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    • 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.
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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
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repudiation of contract

A form of BreachOfContract where a party announces his intention not to perform his obligations under it (rather that simply not performing it in the expected time and manner). This is also known as `anticipatory breach of contract'. A person may have the right to repudiate if the other party is in breach of a Condition of the contract, and he may then treat the contract as discharged. However, repudiation is a breach of contract, and if done without good cause will leave the repudiator liable for Damages.

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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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So basically, when you say that you don't acknowledge the debt and will be making no further payments?

I love this site-it's ace

Thanks rory!

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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I know, it's fantastic. I didn't know so many helpful people existed until I found it. I don't know what I did with my time before, but I must have had loads of it to spare...

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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repudiation of contract

A form of BreachOfContract where a party announces his intention not to perform his obligations under it (rather that simply not performing it in the expected time and manner). This is also known as `anticipatory breach of contract'. A person may have the right to repudiate if the other party is in breach of a Condition of the contract, and he may then treat the contract as discharged. However, repudiation is a breach of contract, and if done without good cause will leave the repudiator liable for Damages.

 

In particular, your contract stated that you had to repay a minimum amount of money (5% per month). by taking you to court for the full amount due, the creditor has terminated the contract. Under the Consumer Credit Act 1974, a creditor has the right to do this if you are in breach of the contract (i.e. by making late payments) after issuing a default notice with a statutory period of time to rectify the default.

 

without such a default notice, by claiming the full amount of money due they are effectively terminating the contract... and by doing so without following proper procedure, this consitutes a repudiation of the contract.

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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I'll have to see if they actually have a contract before I start learning these big words and their meanings lol. Unlikely though by the looks of things.....

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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I'll have to see if they actually have a contract before I start learning these big words and their meanings lol. Unlikely though by the looks of things.....

 

You certainly have a contract :)

 

That contract is a consumer credit agreement regulated by the consumer credit act 1974. Therefore, they must have a signed document with all the prescribed terms (your signature, APR/interest rate, credit limit, repayment schedule, cancellation terms, and etc.) if they want to enforce it.

 

however, you can still use the repudiation of contract line in a counter claim, even if they don't have the agreement.

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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Ha Im really getting boggled by all this legal stuff.

Don't you sometimes just wish you were 15 again?? ;)

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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1st thing tomorrow i would suggest calling next. When they do finally reply you will be given a personal customer service manager who will deal with the issues you have. My lady was very polite and 1st class!!! well done next!! Basically she spoke to people in dpa and cca dept and towards the end i spoke to these people directly. Dont stress just keep on at em, as i stated i had them done and dusted in 2 weeks after recieving statements. Next had nothing else to provide no default no computer minutes NOTHING and that was confirmed in writing also. On your next directory statement there is a 0800 freeserve number. To save your money when it asks for selfserve no keep pressing 000000000000 and after a few attempts you will be directed to a customer service who in tern can put you through to dpa manager etc. Just a thought as to save costs!!! At all times i conducted my account in the proper manner but an accident at work meant that i had to prioratise my money and pay essential bills. I still paid £2 a monh to show i was willing and aknowledge the debt to stop it esculating but now i have confirmation that i dont owe them and even if they chase me for it i can just show debt recovery agents the letter from next and they will go away!!!!!

 

And as they have provided no other info as they say they simply dont have anything else i can also pursue the removal of any default too win win win!!! its like getting 3 melons on the fruit machine!! makes a change from getting the cherries!!!

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Feel free to ask questions if there is anything you don't understand...

 

e.g. agreement = contract = legally enforceable bargain

 

enforceable = the court can force you to pay something / do something

 

consumer credit act 1974 / 2006 = a law that regulates (i.e. says how something is supposed to operate) most consumer credit.

 

repudiation of contract = deciding not to honour a contract, without legal cause OR failing to obey the correct procedures.

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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Ive got my head around the CCA sections 77 and 78, plus other small sections of relevance.

The bits I don't know are:

Where can I find the legislation that states what the prescribed terms of a contract are and how they should be presented, and

Where are the civil procedure rules that Ive seen mentioned?

 

Im sure plenty more questions will be coming this way...;)

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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WOW!!!! I am throwing the telly away - this site is far more interesting than just about anything on the box! I have learnt so much! I know you have been through hell Monopoly23, but my God this is soooooooooooooo interesting to see unfolding. I really do think you are gonna be OK.

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I hope so. Im sure with the advice of the good people of this site I can't go far wrong anyway!

I agree with you about the tv too. I might not even watch eastenders!:eek: lol.

I seem to live on here these days-it's quite addictive.

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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Where can I find the legislation that states what the prescribed terms of a contract are and how they should be presented

 

Page 20 onwards

http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft786a.pdf

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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Where are the civil procedure rules that Ive seen mentioned?

 

Im sure plenty more questions will be coming this way...;)

 

Civil Procedure Rules Homepage

 

you don't need the lot, PART 1 - OVERRIDING OBJECTIVE

 

and

 

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS

 

are the main ones for our purposes.

  • Haha 1

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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Thankyou very much guys.

I'll have a good read when I can get these animals to calm down! Never offer to look after your parents pets while they go on holiday for 2 weeks! 1 cat + 1 dog = 1 stress head! £100 just doesn't cover it...

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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Don't talk to me about other people's pets! I have had a crazy ex-racing Greyhound for the last week - goes tomorrow am - Hooray! He's ousted my cats and barks all night because he wants to sleep in bed with us! I can't get him in the house if I want to go out - he just keeps running away - and it therefore means that he has to come in the car with me for everything - including the school runs and supermarket - and I have to be double quick so he doesn't boil in the car! At least you are getting paid!!!!

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LOL. Well this is the greediest dalmation you could ever come across and the fattest, but friendliest cat that's about 12 years old. The cat's preoccupied with finding an exit of any kind and has even searched above the microwave.

The dog's preoccupied with food at every waking moment, and is sniffing round every nook and cranny of the first floor of my house for the slightest crumb of food. She has already scratched up my wooden furnature when she jumped up to look out of the window tsk...:mad:

Gives me something else to do rather than worry about the CC I suppose...:rolleyes:

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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I think you don't have to worry about the CC anymore - you are just going to have to deal with it. I think that is the difference from being in this forum. You are not alone anymore and are receiving advice from people who know what they are talking about and whose help you would otherwise have to pay a fortune for. Long live the CAG forum and the mad fat dalmations and cats - and the skinny bu**** greyhounds - they make for a good laugh in the end - only because you can once again laugh because you are not facing hell alone!!! GOD bless CAG!

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Here Here.

(She really is a mad fat dalmation)

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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Yes, and Rafferty really is a skinny ex-greyhound who chases things (my cats) - I'll tell you one thing - when he gets going he's blo**y fast! I reckon he would easily keep up with my horse at full tilt gallop - and he ain't no snail!!!

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I do feel loads better. Ive had so many contributions of good advice to this thread, its hard not to!

I didn't have a clue where I stood at first-seemed like the end of the world :( (sorry for the impatience at the start too but 1 hour in that situation can feel like a week!)

Things I have to do next are

1) Ring RM in the morning to see if there's any news on the original request

2) Check RM website so I know the 2 letters sent today have arrived ;)

3) Start getting some sort of defence together with the limited info I have. If all I have to do is dismiss each point on their very rubbish poc, then I should think it won't take long :)

 

I haven't slept for about 4 months lol as I have an 18 week old in my room!

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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I had wondered who the baby was!! None of this is funny at the best of times - but when you have a family to worry about, it does become particularly difficult. You know you are on the right track now and clearly from your last post you know what you must do! I think this is such a fab medium of connecting with others who can help - there should be money made available by the government to run a site like this because it is so difficult for the layman to know where else to look! You have the time and ability to do this - GO, GO, GO!!!! (No, not you, you bas**** dog - leave the cats alone!!!!)

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