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    • Hobnail you don't know Elms too well yet. I am surprised that they got as close as they did to adding up to 30. I think the poor dears get confused because most other letters they send out are to give 28 days notice. They even  have difficulty with their two times table and often consult with the char lady to confirm that 2 plus 2 equals 4.  Just act on the notion that they are total numpties and you won't be far out.
    • To carry on from the above post it may be helpful to go through their WS using their numbers. 9] motorists do NOT accept the contract when entering the land. First they have to read it and understand it and then they realise that a] "No stopping" is prohibitive and cannot offer a contract. b] the signs around the bus stop do not mention who issued the No Stopping signs so it could not have been issued by VCS since the IPC CoP states that their signs should include the IPC logo and the creditor be identified.  10]There is no mention of £100 charge for breaching the No stopping request or if there is it is far too small to read even for a pedestrian. 11] no matter how often VCS say it, it is NOT a contractual clause   22]" the claimant has given the Defendant its contractual licence to enter the site". No it hasn't. This is a road leading to the airport. All sorts of people are going to the airport-travellers, taxis, fuel bowsers, airport staff, companies delivering food and drink for each aircraft, air traffic controllers, buses. It is absolutely ridiculous to attribute VCS wth any sort of permissions. The land owners yes, but not VCS . There can be no sort of analogy between a car park and a major thoroughfare where VCS have no place as it is not relevant land.   23] there can be no contract as there is no offer only a prohibition. And it is not relevant land no matter how Mr Walli attempts to prove otherwise. 25] VCS may have won a few times but none quoted was on an airport covered by the RTA and its own Byelaws. They also have lost more cases than they have won using their prohibitive signs. 26] First one has to consider if there is a contract. Is it relevant land? No. Does a valid contract exist betweer VCS and Peel? NO.  27] the signage at the bus stop may show the conditions ie  no stopping, and restricted zone but not the terms ie is there a charge for stopping and who is the creditor. The last section of the sign is illegible  29] already stated that a WS between VCS and peel is not a valid document 31] it will need more than the Claimants feather to outweigh the case against the Defendant no matter who was driving. 32] there is no law of agency involved. This is not a case of employer/employedd relationship. VCS are muddying the waters because they have no way of transferring the driver's liability to the keeper 33] this a red herring. There is no list of highways at all  on the Highways act 1980 so this is a deliberate strategy to debunk the fact that this road is not relevant land. VCS are put to strict proof that it is relevant land not covered by the Road Traffic Act nor by Byelaws. 34] there ican be no comparison between a railway station and an airport. Totally fatuous analogy.  35] yes the landowners can bring in their own terms but what the cannot do is overrule Byelaws and the Road Traffic Act. 39] surely the paralegal cannot be that ignorant of PoFA. If Bye Laws are involved then the bus stop is not relevant land and so the specious argument about FGW is rubbish   36] what on earth is he talking about with Permits. There is no mention of permits on the signage and even if there were  would it mean that Permit holders were allowed to stop on No Stopping roads? There are enough examples on CAG to counter act their idiocy on continuing charging the extra £60   46] VCS had NO reasonable cause to apply to the DVLA for the Defendants details. No valid  contract with the landowners No stopping is prohibitive therefore cannot form a contract the event happened on a bus stop over which VCS has no jurisdiction the signage either does not show that there was a charge of £100 for stopping, or the font size was too small for a motorist to be able to read it  the signage does not show the Creditor which fails the IPC CoP so not valid the WS contract does not appear to authorise VCS to pursue motorists to Court Given all these factors it seems that VCS have breached the GDPR of the Defendant quite substantially and it would appear right that an exemplary award is made against VCS in the hope that they will drop all further cases at Doncaster airport where they are pursuing motorists on non relevant land.   48] what is this guy on? You weren't in a car park you were on a bus stop 59] this case is totally without merit. I am not surprised that the paralegal will not be turning up. Some statements are pretty close to perjury and others are designed to mislead or misdirect. None of the analogies seem appropriate or relevant. Could have been said in at least half the time without the repetition and trying to make a case where none was there. One particularly bad example of misdirection was in the photographs. The Clearway sign shown near the bus stop is very unclear  unlike the Clearway sign two photos before it which may well include terms and conditions. The one by the bus stop is totally different.      
    • just type no need to keep hitting quote...   your defence doesnt need any return of docs.. carefully read what has been posted here and in the other threads i pointed to in your old thread merged here too.   redwood/harwood or STA or brachers.   just use our enhanced google search box.   uni fees is useful too.   this guy is just in front of you    
    • Tech firm CEO Jeff Lawson warns bosses not to make hasty judgements about their employees.View the full article
    • I have just spent last few hours registering and signing up and filling in all the details.   Below is a POC I have drafted.   The defendant is a parcel delivery company DPD (UK) LIMITED On 09/08/2021 the defendant agreed to deliver the claimant's parcel containing a PlayStation 5 Disc Version value £530, to an address in the UK. The delivery fee of £7.79 was paid by the claimant. Parcel tracking number: ???????? Parcel reference no: ????????? The defendant failed to deliver the parcel and have reported it as lost on 20/08/2021. The defendant refuses to refund the full value of the item and the delivery fee. The claimant seeks £530 being the value of the item, £7.79 delivery cost and legal fees.        (Sorry for being stupid but this POC is supposed to go where it says    " Claim details Why you believe you’re owed the money: " right? Reason why I'm asking is because I don't see anywhere it specifically says what are your particulars of claim)   Tomorrow being the 15th day, I will be ready to click it off (assuming the POC is ok)    I have read a few more hermes/packlink etc stories where they were resolved and gives me hope I will regain my lost money.  Will carry on reading up as much as I can.  
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Direct Legal and Collections: advice for a newbie needed.


Notwaving
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Hi this is my first post on these forums, I've scanned some of your threads (found you through Google) and looked at the FAQ, so apologies if I ask anything really obvious.

 

I have two debts with DLC (and believe me it's cheering to see so many of you taking them to task). I increased payments on one account last October, with the increase becoming active this February. I could afford it - new job - and would rather just pay the vultures and have them leave me alone. Today they telephoned and, at first, asked for the full amount. I told them this was impossible. They then said I had to increase the payments or they would take me to county court and get an attatchemnt of earnings. At the moment I pay an amount to them every month by Direct Debit. They this amount is now unacceptable. I have asked them to put their request in writing and then refused to speak to them any more on the grounds I was at work.

 

You all seem fairly clued up and I'm sick of being bullied by them. What rights do I have and what can SAY to them?

 

Thanks.

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First of all, do not be bullied by these guys - they have not got a clue what they are doing most of the time.

 

Firstly, CCA them for both debts. I think that will cost you £2 but worth it. Send one for each debt:

 

[your address]

Direct & Legal Collections

Buckingham Road

Brackley

NN13 7DN

RE: [ref numbers here]

Dear Sir / Madam,

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and deeds of assignment.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of me credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of mycredit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you within the statutory timelimit.

Yours faithfully

 

[sign here]

 

 

Make sure you send it recordeded delivery and check it's been delivered then sit back and wait. Once 12 working days has passed, they are in default. At this point stop any payments you are making at this time as the account is in dispute. After a calendar from that date (up to 49 days from the original request depending on how your 12 working days and the length on the month lies) they are committing a criminal offence.

 

You will probably get a letter saying they will request the information from the original creditor - it's a standard letter. You may also get a letter complaining that your payments have stopped. If this happens, write back to them again reminding them the account is in dispute and you will not be discussing payment whilst the account remains in dispute.

 

I CCA'd and Section 10'd DLC in February and my credit file got cleared almost straight away and I've heard nothing since.

 

Also, you want to only ever converse with them by letter, never by phone. If the phone calls continue, there are a few letter you can send to stop them but come to that if it happens. They normally go VERY quiet once served a CCA request!

 

Come back here for updates, or info and let us know how you are getting on.

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Thank you, thank you, thank you. Will do so. I have no problem with paying back the amount I am currently paying, I just don't want to increase the payments. (Although I earn what many would call a decent salary I have many other debts dating from a period of self-employment, including one to a more than patient ex-boyfriend which I would dearly love to clear before all others. I am worried that my salary may count against me somehow.)

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As they are ringing you at work, you might want to drop another letter in there stating you are relinquishing your permission to contact you by phone and you wish to only be contacted by letter.

 

If they continue after this they are in breach in several areas.

 

Search the forums and you'll find plenty of template letters to use for this too.

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Hi Notwaving,

Have they sent you a statement of account. Do you have any charges on the accounts. If so you want to claim these back to reduce your debt.

While you obviously are committed to apying off the debts you want to ensure you only pay back what you legally owe (NOT necesarily the same as what the DCA say you owe).

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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Hello not

 

You have already had some good advice about dealing with these characters.

 

Do instruct them not to contact you again by phone - always the best thing to do. If they should keep doing this report them, but you also might like to read this recent thread on how you can deal with their calls. This was a very popular thread.:D

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/81445-competition-best-way-get.html

 

Varangian

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Don't sign anything!

 

Write your name don't sign it can be cut and pasted to make false CA's if they so feel like.

Egg/CapQuest 2 - CCA sent 12/04/07 ****RESULT****

Barclays Bank/Lowell 1 - CCA sent 12/04/07 ****RESULT****

 

Halifax/CapQuest 1 - CCA sent 12/04/07 SD issued ****WON with COSTS****

 

Barclaycard/Cabot - CCA Sent 12/04/07 Unenforcable Application Form

Smile/Lowell 2 - CCA sent 12/04/07 Unenforcable Application Form

NatWest/Fredrickson International - CCA sent 12/04/07 No Reply

 

Halifax/1st Credit - CCA sent 17/04/07 No CA but Threats from 1st Credit & Connaught! - Still Nothing but still chasing!

 

Student Loans Company/CapQuest 3 - CCA sent 11/06/08 - No Reply.

Lowell 3 - Ignored them went over their heads to Capital One

 

Halifax - S.A.R - sent 17/04/07 Completely incomplete!

Halifax 2 - S.A.R - sent 11/06/08 - Scant Info

Capital One - S.A.R - sent 11/06/08 - Scant Info

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I never thought of thought!!!

 

However, I've scanned my signature and I insert that in all my docs but it's got a funny smudge in it. I couldn't be bothered to rescan another one so if it my signature ever turns up on a legal doc with a smudge in it...... :D

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