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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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CCA request, non compliance letter.


diskmandave
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Just come across this in another thread.

 

If anything deserved to be a, "sticky", this does!

--------------------------------------------------------------------------------------------------------------------

Originally Posted by CCA non com

I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX.

 

In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

I would appreciate your due diligence in this matter.

--------------------------------------------------------------------------------------------------------------------

 

What do you think Mod's?

  • Haha 3

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

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

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This is my version :

 

I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}.

 

You have failed to acknowledge this request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the {enter date} I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively.

 

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to {debt agency name}.

 

I require the following action from {debt agency name} :

 

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably.

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Excellent tifo 8-)

 

As it happens, Robbingscum Weigh committed the offence yesterday, got meself a letter to post methinks! :)

 

Will update my own thread when the letter's in the envelope! :lol:

 

Cheers, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

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

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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  • 1 month later...

I sent a recorded del letter to Wescot asking for a copy of the credit agreement under CCA 1974 sections 77-79. I enclosed my £1.00 postal order and received a reply from Westcot stating that under the terms of the credit consumer (exempt agreements) order 1989 article 3 (1) (a) (ii) this account is not regulated by the cfonsumer credit act and is enforceable.

 

So is there anything I can do and if it is not goverened then why is a credit agreement signed :Cry:

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I sent a recorded del letter to Wescot asking for a copy of the credit agreement under CCA 1974 sections 77-79. I enclosed my £1.00 postal order and received a reply from Westcot stating that under the terms of the credit consumer (exempt agreements) order 1989 article 3 (1) (a) (ii) this account is not regulated by the cfonsumer credit act and is enforceable.

 

So is there anything I can do and if it is not goverened then why is a credit agreement signed :Cry:

 

 

Who is the creditor?

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H3, I still have a contract with them, when i upgraded i didnt realise a bill was owing. I moved and 3 knew i had moved and sent the bills to the wrong addy. first i knew of this was last week. I called 3 and they said it was now westcot that would deal with it. When my contract is up and this is my 3rd yr with them i shall go elsewhere

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There was no need I was and still am with 3. I upgraded and they changed the number they have always known where i am. This debt is 2 yrs old, 3 admitted sending the bills to my old address even though I am still a customer of theres. This is 3's f**K up. The left hand does not know what the right hand is doing.

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This is a quote off another thread with regards to mobile contracts:-

 

A mobile phone contract does not provide credit, it is simply a service agreement, so a CCA claim to a network will be met with a reply stating that the arrangement is not regulated under the acts and they cannot assist you further. This is perfectly true, but it doesn't mean your complaint ends there. Under the Data Protection Act you are entitled to having all information held about you supplied under a S.A.R - (Subject Access Request) - a Subject Access Request. This requires the network to provide a copy of everything the network has on its files about you, from your dealings with customer services to copies of all the bills ever issued to you.

 

There can be a charge for this (the maximum fee is £10) but many networks have been known to waive the charge, or even charge less. Some may not even know what to do if you send them £10 and ask for a S.A.R - (Subject Access Request), they often just credit the £10 to your account and ignore the S.A.R - (Subject Access Request) request. It is often easier to ask for the information, and advise IF there is a charge, you'll send the payment by return.

 

Once you have the S.A.R - (Subject Access Request) information (which can often run to hundreds of A4 sheets), containing a 'screen grab' of your account data taken from their computer files. You can use this to identify any anomalies in your account, or unfair charges. You can also refer to this data as the reason of your complaint and ask for the fees/costs to be refunded. If they do not, the SAR document then becomes irrefutable evidence in any court action (as it was provided by the defender). If the company charges you a fee for the SAR, add the cost of this to your claim also.

 

For a mobile claim, the lack of CCA regulation is no barrier in seeking satisfaction, but it can make you look silly trying to assert it was a credit agreement when it wasn't one!

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My problem is I never knew about this debt!!!I want to know how when 3 have always known my adress can get away with sending (and admitting) to sending bills to an incorrect address, then without warning find that I have a credit agency after me, for a bill i never knew existed. Wouldnt you be a little bit peeved?

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When you buy these postal orders for the cca request , do you put who they are payable too, or leave them blank...

 

And , if you do write who they are payable to , Does it depend on who owns the debt. For example if a DCA are acting as agents for the original creditor, then you would put that creditors name on the PO, but if the DCA had purchased the debt, then you put the DCA name on it ?

 

Or , you just put the name of the DCA on there regardless of who owns the debt .

 

Or could you enclose 2 PO's payable to both companys to cover either case ...or just one blank PO ?

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Yes i would be a bit miffed but if the debt was mine i would have to accept it regardless of where they sent the bills to. The calls had been made so the money is owed.

 

If you can PROVE they sent the letters to the wrong address, AND knew the right address, then you can certainly do things about it. You can sue the living daylights out of them under the Data protection Act 1998.

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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  • 2 years later...

Hi All

 

A question for you...

 

I was paying installments to a DCA who had acquired a debt from HSBC that I ran up whilst at Uni. I decided to stop paying and go down the CCA route just to see what would happen. Sure enough, a new DCA sent me demands for payment etc so I sent them a CCA request and they have now defaulted.

 

I was looking at the template letter from tifo which includes the following paragraph:

 

I require the following action from {debt agency name} :

 

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

 

As the new DCA has defaulted, does this mean that everything I have paid to the previous DCA can be reclaimed?

 

I do hope so!!!

 

Cheers

 

H

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Okay just found another thread which touches on this.

 

Am I right in thinking that I would need to apply to the previous DCA with a S.A.R. for all the information they hold on me, which would include payments made and also any copies of any documents that they may have had from HSBC?

 

My only concern is that now they have obviously sold the debt on so would they still be liable to comply with a S.A.R?

 

Thanks for any advice.

 

H

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