Jump to content


  • Tweets

  • Posts

    • Thanks London  if I’ve read correctly the questionaire wants me to post his actual name on a public forum… is that correct.  I’ve only had a quick read so far
    • Plenty of success stories, also bear in mind not everyone updates the forum.  Overdale's want you to roll over and pay, without using your enshrined legal right to defend. make you wet yourself in fear that a solicitor will Take you to court, so you will pay up without question. Most people do just that,  but you are lucky that you have found this place and can help you put together a good defence. You should get reading on some other Capital One and Overdale's cases on the forum to get an idea of how it works.  
    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
    • Here's a suggested modified version for consideration by the team. (Not sure whether it still gives too much away?)   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you added. Shall we raise the related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding parking periods. Especially with no consideration of section 13 in your own trade association's code of practice and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked, unmanaged over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the above issues and more, with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture a couple of useless ANPR photos. If you insist on continuing this stupid, money grabbing quest, after having all of the above pointed out, we will of course show this letter to the Judge and request “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Signed, "Spot". (Vehicle Keeper's pet Dalmation).
  • 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

Duffers mum v Sainsburys Bank


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2174 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

The second default notice gives me 5 days to pay, the first one (from last year) gives me 14, I must admit I'm getting a bit anxious about this now, which no doubt is what they want, I would just like them to be reasonable and accept a fair F&F settlement. :(

Link to post
Share on other sites

  • Replies 561
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Perhaps, you should take the time to read some of the threads of people who have been in similar circumstances, DM. It may ease your worries a little.

 

Believe me, you hold all the cards in this situation. If what you say is true HBOS have absolutely no hope enforcing in court.

 

The fact that they are so unreasonable in refusing your F&F settlement offer is ultimately their loss!

Edited by rosierose
Link to post
Share on other sites

Rosie - thanks for your replies and i know what you say makes sense, i'm just worried that i might have to go court!

 

BB - I wish I had your confidence! I'm sure the documents don't comply, but I can't be 100% sure, why would they threaten court action if they didn't think they had all the correct documentation in place?

Link to post
Share on other sites

well the quick answer to that DM is they will not provide the courts any details and they will hope to get a deafult judgement against you as they will hope u dont reply to the paperwork.

 

U will find loads of companys dont comply with the rules and have a hope for deafult judgement policy.

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

yes and there will be easy signs it is a court document but i will go into these later.

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

anyway in the mean time have u sent a SAR request?

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

No, not yet, will try and do that soon. Have been very busy enjoying a well earnt holiday and, because these useless companies refuse to accept what I've offered as F&F, I've also bought a new car, without the need for finance (thanks to DH's inheritence) was a lovely feeling being able to pay with my debit card, we've also paid a huge chunk off our mortgage and cleared a big loan we had, unfortunately most of the money has gone now but we think we've put it to good use, although would loved to have just kept it for us to spend frivoursly! Still have a few grand put aside for when the idiot companies decide to accept what i've offered, but thats all I've got so they won't get any higher offers! :)

Link to post
Share on other sites

  • 4 weeks later...

I have today received another letter from Blair Oliver & Scott thanking me for my recent comunication but advising it is not their policy to accept a reduced offer in settlement of an acount unless the circumstances are of an extreme nature or the offer a substantial one, if any amount is paid lower than the full amont they will accept the amount as part payment to reduce the balance but I would remain liable for any remaining balance.

 

apart from the fact I haven't offere BOS anything, my offer was to Sainsburys bank, how do I respond? Should I state that not providing the correct documentation requested in a CCA is by my reckonining an extreme nature of circumstance as a court would wish to see the correct paperwork, or should I just respond and say, your loss, this money will now be used to up my offers to my other creditors?

 

Any advice would be much appreciated, i am going to S.A.R - (Subject Access Request) Sainsburys this weekend, have been so busy sorting out my late mother in law's estate I haven't had much time to deal with these idiots.

 

Another thing - am I correct in thinking that when they issue a default notice it should be accompanied by an up-to-date statement? I have not received any statements from Sainsbury's since March 2008. I have just checked that statement and the current balance outstanding and they have now, at last, stopped adding interest and charges (my balance increased by over £1,000 since my reduced payments due to their charges etc).

 

Am off to do my SAR to them now. :)

Edited by Duffers Mum
Link to post
Share on other sites

Help! is this the correct letter to send them?

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

I want to make sure I send the correct one! Thanks :)

Link to post
Share on other sites

Am I right in thinking that if I have sent a letter headed Official Complaint to Blair Oliver & Scott they are obliged to respond to that within a certain timescale. I sent a letter to them in early May headed official complaint, enclosing a copy of a letter I sent them in April which I also asked to be treated as an official complaint, and the only thing I have received from them is a letter saying they do not accept my offer (which I never actually made to them anyway). Who should I report them to?

Link to post
Share on other sites

8 weeks BB i think this is more than 8 weeks.

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

  • 3 weeks later...

Received an email reply from the FOS advising me I need to send in the proper form before they can act, however they have given me a reference number so I will have a look into what I need to do further later today. As Blair Oliver Scott have not sent me a copy of their complaints procedure or even acknowledge my complaint which was sent in April they are well outside the 8 weeks in which they should have responded.

Link to post
Share on other sites

Form downloaded and filled out, and accompanying documentation all copied, am posting off to FOS tomorrow, although don't expect them to actually do anything, however they should do just for the fact that BOS haven't sent me a copy of their complaints procedure and I asked for it in April! Do firms get charges if the FOS have to investigate?

Link to post
Share on other sites

yes its £400.00 per complaint i think.

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

Oh so ur deciding to get your moneys worth then lol.

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...