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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • dx100uk
      PCN in Rochdale on a road. Wrong location and offence on PCN

      By dx100uk · Posted

      all DYL's are subject to a TRO. looking at this newish, ever increasing as old ind units have gotten removed, estate, there are only lines on one side, on the other there is a parking lane with traffic calming through which you mention. i seriously doubt your mate has any clue what he is talking about.!! its not a private housing assoc estate. so its a public council owned road. no construction co can just decide to draw their graffiti on a road. the DYLs are certainly there pre 2016 even before his home was built. now ive had a quick look to see if the main access to royal park road has signs. there is no royle park road even on your map but there is a royal barn road which leads to where you are parked royal road has a restriction sign on the pole by the fence of the electric substation jnc with gipsy lane there does not appear to be one leading in from the other end - tesco petrol station
    • CrazeUK
      Speeding ticket stop - no ticket

      By CrazeUK · Posted

      Hi All. I was driving in Stevenage down a 40 road.  After coming off the motor way i noticed my car felt a little "weird" so i accelerated, then slowed the car down.  Shortly after i got stopped by a manned police car with a laser. During the stop the officer stated i was doing 54 in a 40, the conversation was short, but he said i would unlikely get a awareness course and it was most likely 3 points and a fine.  Mrs thought it was a good idea to have dairy when she is lactose intollerant on date night, so we just got on our way.  At the time, i didnt admit to the offence, but did say i didnt realise and had slowed down in any case. The officers chest camera was recording and on. At the stop, he asked where to send the fine to, as i knew i would be travelling to visit family up north, i provided my temporary details at that location in Yorkshire. It is now 05/05 and i havent recieved anything at either my home address in Stevenage or the temporary address. 1. Is there a time limit in which paperwork needs to be sent to me. 2. SHould i query the ticket as i dont want to miss any deadlines (if so who do i check with?) OR should i keep queit. 3. Given nothing has arrived in 20 days, is there a chance of appeal if and when it comes through? Many thanks CrazeUK
    • CrazeUK
      Failure to insure Fine

      By CrazeUK · Posted

      Hi All. A family friends car was having issues when she was on a trip visiting family up north at the begining of January.  She ended up leaving it at my friends garage in the same location, who parked it on his forecourt to investigate the issue, howver he said most likely it is beyond economical repair as its a serious gearbox fault. In the meantime i replaced her car with one of my spare cars. The insurance on the car then expired in at the end of January.  When the insurance expired, I sent a paper V890 paper as i didnt have her V5 Reference number in hand to do it online (i have a copy of this).  She didnt mention she hadnt recieved any confirmation as she didnt know if she would get one.  She then cancelled her road tax at the end of March (i think) as she was paying by DD. She then was travelling up north so didnt get her ,ail until last week. She recievd a letter dated 09/04/2024 stating she had failed to insure the vehcile and there was a £100 fine which could be reduced to £50 if she respons by 11/05/2024.  As soon as we noticed, i got her to dig  out the V5 and SORN'd the vehicle.   My friend has been a bit slow in checking the fault, however i suspect it will still be scrapped and is still on his forecourt. Is this possible to appeal?
    • dx100uk
      Trying to find contact details for prime credit 5 S.a.r.l

      By dx100uk · Posted

      worthy to not forget Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator for treating borrowers who were in arrears unfairly. Claim those charges back plus the interest and tell them not to add any more to the account. There are a few news stories here you can get the info for a letter to send to them. http://news.bbc.co.uk/1/hi/business/8615870.stm  
    • CrazeUK
      PCN in Rochdale on a road. Wrong location and offence on PCN

      By CrazeUK · Posted

      Hi All. I went to visit a family friend in Rochdale on a new housing estate opposite a old row of houses. The location is Royle Road, Postcode OL11 3PE. I was originally parked in parking bays outside the old houses, then moved the car, when I noticed my tyre was flat, so parked on what looked like double yellows to use his air pump to check and inflate the tyres before we left the house.   In the time i went inside to sort the pump and power supply i got a PCN.  The tyre then got changed (has a puncture) and we left. PCN Number:         RE######## Date:             04/05/2024 Time:             20:36 Observation:         20:34 to 20:36 Reported location:     Royle Park Road Reason:        Parked in a restricted street during prescribed hours (Code: 01) I believe this PCN is not correct and has grounds to appeal: 1. My friend who moved into the property around 6 months ago, swears that even though it has old double yellows marked, they are not current or council marked.   He said the property development company had said they had marked them for ease of access during development. 2. The road i was parked on was Royle Road.  The PCN was issued for Royle Park Road, which is about 400 yards up the road. 3. There are no sign posts or marking showing parking  restriction hours in the entire area (there maybe on Royle park Road). I have attached a map of the Location where i parked as a red dot. I have 2 questions: a.  Is there a way to check where double yellow lines are marked on some register to check if they are current? b. Can my grounds of appeal simply be, wrong location, wrong offence? Thanks in advance. Map_20240505.pdf

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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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Kings Hill - Final charging order

Sailor21

By Sailor21
in Debt Collection Agencies

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elizabeth1

elizabeth1

Posted
Posted
I have just returned trom court and the judge, faced with the final charge application from Kings Hill on one hand and the Cabot payment agreement on the other said that it looks like a left hand and right hand situation and ordered an adjornment so that we / hodsons can proove / disproove that the two debts are the same. Their solicitor left in a hell of a hurry before the judge had properly finished!!!!!

 

I welcome any sggestions and would add that I am prepared to pay the £2800 of the original debt but dont see that we should pay the almost £1000 costs.

 

 

Can you please tell me which Cabot company is the payment plan for - is it for Cabot Financial UK Ltd OR Cabot Financial Europe Ltd ??

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  • 3 weeks later...
Sailor21

Sailor21

Posted
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Well, I have just received the reply to my CCA. They have returned my cheque saying they do not accept this statutory fee.

They also say that there will be a delay whilst they obtain the relevant documentation from the CCC.

They also enclosed a copy of the notice of assignment on CCC headed notepaper, dated this month but supposedly effective from 2005 and unsigned - Is this kosher?

They say that this letter "constitutes written notice of the assignment under section 25 of the Law of Property Act and therefore we have no need to provide a copy of the assignment deed itself" Advice please!!!:???:

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Rhia

Rhia

Posted
Posted

You need the original copy of the letter of assignment as they will have to produce it in court. If they have not assigned the account correctly you can apply to have this action struck out or overturned. They have to prove that they sent and that you received the letter of assignment and if they brought the court hearing BEFORE it was correctly assigned the action is invalid.

However there are a couple of things here.

1. If they cannot produce a true copy of the original properly executed agreement with all terms and conditions as laid down in the CCA1974 they cannot proceed with the case and I would be inclined to ask for a stay and show the court the letter they have sent. They don't even know they have an enforceable agreement that's how shoddy these people are.

I would also look at the court protocols which allow you to ask the court to instruct Cabot to give you any information you may need. It's part 18 I think.

Once you have that you can ask the court to stay until all the evidence is amassed. But it comes down to two things, the first being no agreement the debt cannot be enforced and if it has been assigned incorrectly you can get it struck out.

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Jeff2000

Jeff2000

Posted
Posted
Sequenci I have read before that S25 of the Law of Property Act was repealed but cannot find confirmation of this fact. Can you point us to it?

 

 

Hi,

 

 

I have also heard this. It would be nice to get some solid confirmation!

 

Cabot often refer to s25 of LOP! I wonder why!!!?:idea:

 

 

Jeff.

http://www.consumeractiongroup.co.uk/forum/campaign/210533-mbna-harrasment-calls-petition.html
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andrew1

andrew1

Posted
Posted
S. 25 repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch.4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

 

(taken from the statute law database)

 

Home - Statute Law Database

 

well done, but in laymans terms for everyone out here, can you say exactly what that means in relation to the fact that Cabots are quoting s.25 in this instance to sailor.

 

It's strange, because they site LOP in their 'purchasing' accounts from the banks then go on to use it in relation to getting out of their CCA responsibilities to the debtor.

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sequenci

sequenci

Posted
Posted

Well guys,

 

I'm trying my hardest to find out excactly what s25 actually states. Since it has been repealed my texts have had the wording removed.

 

It seems to be something to do with having the power to postpone the sale of land, but I'm none the wiser. Regardless, if they are using that section of the LOP 1925 they clearly are mistaken to do so.

 

25 ...

 

. . .

 

NOTES

Amendment

 

Repealed by the Trusts of Land and Appointment of Trustees Act 1996, s 25(2), Sch 4; for savings see ss 3, 18(3), 25(5) thereof.

 

i'll try and do more investigating :)

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sequenci

sequenci

Posted
Posted
well done, but in laymans terms for everyone out here, can you say exactly what that means in relation to the fact that Cabots are quoting s.25 in this instance to sailor.

 

It's strange, because they site LOP in their 'purchasing' accounts from the banks then go on to use it in relation to getting out of their CCA responsibilities to the debtor.

 

I'm keen to see this challenged. I'm sure their interpretation of s189 of the CCA is way off the mark. At the end of the day, a regulated agreement is a regulated agreement regardless of who is the "owner" of the debt.

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Sailor21

Sailor21

Posted
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Wow - Thanks for all that input guys!

 

Those who have read the full thread will know that Cabot/Kings Hill have already obtained a CCJ against my wife and are trying to get a Final Charge against our house which I have no doubt will end up with them trying to force a sale of the house. I have managed to obtain an adjournment as the judge was not sure if the case of Mercantile Credit v Ellis applied here. CCA from Cabot definatly cites Section 25 of the LOP as in my post above.

 

I did find a copy of the LOP after a Google yesterday and it refers to delaying the sale of a property if there are trustees involved. Most sites do not list a section 25 probably because as sequenci says, it has been repealed. Can't find the site today!

 

I am now preparing papers for delivery to court tomorrow.

 

All help and comments are most welcome

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Sailor21

Sailor21

Posted
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No! This is part of the problem. A payment plan was agreed with Cabot after the CCJ and is being paid. This gave the judge cause for concern as she did not know if the Final charging order could still go ahead so she called a halt whilst she checked it out. She also commented that this seemed like a classic left hand / right hand situation on the part of cabot

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Rhia

Rhia

Posted
Posted

Not entirely sure about Charging orders but I would have thought if you were paying as agreed they cannot apply for one. I thought it was only if you failed to keep up payments after CCJ.

An aside but also making an unsecured debt into a secured debt by way of a charging order could be argued against as an unfair practise or unfair relationship - not sure of the actual case law for this but it's worth reseraching and adding to the pot.

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andrew1

andrew1

Posted
Posted

Take a read through this OFT Debt Collection Guidance Sailor - it lists unfair practices - one of which is to encourage further lending to pay off debt. Getting a charging Order is one step nearer that http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/84273-oft-debt-collection-guidance.html

 

I've not the time just now to scan through but there's certainly something in here you can use.. Good luck matey.

 

Sarah

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sequenci

sequenci

Posted
Posted

1. The OFT debt collection guidance is just a guidance and MANY dcas don't give a damn about it (sadly)

 

2. If the instalment order wasn't arranged through the court I would imagine Mercantile Credit v Ellis wouldn't stand as the instalments are informal and the judgment may still be in default (i'm hoping the judge sides with you, however)

 

3. Did you submit any objections to the CO being made final?

 

4. Have they tried to get interest on the judgment?

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Sailor21

Sailor21

Posted
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sequenci

 

1) Yes I understand this but it is another thing to bring up to show Cabot in a bad light.

 

2) That was my understanding as well

 

3) There are few grounds for objection so I have relied on pointing out the mistakes in their paperwork and the fact that they are using Kings Hill who they say bought the debt in 2005 so are now called Cabot UK

 

4) Can you explain this please. There have been no further approaches from Cabot

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