Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • 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
  • Recommended Topics

CCA's and Dave against the world !!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4568 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Oh well dave maybe a rite of is not what you wanted but it will stop you having to pay them.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

  • Replies 1.3k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi all

 

just sent this to HFO in reply to their please contact us letter

 

HFO services

 

Dear Ms p*****

 

Thank you for your latest letter informing me of the huge savings to be made by contacting you and negotiating a discount on my alleged debt.

 

I have decided to save myself even more money by not paying you at all.

 

I have previously sent you a number of letters explaining my position, of which you seem to have read none. So I will put my final response below.

 

I don’t know how many times I have to say this………

 

I AM NOT PAYING YOUR COMPANY ANY MONEY AT ALL

 

NONE,…… ZILCH,…..NOTHING,….. ZERO,…..ZIP,….. NADA !!!!

 

I cannot believe that it will not sink in

 

Please do not write any more, unless it is to inform me of the court date.

 

Mr D firewalker

Edited by davefirewalker

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

Just been going over my lads bank account charges, which are being chased by crapquest

 

As a student he didnt really handle money very well at all....

 

but in a four month period they added £1800 in charges....??? no wonder he was depressed at the time...grrrrrrr

 

I'm now after them too

 

dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

you back on the warpath again dave lol

the reason i am being stubborn and diggin my heals in with MORGAN STANLEY ,is i honestley beleived that the PPI insurance would clear the debt,i have a leaflet here 4 years old and it says it will clear debts upto 15000 then when they wrote to me in july last year they slipped in only pay 3% well with intrest at 29 % it would nt even pay for toilet paper so that is my main contention with them,liars i cannot stand and to cap it all they added another PPI when i began the claim ? this is not acceptable,i rang them at the time when they started charging the second PPI and they said it was in case i took ill on a different matter,how dumb am i i did not question it at the time,and during the PPI payment33 mths they defaulted me 3/4 times,so they can go to court i think any right minded person would see this as a complete farce and also trully deceptive of them...so i am sticking to my guns and as for the Muppets they keep offering the debt to ive had six different companies and this last one is about as stupid as they can get HFO ,what a nice company they are they keep ringing me now it is down to 3 times a day but i love it when they do i am really enjoying their calls ,so much that i kindly play some fantastic pink floyd for them i am sure they appreciate it cause they keep ringing up for more.

patrickq1

Link to post
Share on other sites

Hi all

 

just sent this to HFO in reply to their please contact us letter

 

HFO services

 

Dear Ms [EDIT]

 

Thank you for your latest letter informing me of the huge savings to be made by contacting you and negotiating a discount on my alleged debt.

 

I have decided to save myself even more money by not paying you at all.

 

I have previously sent you a number of letters explaining my position, of which you seem to have read none. So I will put my final response below.

 

I don’t know how many times I have to say this………

 

I AM NOT PAYING YOUR COMPANY ANY MONEY AT ALL

 

NONE,…… ZILCH,…..NOTHING,….. ZERO,…..ZIP,….. NADA !!!!

 

I cannot believe that it will not sink in

 

Please do not write any more, unless it is to inform me of the court date.

 

Mr D firewalker

 

 

Say what you mean Dave. Dont waffle.

Link to post
Share on other sites

Say what you mean Dave. Dont waffle.

 

I'm sorry....was I being a bit long winded....:)

 

muppets

 

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

"I have decided to save myself even more money by not paying you at all."

 

Oh Dave ... What a fantastic line.

 

Cheered me up no end ..... been away for some time with illness but picking up the fight again with my creditors very soon.

 

Onwards and Upwards.

 

Chalkitup

Link to post
Share on other sites

"I have decided to save myself even more money by not paying you at all."

 

Oh Dave ... What a fantastic line.

 

Cheered me up no end ..... been away for some time with illness but picking up the fight again with my creditors very soon.

 

Onwards and Upwards.

 

Chalkitup

 

I try..... :)

 

dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

May partner has just gave me a brilliant idea and l thought it was good enought for posting.

 

If they write to you again offering a discount or summing maybe what you should do is search for a online translator and see how may languages you can find that tells them

 

Go away.

I am not paying you.

or any variation of that you wish to use.

 

That should keep them busy for 5 minutes.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

May partner has just gave me a brilliant idea and l thought it was good enought for posting.

 

If they write to you again offering a discount or summing maybe what you should do is search for a online translator and see how may languages you can find that tells them

 

Go away.

I am not paying you.

or any variation of that you wish to use.

 

That should keep them busy for 5 minutes.

 

Chrissi

 

 

I somehow dont think they will write again........:)

 

on the other hand they are so stupid, that it might take a few attempts to get through to them.

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

Hi all

 

just sent this to HFO in reply to their please contact us letter

 

HFO services

 

Dear XXXX

 

Thank you for your latest letter informing me of the huge savings to be made by contacting you and negotiating a discount on my alleged debt.

 

I have decided to save myself even more money by not paying you at all.

 

I have previously sent you a number of letters explaining my position, of which you seem to have read none. So I will put my final response below.

 

I don’t know how many times I have to say this………

 

I AM NOT PAYING YOUR COMPANY ANY MONEY AT ALL

 

NONE,…… ZILCH,…..NOTHING,….. ZERO,…..ZIP,….. NADA !!!!

 

I cannot believe that it will not sink in

 

Please do not write any more, unless it is to inform me of the court date.

 

Mr D firewalker

 

LOL ;) I think the judge might have a hernia from laughing so much, if he sees that letter;)

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.

Link to post
Share on other sites

I'm sorry....was I being a bit long winded....:)

 

muppets

 

 

Dave

Muppets is being to kind. Just a pity the Cagbot wont let us say what we really think of these W (think of what a boat drops to stop it from moving) S

Link to post
Share on other sites

status 8 i.e. default is clearly stated by the cra as meaning the agreement has ended, for me this is causing some confusion, because if the agreement has ended means the agreement has been forceably ended in as much as it is defaulted and the creditor now intends to take some other action, notice of default or not? but the rules on taking that action also require a notice of some kind dont they?

 

sorry I know I have mentioned this before but how can an agreeement be deemed to be 'ended' and then 'ended' again some time later, isnt there some contradiction in the meaning or intention of this default scenario.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

Link to post
Share on other sites

this could be bigger than Wilson itself!!!!!

 

please give a great deal of consideration to the legal arguments and also i urge you to fully research this first before jumping in with both feet

 

Hi

I’ve seen quite a few comments about the Wilson v FCT case but nothing about the other Wilson cases that, to my mind, seem just as relevant to Dave’s case, if not more so.

In the Robertson case:-

Wilson v Robertsons (London) Ltd [2006] EWCA Civ 1088

She was trying it on (sorry – perhaps shouldn’t say that!) in the same way that she was in the previous pawnbrokers case:-

Wilson v Pawnbrokers [2005] EWCA Civ 147

She was trying to say that when she renewed each agreement, because they were unenforceable, that she should get the principal amount back for each renewal of the agreement. The court decided that this wasn’t right (big surprise). However, what is important is that it was held that there was no dispute that she was entitled to keep the principal amount of the loan, have her security returned and to have all the interest paid by her returned. There was no comment on return of payments she made towards the principal amount as she hadn’t made any, she was just paying off the interest.

The issue

15 Mrs Wilson claims that, on its true legal analysis, each renewal was a "novation", involving repayment of the original loan followed by the making of a new agreement for a loan of the same amount, secured by the redeposit of the same item.

 

16 The consequence, according to her argument, can be best seen from an example:

i) Mrs Wilson enters into agreement 1 under which she pawns the watch for £400, and receives a loan of £400.

ii) At the end of the period, she enters into agreement 2 under which the same item is stated to be pawned for the same £400 amount. She pays the interest due on agreement 1. No further money changes hands, but her liability to pay the sum of £400 is treated as a liability under agreement 2.

iii) This process is repeated with agreement 3 replacing agreement 2, and then agreement 4 replacing agreement 3. Again she pays interest due on each agreement, but no money changes hands in respect of principal, her liability being transferred to the new agreement.

17 At the end of this process, because the agreements were unenforceable under the Act, it is not in dispute that she is able to retain the £400 loan, to recover the watch, and to receive back all the interest payments actually made. However, in addition, she claims that she is entitled to payment (in this example) of a further sum of £1200 (£400 x 3), on the footing that, even though no new money changed hands, on a true legal analysis she had paid £400 to discharge each of the agreements. This, she argues, was "an amount received by the creditor… on realisation of the security…" within the meaning of section 106(d) of the Act, and therefore is repayable to her.

The interesting bit here is from p17:-

At the end of this process, because the agreements were unenforceable under the Act, it is not in dispute that she is able to retain the £400 loan, to recover the watch, and to receive back all the interest payments actually made

 

And also here from p3:-

3 Following that decision, the stay on the present proceedings was lifted in November 2003, and the case came for hearing on April 2005 before HH Judge Rose. His judgment in turn was subject to an appeal before Laddie J in June 2005. The combined effect of those decisions was that the agreements were held to be both defective and extortionate. There was no dispute that Mrs Wilson was entitled in principle not only to retain the amount of the loans to her, but also to return of the pawned goods, and to repayment of interest previously paid by her.

I hope that this is of some help.

Regards

Nicklea

  • Haha 1
Link to post
Share on other sites

Thanks for that Nick....

 

I was aware of the cases mentioned and have done a LOT of research into this......

 

Just waiting on some last minute developments and some advice then its full steam ahead.........

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

Dave,

 

Sorry if I'm teaching my grandmother to suck eggs. I'd be interested to hear how things go with you. In my case, I'm looking to use this as part of a counterclaim that I'm putting together against Goldfish.

 

Regards

 

nick

Link to post
Share on other sites

Dave,

 

Sorry if I'm teaching my grandmother to suck eggs. I'd be interested to hear how things go with you. In my case, I'm looking to use this as part of a counterclaim that I'm putting together against Goldfish.

 

Regards

 

nick

 

No probs matey...

 

I always keep this thread updated.....as much as i can

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

"Failure of a Default or Termination Notice to be accurate not only invalidates the Default or Termination Notice (Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339) but is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt, but give the Claimant a claim for damages. (Kpohraror v Woolwich Building Society [1996] 4 All ER 119)"

 

Dave, can you explain this part you have included please?

 

Where in Kpohraror does it say that unlawful rescission of contract prevents a court from enforcing an alleged debt?

Link to post
Share on other sites

"Failure of a Default or Termination Notice to be accurate not only invalidates the Default or Termination Notice (Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339) but is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt, but give the Claimant a claim for damages. (Kpohraror v Woolwich Building Society [1996] 4 All ER 119)"

 

Dave, can you explain this part you have included please?

 

Where in Kpohraror does it say that unlawful rescission of contract prevents a court from enforcing an alleged debt?

 

Dave originally got this from me and I originally got it from tomterm8.

 

I think there should be a reference to Wilson -v- FCT somewhere in there, which is the way I'm playing it, after "prevent the Court enforcing any alleged debt".

 

Kpohraror is the authority for the counterclaim to the value of £1k in substantial damages, without having to show special damages.

 

Link to post
Share on other sites

Dave originally got this from me and I originally got it from tomterm8.

 

I think there should be a reference to Wilson -v- FCT somewhere in there, which is the way I'm playing it, after "prevent the Court enforcing any alleged debt".

 

Kpohraror is the authority for the counterclaim to the value of £1k in substantial damages, without having to show special damages.

 

Ah right, but we need to clarify this. If asked by a judge how this conclusion is reached, we can't just say 'I got it from a mate who got it from another mate' :D

 

I agree that some further reference to Wilson would be appropriate. There is a clear precedent for the £1,000 damages but if the amount owed is substantially more, and the creditor can still enforce it, then the £1,000 is of limited benefit.

Link to post
Share on other sites

Hi Ian

 

The debts ARE unenforceable....No prescribed terms at all.....one doesnt even have a creditors name and address. so no problems there...:)

 

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

Ah right, but we need to clarify this. If asked by a judge how this conclusion is reached, we can't just say 'I got it from a mate who got it from another mate' :D

 

I agree that some further reference to Wilson would be appropriate. There is a clear precedent for the £1,000 damages but if the amount owed is substantially more, and the creditor can still enforce it, then the £1,000 is of limited benefit.

 

No, I wouldn't say that neither. ;)

 

I would say "the Creditor hasn't followed the prescribed process under the Act and Regulations and should lose the possibility of further enforcement under the agreement as a financial penalty, in line with the Woodchester and Wilson Judgments".

 

Might be just an opinion, but it has to be pursuasive argument at least. (If not binding!)

 

Link to post
Share on other sites

I'm thinking that if a default and then a termination notice is inaccurate and invalid, then we could argue that a further default notice (corrected) cannot be issued as the agreement is no longer in force. This is the creditors own fault as they have acted unlawfully.

 

If they cannot then follow the correct procedure, then they can't take the next step in issuing court proceedings.

 

Just thinking out loud really, is there any merit in this?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...