Jump to content


  • Tweets

  • Posts

    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
  • 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

Are you being harassed on the telephone by your bank or by debt collectors?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5119 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

Another new ploy they have adopted is if you bar their numbers is to send an SMS to your house phone from the number you have barred. If you hear the message from the lovely woman at BT you have recieved a message from 0123456789 and you know its a DCA that you have refused to deal with then press option 3 and delete the call without listening to it simple:D

Link to post
Share on other sites

  • Replies 722
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Some DCAs' are using automated calling without a 'real person'. Connaughts are one such agency that call and it's an automated message asking you to call them ...

 

I had someone call yesterday, a real person, that was extremely miffed that I hung up the phone. She called back and gave me a mouthful of abuse asking why I felt the need to hang up and what gave me the right to! My answer was that I pay for the phoneline and can terminate a call or choose to not answer it at my descretion. Quite Right She mumbled something about it being illegal and deliberate avoidance for not supplying information relating to a debtor. I wonder what law that comes under. Certainly not one that I know or have heard of

 

I applied a different tactic and left her to rant whilst I carried on vaccuuming the hallway. If they are paying for the call then they are welcome to shout as loud as they like on the telephone but nothing in law says that I have to listen to it.

 

It's your phone so it's your call in who you talk to and when. Log the calls but don't let them annoy you or make you feel that you have to give information. Turn the situation around and ask for their name, address, shoe size and if they would like a new kitchen or new UPVC windows fitted.

 

Don't be bullied and insist they put anything they have to say in writing.

 

Steeley

Just hum over the phone that drives them mental

Link to post
Share on other sites

They are not allowed to phone you before 8-00am or after 9-00pm so if its them you have them by the bol***ks I suggest you ask for their official complaints procedure. Just ring the 0800 number fro a public call box to make sure it is them.

Link to post
Share on other sites

Don't know but my first port of call would be the police rather than trading standards for harassment.
I think Rory the Polis would not become involved unless some of these numpties harrassed or threatened you at your doorstep or other public place. Then they would leave themselves wide open to a number of criminal offences, Breach of the Peace, Common Asssault and Disorderly Behaviour to name but three

Link to post
Share on other sites

Send them the telephone harassment letter. They cannot be allowed to continue with this dispicable behaviour. You may also consider having your telephone company bar witheld numbers. This confuses the autodiallers and really pees off the DCAs. What is actually happening is that a computer automatically dials your number if you pick up then its passed to a trained monkey in the call centre. However if all the monkeys are busy they just cut you off. No excuse I know but thats the explanation

Link to post
Share on other sites

Although you can send them the letter, it may not have any effect.

I would suggest the more head to head approach.

Don't send them the letter. Instead gather the evidence and stick it to them.

 

We will be only too delighted to help you.

 

I agree with most of the numpties the Harassment letter has little or no effect but surely it strenthens any case you have against them when you do report them. After all you have made them aware that you dont want to be telephoned and they still continue to do so after you have proven they have received you letter. Surely a judge would take a dim view of this. There are many folk on here who cannot handle the constant hassle of these phone calls.

 

Dont get me wrong, I see where you are coming from but which is better evidence 20 unanswered calls a day or 5 calls a day after you have informed them not to phone. They are suuposed to be clever enough to read what you have told them so should therefore be aware of the consequences of the continued calling.

Link to post
Share on other sites

Just keep detailed records of the dates and times of all their calls. The Mods on here are building up a file on the tactics of all these companies and will advise you about legal action

Link to post
Share on other sites

I did that today, it was soooo funny to hear him get all flustered! I told him, if he had rang me then he must know who I was. He asked me how he was supposed to talk to me if I didn't answer the questions so I told him to write to me instead. :D
That would spoil his day. He would not be able to go through his pre planned scary threats scripts and he may just have to use the threatomatic computer instead. See how easy it is to frustrate these monkeys:D

Link to post
Share on other sites

Yes i am aware that i dont have to pay, which i haven't done by the way.

Many thanks for your help. Have to go now and have a wisdom tooth out. What with having headache's with the DCA's, already have a headache with the thought of having my tooth out.

 

But at least these people dont upset me like they used to, just a bit unsure at times on what to do next.

 

 

Thanks again AnimalMagic

 

Fran

You should send your wisdom tooth to the monkeys in the DCA. Obviousl wisdom is somthing they lack.

Link to post
Share on other sites

Can anyone tell me if i can now report CSL to TS, apart from constant phone call, which states if i am.. ( name) press 1, or if i am not ( name) press 2, if i am not ( name ) could you please get her to come to the phone..etc..etc..

Apart from this being constant sometimes up to 5 or 6 times a day, i still have letter's from them, and the one letter i recieved today was addressed to the householder, and when you opened it, it my name and details are on the letter, you are then told whoever opens the letter to tell me to phone them.

 

CSL have already defaulted on a CCA and so has Barclaycard, all they sent me was my application form.

 

What is my next step do i send everything to TS now.

 

Hope someone can help.

 

Thanks

They are getting frustrated now and digging themselves into a huge hole. Report them to TS now, keepd a log of all their calls. Also write to them and demand details of their internal complaints procedure

Link to post
Share on other sites

I did somethig similar a few days ago. I confirmed who I was and the guy said, "I need to ask you some security questions", and I said, "I'm not answering, I explained in writing back in March that I was not dealing with your company over the telephone, if you have anything to say, please write to me" and put the phone down. As I don't (currently) have a way to record, I'm just keeping a log.

They dont know you havent a recorder;) Pressing a button on your phone has the same effect:D

Link to post
Share on other sites

My first complaint in writing went to them in November 2006 but they never replied to this. I wrote to them again on April 13th, complaining and again asking for a copy of their complaints procedure, but didn't receive one, just a letter saying "go away", I have now written six letters asking for a review of the case and got absolutely nowhere, the last letter I had from them said that if I wasn't satisfied I could write to a Senior Investigator, which I did, but even this added an extra stage into their own procedure which should have been complete at that time. But thanks for the information - I will go to the FOS tomorrow, I thought I had to wait for this last stage to be answered by them.

No

 

They have 40 Days to resolve your complaint.

 

The FOS will only deal with matters where a complaint has been made after 6th April 2007

Link to post
Share on other sites

Hi - sorry ODC, does that mean I can or cannot complain, Of course you can complain to the FOS now that the company have failed to resolve your complaints sorry I'm confused as this has been going on so long? The first complaint I made was in Nov 2006 but the first of this round of letters was sent to them on April 13th 2007. Thats fine as its after 6th April That was the first letter I actually received an acknowledgment of but it was a letter I sent in May which they appear to be investigating now.... They should not be DEMANDING payment or making threats while the matter is under dispute and they are investigating your complaint

I hate them. I've had a lousy night worrying about this. Thanks for your help.

Manys a sleepless night we have all had because of the tactics used by these people who never seem to have any interest in your problem and trying to work out a mutually satisfactory arrangement. They are not worth worrying about. You will get all the help and support you need on here. No matter what your problem is someone will have experienced the same thing before. These people all follow a standard pattern so you are not the first and will definately be the last. Remeber the Original Creditor is always responsible for the actions of its employees or any agency it employs to deal with you

Link to post
Share on other sites

This latest letter sounds like a standard computer generated threat letter. I now think its time you involved the Banking Ombudsmans Service in this matter, You have been treated shamefully in this sad affair. Another person who loves to deal with arrogant banks like this is Tony Hetherington of The Mail On Sunday. He has a finace column which is excellent. Perhaps an email to him may buck up their ideas

Link to post
Share on other sites

The Financial Services Ombudsman (FOS) can look at any complaints about your bank, not just those since April.

 

You should certainly complain to them at this point - they will not be able to look at the matter until either (a) the company have sent you a "final letter" or (b) at least 8 weeks have elapsed since you made the initial complaint.

Cheers for that. I was getting the April date mixed up with the date they can deal with the DCAs:)

Link to post
Share on other sites

. I am now feeling sick with worry.
Do not be worried. You have done nothing wrong and everything right. Its HSBC who should be worried. The matter will be very serious for them now that the FOS has become involved

Link to post
Share on other sites

  • 2 weeks later...
I have just had a distressing call from a dca.

Because I would not confirm my date of birth, he said he would not stop calling he was legally allowed to call 3 times a day!!

I asked that he only corresponded in writing, he said because I would not comply with the security checks he would not help me at all by dignifying anything i said.

 

I am so upset can anyone help???

I assume you have sent them the Telephone Harrasment Letter. If so report them to TS and the OFT.

 

I wouldnt be upset. You have actually beaten them they could not proceed with their threatening call. :D The really are talking claptrap about three calls a day. If you tell them to stop then they should comply with your LAWFUL request. I remember once a muppet from Clownells who told me if I would not give him my details and mobile phone number he would see to it that all 350 employees at Clownells would ring me every day. I aske him he he realised how sad he sounded. He said what do you mean. I played the tape back to him and hung up. Im still waiting on the other 249 staff to call me.

Link to post
Share on other sites

Thanks ODC, as ever you have restored my faith I was beginning to doubt myself especially when he said "dont tell me about telephone harrasment, I know everything there is to know. are you legally trained?"Obviously a pompous prat who has been brainwashed by his bosses. He obviously hasnt heard of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. If the harrasment continues you can of course report them for breach of the 2003 Communications Act section 127. You can as I told you earlier report them to TS and the OFT. Ofcom is another group who would be interested in your complaint as well as your telephone company.

Well I'm not so I was stumped, I ended the call with "well the amount has been paid so look a fool and take me to court then." Now i am itching to call back as I cannot believe I let them upset me so much, I am usually so calm.

 

Can they record any details of that call if I would not answer security questions???

They will probably make a note on their computers but what the hell. They will certainly not have recorded the call because it was illegal. It is important that you log all calls they make. If you are not recording their calls make sure they think you are.;)

Link to post
Share on other sites

Hi there, this is my 1st thread so I guess this makes me a newbie. I've been visiting CAG for some time now.

 

To the matter at hand, I've been receiving phone calls from Alliance International Credit for a few weeks now as advised by my wife who happened to be home on a few occassions. I was home one evening 2 weeks ago when the phone rang (witheld number of course), converstation went along the lines of

 

Caller: "Can I speak to such and such person".

Me: "Speaking" (As you do)

Caller: "My name is Mr McConnochie (Scottish accent), can I ask you some security questions"

Me: "No you can't, what's this about?"

McC: It's about your Associates (or something to that effect) A/C

Me: I've never had one of those, I don't know what you're talking about

MC: "Yes you do", Answer some security questions and I'll tell you what's it's about"

Me: I don't know what you're on about and I promptly hung up.

 

Seconds later he calls back and I promptly tell him in no uncertain terms my number's ex-directory so he shouldn't have it in the first instance, I also advise him this is harrassment, he responded "It is Not", I then told him to write me if he needed to contact me and never to call my house again, then hung up.

 

I then receive a card on Satruday the 21st requesting immediate payment of £431.44 for something I have no idea of, I've never owned an Associates card.

 

He left me a v-mail today at 14:14, can anyone point me in the right direction of the Telephone Harrassment letter as I'm geting quite miffed with this character, I intend to send it to every office AIC has.

 

I'l be contacting TS, Consumer Direct and anyone who'll listen tomorrow, oh yes and another thing, I intend to be waiting outside Maplins when they open tomorrow..

 

Is there anything else I should be doing?? Arrrrrrgh!!!!!!!!!!!

Start a new thread of your own so as the replies do not get mixed up in this one and we will help you sort these muppets out - they are probably after someone with a name like yours

Link to post
Share on other sites

  • 3 weeks later...
I'm getting calls from a certain firm of solicitors, despite the debt being statute barred and court action that has been stayed for months without them responding to the defence.

 

It's not my debt but it is my phoneline and I object to having messages left on it and when I answer it, some rude person insisting that I give them information.

 

Steeley

 

Steeley

 

First check that they are a bone fide firm of solicitors by checking the Law Society web site at The Law Society - Find a solicitor . If it a OK firm, then you should make a comlaint to the Legal Complaints Service at www.legalcomplaints.org.uk . I would also send a cpy of the complaint directly to the firm to let them know you mean business.

 

You will probably find that it is some plank calling from a DCA in house so called solicitor. Write to them and suggest they contact a REAL solicitor to get an explanation of Statute Barred. Report them to the Society of Solicitors in Leamington Spa

Link to post
Share on other sites

  • 2 weeks later...
What is the email address? perhaps if they get enough messages from GAG members they will do something;)

 

Tri

Would it not be better for the Mods to obtain all our signatures and request a programme. It might be better coming from them.

Link to post
Share on other sites

Ok, I Am Being Called 3-4 Times A Week By A Debt Collection Agency Regarding A Debt Approx. 8-10 Years Old. I Hadent Spoken To Them About The Debt For All This Time Due To Moving Out Of London For Certain Domestic Problems And Probably Too As I Changed My Assumed Name But Not Via Legal Deed Poll(for Purely Legitimate Reasons Which Can Be Proved If Need Be). Now Im Back On The Electoral Register In My Original Name, They Are Inundting Me With Calls. On The Phone I Agreed To Pay £5 A Month, But As Im On Jsa Benefit Havent Been Able To Stick To It, Hence More Phone Calls. They Are Really Rude, And Once When My Baby Was Cryin I Said I Couldnt Talk Right Now And He Had The Nerve To Say 'why Cant You Talk Now'? I'm Starting To Be Afraid To Answer My Phone To Numbers I Dont Recognise. Any Help Would Be Very Gratefully Received!
Who is the scummy DCA and have you sent them a CCA

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...