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    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
    • Thanks, I am worried because on the citizenship application they ask if I received warning, I am not sure if TFL warning this the same police warning or not?? 
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ICY m-i-l -V- HSBCvisa claim 11


ICY
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  • 2 weeks later...

This claim is a bit different in that m.i.l has power of attourney for the account holder, dont know if this is going to be more complicated

 

Story so far

 

16th April S.A.R - (Subject Access Request) sent along with cheque for £10 (to date uncashed)

 

20th April SAR confirmed as received by Royal mail

 

22nd May SAR reminder to be sent

 

29th May SAR deadline

 

 

 

To be continued .....

:madgrin:

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  • 2 months later...

good luck

 

Celicaman

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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  • 2 weeks later...

The following petition has been put on the government website

 

We the undersigned petition the Prime Minister to Ensure UK citizens have the right to recapture illegal bank charges up until the day a UK court find them legal. More details

 

Petition to: Ensure UK citizens have the right to recapture illegal bank charges up until the day a UK court find them legal.

:madgrin:

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  • 6 months later...
  • 1 month later...

Received a reply last week.

 

Dear ...

 

Thank you for your letter of the 13th February 2008. This has been passed to me for my attention. I have now fully investigated the issues you raised and my response is detailed below.

 

Firstly I am sorry is has been necessary for you to contact us to make a complaint. HSBC endeavours to deliver the highest standard of service to all its customers at all times and i regret we have not met your expectations.

 

Default charges are charges payable if customers do not make the required minimum payment by the payment due date, if they exceed their credit limit or if a payment to their credit card account is returned unpaid. The amount of these charges and the cirumstances in which they are applied, is set out clearly in HSBCs Credit card Agreements. We believe that HSBCs charges to customers are lawful, fair and reasonable.

 

The Office of Fair Trading has recently published findings from its enquiry into default charges on credit cards. HSBC has carefully considered the OFTs publication and does not accept its findings.

 

However, the OFTs investigation has led to a change in market practices and HSBC has therfore decided, for commercial reasons and in the interests of customers, to reduce its Credit card default charges for the future. These changes do not affect charges that have already been applied. Accordingly, I regret that we are not prepared to make any refund of default charges or provide any compensation payments. I hope I have been able to clarify HSBCs position on Credit card charges.

 

I appreciate thie is not the response you were hoping for, but I trust I have made the banks position clear.

 

Thank you for taking the time to contact me to bring this matter to my attention, I am only sorry it was necessary for you to do so. I hope that matters have now been fully clarified. However, should this not be the case, I enclose a copy of our leaflet which explains how these matters are dealt with and the attached guidance sheet explains the next steps available to you

:madgrin:

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  • 2 weeks later...
  • 3 weeks later...

all the best with the claim icy.

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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  • 3 weeks later...

Just got a letter from the court, as follows:

 

Upon reading the court file

 

IT IS ORDERED THAT

 

1. These proceedings can not be brought in the name of Mrs G. The claimant is Mrs B. Unless a properly completed application to amend the Claim Form and Particulars of Claim in the name of the person claiming is filed by 4pm on 28th May 2008 the claim do stand struck out.

 

On receipt of such application the file be referred back to the district judge.

 

 

 

The claim form was submitted by Mrs G, as Mrs B is no longer of sound mind, Mrs G has full power of authority of Mrs B's affair, and has had since 1994, this was included in the claim form, and a copy of the power of attorney was attached to the court papers, what more can we do.

They cannot allow Mrs B to be a party to the case, therefore a properly appointed person (which Mrs G is) should surely be allowed to deal with it on Mrs B's behalf.

 

Anyone any ideas?

:madgrin:

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  • 5 weeks later...

Letter went off to the court explaining that the account holder is not able to deal with this matter due to dementia, she is no longer of sound mind. Mrs G has full power of attorney, still not heard back from the courts,

 

HOWEVER

 

Major escalation of events this last couple of weeks, me and wife have been out of the country for the last couple of weeks and on return my mum in lawa has given me some mail she has received, in among this is a statutory demand, requesting her bankrupcy

 

The demand was hand delivered on 4th June 2008 and is worded as follows:

 

Statutory demand under section 268(1)(a) of the insolvency act 1986. Debt for Liquidated sum payable immediatly

 

Warning

This isa an important document. You should refer to the notes entitled "how to comply with a statutory demand or have it set aside."

If you wish to have this demand set aside you must make application to do so within 18 days from its service on you. If you do not apply to set aside within 18 days or otherwise deal with this demand as set out in the notes within 21 days after its service on you,
you could be made bankrupt
.

 

Notes fro creditor

if the creditor is entitled to the debt by way of assignment, details of the original creditor and any intermediary assignees should be given in part C on page 3

If the amount of debt includes interest not previously notified to the debtor as included in the debtors liability details should be given, including the grounds upon which interest is charged. The amount of interest must be shown seperatly.

Any other charge accruing due from time to time may be claimed. The amount or rate of the charge must be identified and the grounds on which it is claimed must be stated.

In either case the amount claimed must be limited to that which has accrued due at the date of the demand.

 

Demand

 

To : XXXXX

Address : XXXXX

 

This demand is served on you by the creditor

Pheonix Recoveries (UK) Ltd S.A.R.L

 

Address : 4 Silkwood Business park, Fryers Way, Wakefield, West Yorkshire. WF5 9TJ

 

The creditor claims that you owe the sum of XXXXXXX full particulars of which are set out on page 2 and that is payable immediatly and to the extent of the sum demamded, is unsecured.

 

The creditor demands that you pay the above debt or secure or compound for it to the creditors satisfaction.

 

Page 2

 

The creditor demands the sum of XXXXXXX in respect of monies due under a credit agreement numbered XXXXXXXXXXXXXXXX with HSBC bank PLC

 

The agreement was assigned to Pheonix recoveries (UK) S.A.R.L under a sale agreement on the XX/XX/2007 between the creditor and HSBC bank PLC

 

The creditor further claims the additional sum of £150 being the cost of preperation of the statutory demands and the agents fee for the service.

 

At the date of this demand the total amount due for payment is XXXXXX

 

There is no court case number anywhere on the paperwork, nor is there any court documentation, however it does say to apply to X County Court to apply to have it set aside, but no court reference.

 

This accaount they are claiming for is already in the court system for refund of charges made by HSBC (allbeit a very low amount) therefore are they allowed to take this action, what are our next options available, ie checking deed of assignment, demanding they wait until the outcome of test case, CCA request ? obviously this is very serious, she does employ someone under direct payments scheme, and if she is made bankrupt then obviously she wont be allowed to be an employer ay more, she will also lose her home. She has written to them explaining she is a disabled person and is only in receipt of state benefits, she doesnt have other incomes, they have completely dissregarded all letters sent, finally in the letters she has informed them that she is only able to fdeal with this matter by mail or email due to a disablity which affects her speech, despite this they continued to ask her to ring them to sort things out.

 

Can someone please offer any help, on how to delay things, this will need time to try to fix.

:madgrin:

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I think you have to get in touch with the court, it will be difficult with no court reference but I'm sure they will point you in the right direction if they cannot help you directly.

 

I will try to get some better opinion on this too

 

On reflection that doesn't sound like a court form at all, I could be wrong but I think its just a very cruel threatening letter from a DCA trying to extract money and if the assignment was after you asked for your charges back no they cant do that.

 

 

pete

Edited by Castlebest
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Statutory demands are fairly straightforward to set aside providing there is a dispute of some kind of the sum owed. Clearly in this case there is a dispute as you have a case lodged at court.

 

There won't be a court ref on the SD as it's issued by the creditor. Setting it aside is free and you can do tis at your local county court if it deals with bankruptcy. Most do but some of the smaller ones don't.

 

How much is the amount roughly claimed on the SD and what is the sum claimed in charges?

 

What type of account is this e.g. credit card, loan agreement?

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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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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Thanks for the advice guys, the SD amount is for £4700claim amount that is currently in the court system is onlyt for around £60, but at least it is in the system

:madgrin:

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On one of the SDs received the person named, is not of sound mind due to permanent medical illness , is it lawful to serve papers on someone not of sound mind?

 

Also, going to CCA these, if this is complied with, and we do get the forms back, and it can be proved (by going into medical records) that the named person was not of sound mind at the time of signing any agreement, what happens then?

:madgrin:

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amount that is currently in the court system is onlyt for around £60, but at least it is in the system

The point is the amount is disputed and it's in the system. You don't need to tell the court at the set aside that it's only £60.
and it can be proved (by going into medical records) that the named person was not of sound mind at the time of signing any agreement, what happens then?
Realistically you would be looking at the creditor writing the debt off under the Mental Capacity Act 2005.

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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The person named has been suffering from dementia since the early 90s, not sure for certain, but it is my belief that this account was opened since this time, wether it was opened rightly or wrongly by her is another matter, but we are pretty certain that she was suffering from dementia at the time of account opening.

 

But at least we have medical proof that she has had this illness probably all the time this account was open, we believe this account was opened in 2004, when she wouldnt have had the mental capacity to understand the contract she was getting into.

:madgrin:

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