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    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (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  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
    • RE: EC261 Compensation   It's normal they won't have asked you to contact them . Your initial rescheduling was obviously done by a bot - and there was no human to notice the mistake, as far as the bot knew your scheduling was perfectly normal so there was no need to ask you to contact them.   As long as that was done 2 weeks in advance the carrier's liability to notify you is fulfilled.   (You could have contacted them there and pointed out that the new schedule was impossible. Unfortunately you didn't. Claiming you didn't notice is not likely to work in your favor)   The bot who sent you the 24h confirmation didn't notice the mistake either, obviously.   At some point a human or another bot finally identified the problem and that's when they called you. As far as they are concerned neither you nor them had noticed the scheduling mistake and they took it on them to notify you so you don't have a bad surprise when you try and check in.   However as far as I know, neither flight was delayed or cancelled. You could have taken both flights, if you had the power to be in two places at the same time.   So I don't think there is any scope to claim for EC261. But claim forms are free so feel free to try.     Then, you can certainly make an old fashioned claim (directly to BA)   What could perhaps play in your favor:   It's the carrier's responsibility to ensure that they don't sell you a ticket where the flyer cannot meet the minimum connection time or MCT.   This situation mostly applies to situations where the flyer doesn't know and gets caught. For example say you connect at LHR and you are given 35 minutes to connect. This may look just fine to an unsuspecting tourist, but in reality there is practically zero chance to make the connection, therefore the airline is liable here for selling you this ticket resulting in you missing your connection   In your case though it could be argued that even an unsuspecting tourist should be able to tell that it is not possible for them to depart 5 minutes prior to disembarking and therefore that you should have checked your notification more carefully.   The fact that the bot allowed such a glaring mistake to happen is certainly an argument in your favour shall you decide to make a complaint.     What doesn't play in your favor:   The airline obviously did their best to get you to your destination as soon as they noticed their mistake. They offered you more than one alternative (the first alternative would have got you in time at your destination, but you declined) and you then accepted another alternative, and fully travelled the ticket. That is a very strong position for them.     What did you lose and what do you intend to claim for?   You took the overnight connection so obviously you had to stay at an airport hotel. Is that correct? Did you keep the receipt for your hotel and meals?   You certainly should have asked them on the phone when negotiating your re-route that they provide a hotel. Within 20hrs of the flight it's something they would most probably not have denied to you (but airlines will generally avoid offering off the bat. Why lose money when a customer is just going to roll with it and pay for their own stay anyway, right?). After the fact it's going to be a lot more difficult to claim.   I do certainly think it would be reasonable to try and write them a polite but firm letter to claim for that. Not 700 euros, not damages and hardship and all that jazz, just the extra expense you incurred following a scheduling mistake that they made (that should have never happened) and that they didn't notice until way too late in the day , with your categorical inability to leave 3 hours earlier (you had very important business meetings or something critical, it certainly wasn't just convenience) and the extra costs incurred, and asking that they kindly provide compensation for the hotel and meals, which you feel it was their duty to offer you and you are politely disappointed that they didn't, and thafully you happen to have kept all the receipts. Put Alex Cruz on copy for good measure.   No guarantee but I feel it has a fair chance of success. Most probably you will be offered a heap of Avios instead of cash. It's then up for you to decide whether you want to accept that. Personally I wouldn't bother going further, but that's just me. See if anyone here disagrees, and do let us know what you decide and keep in touch with how it went.            
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Car finance chasing for arrears from 5 yrs ago.


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I had my car stolen 5 yrs ago and claimed on the insurance, I also had gap insurance to cover the difference. Since 5 yrs have passed I haven't got any paper work or details of who the gap insurance was with. I just remember that it was sorted out. Now suddenly 5 yrs later the car finance people are claiming I still owe them £3500, they have no details of gap cover and are threatening legal action?!!!

I have no paperwork to support my claim and can't understand why its taken them so long to contact me about it.

I have no assets to my name as I've been undergoing cancer treatment for last 4 yrs, I only work p/t so can't afford to pay this back.

Is there a time limit on companies claiming for money?

What can I do, I'm so worried.

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Not sure how I can help, but to help you find details of the gap insurance, have you got any statements (bank ones - I'm assuming you paid it by direct debit) from around that time. That would at least give you the company name and a reference number. Might be a place to start?

"Some of the biggest men in the United States, in the field of commerce and manufacturing, are afraid of something.

 

They know that there is a power somewhere so organised, so subtle, so watchful, so interlocked, so complete, so pervasive, that they had better not speak above their breath when they speak in condemnation of it."

 

Woodrow Wilson, President of the United States.

Change the US for the U K... do you think he meant CAG?! :wink:

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Finance company just told me that Gap did pay out but there was a shortfall of £195. It took them 2 years to tell me about this by which time I had moved address, 4 years later they've found me and because I haven't paid the shortfall they've cancelled the original rebate from when the insurance paid out. This means that they added this back to my account plus fees and interest meaning that £195 has increased to £3500. There's no way I can pay this, I'm seriously ill with cancer and struggle to live as it is. They'll have to take me to court unfortunately.

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Have you acknowledged this debt in writing since they contacted you? If not, and if you haven't made any payment it may be worth checking out EXACTLY how long this has been outstanding for ( from the sounds of it would be from the date the shortfall occurred ). If it's coming up to 6 yrs you may want to hold your nerve then argue statute of limitations. I'm not absolutely positive whether this would apply for your exact situation but maybe someone else can!!:)

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Finance company just told me that Gap did pay out but there was a shortfall of £195. It took them 2 years to tell me about this by which time I had moved address, 4 years later they've found me and because I haven't paid the shortfall they've cancelled the original rebate from when the insurance paid out. This means that they added this back to my account plus fees and interest meaning that £195 has increased to £3500. There's no way I can pay this, I'm seriously ill with cancer and struggle to live as it is. They'll have to take me to court unfortunately.

 

i would challenge these charges in the same way one would challenge bank penalty charges. start by sending them a S.A.R - (Subject Access Request). remember not to admit liability at this stage.

 

i'm no expert on insurance but this sort of behaviour really warrants the complaints avenues investigated.

 

sorry to hear of your condition, i hope this doesn't get in the way of the road to recovery.

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Have you acknowledged this debt in writing since they contacted you? If not, and if you haven't made any payment it may be worth checking out EXACTLY how long this has been outstanding for ( from the sounds of it would be from the date the shortfall occurred ). If it's coming up to 6 yrs you may want to hold your nerve then argue statute of limitations. I'm not absolutely positive whether this would apply for your exact situation but maybe someone else can!!:)

 

Unfortunately it is less than 6 years so I can't argue on that score.:(

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i would challenge these charges in the same way one would challenge bank penalty charges. start by sending them a S.A.R - (Subject Access Request). remember not to admit liability at this stage.

 

i'm no expert on insurance but this sort of behaviour really warrants the complaints avenues investigated.

 

sorry to hear of your condition, i hope this doesn't get in the way of the road to recovery.

 

 

I'm definitely penning a complaint as we speak, I'm unsure how to approach it to be honest. when I claimed back bank charges it wasn't too difficult as there was no threat looming over me. At the moment the finance company are planning on taking me to court as they say they can justify the amount due.:(

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I'm definitely penning a complaint as we speak, I'm unsure how to approach it to be honest. when I claimed back bank charges it wasn't too difficult as there was no threat looming over me. At the moment the finance company are planning on taking me to court as they say they can justify the amount due.:(

 

In the eyes of what is reasonable, how would a debt of £195 grow to one of £3500 in 4 years?

 

I think you would have a VERY, VERY good ground for a defence.

 

Can you answer any of these questions for me?

 

1) How much was the original agreement for?

2) What was the original rate of interest

 

If the original loan was regulated by the Consumer Credit Act you should consider sending a CCA request and forcing the debt into dispute.

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From what I can gather when the insurance company paid out the finance company included a rebate for early settlement during the financed period. Because I failed to pay the shortfall that was left between the ins company and gap insurance they say they are entitled to reclaim this rebate and have therefore added this plus costs back to my account.

I have no paperwork anymore as it was so long ago and I thought it was settled I haven't got anything to work on .

What is a CCA request?

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I think it was £8500, Insurance paid out £6500, gap £1046, I'd made about 3/4 payments before the car was stolen, shortfall was £195.

 

The agreement would have been regulated by the consumer credit act.

 

A CCA request will allow you to send £1 and get a copy of the aformentioned info. This should be your next step.

 

remember that if they cannot furnish you with all the info, the debt will be UNENFORCEABLE.

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Yeah, just been doing that! Its really hard to be objective when you are being intimidated. This is not a small amount of money and they are pushing ahead with their legal action. I've done my letter and asked for a copy of the CCA so we'll see what happens. Thanks for advice!

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Yeah, just been doing that! Its really hard to be objective when you are being intimidated. This is not a small amount of money and they are pushing ahead with their legal action. I've done my letter and asked for a copy of the CCA so we'll see what happens. Thanks for advice!

 

i can appreciate that the threat of legal action might appear scary but they need ot prove that this amount of money is due. £195 growing to £3,500 in five years doesn't add up and i'm sure a judge would agree. you have a right to a statement, it will be interesting to see what it says!

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They just argue that under terms and conditions of the finance agreement they are entitled to add the rebate back to my account as I did not pay the shortfall. They have promised to provide me with full details of how the amount is made up. I'm getting braver now and intend to stick it out a bit as I'm convinced its unfair.

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They just argue that under terms and conditions of the finance agreement they are entitled to add the rebate back to my account as I did not pay the shortfall. They have promised to provide me with full details of how the amount is made up. I'm getting braver now and intend to stick it out a bit as I'm convinced its unfair.

 

well as soon as the paperwork arrives we can all help move this forward!

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