments.

I repeat my offer of £1 per calendar month, BUT ONLY IF, the original agreement is produced for my or the courts inspection.

Produce it to me or produce it in court. The choice is yours.

You state that you do not intend to enter into protracted correspondence. Well that’s fine by me. Please accept this as my final correspondence in the matter.

Yours Sincerely,

mrs hsbcfiddled

 

I have had no reply to date.

The point of the letter being that should it go to court the judge would then see that you have done your very best to avoid the court action.

What do you or anyone else think?

hsbcfiddled

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Honey1932 - I am not dealing with any particular company at the moment. I am just educating myself. I just don't have the guts like all of you here. I find it a rather daunting task, nevertheless prior to finding this site i had already engaged the services of a company to deal with these matters. It is extremely stressful and i don't like to find myself in constant conflict but i feel knowledge is power and i should know what those handling our money do to us.

HSBCfiddled thanks for sharing that letter yet again very informative. I hope by being around all of you on this forum i would get the nerve to challenge these organisations on my own steam - but right now i just couldn't deal with it.

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hi chaps , just a quickie , is a form that clearly say,s SKYCARD APPLICATION FORM . And does not show the credit limit anywhere , a true signed copy of the CONSUMER CREDIT AGREEMENT ? thankyou .

 

If it's missing a credit limit, (a prescribed term) it can call itself what it likes but it ain't no consumer credit agreement.

 

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Rubyrose, I know exactly where you are coming from, I am brand new to this and its making me feel ill. I started out asking for a cca in Oct and planned to take it from there, I am in the very early stages and have not got the bottle to let it go to a DCA, I don't want it to go that far.

 

If I could afford to carry on paying I would happily do so, I am looking at my opitions and hoping to settle for half the debt if poss. If it gets too tricky I will put it in the hands of a solicitor, especially if I find the agreement (when it eventually arrives) is unenorceable.

 

There is so many conflicting opinions, one minute I am up in the air thinking I have nothing to worry about, then someone comes along and puts me in despair.

 

Honey

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