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    • New thread started as you & LFI suggested.  It's best to have one ticket per thread, if not people get confused about which ticket they're giving advice for. Firstly, you have every right to be absolutely fuming at MFG.  You go twice and spend money - and what do you get?  A demand for £100!  Do the people who caused this mess resolve it?  No, they lie and mess you about.  No wonder you're so angry. However ... we're worried you’re leaving yourself open to accusations of theft (even though you made it clear the goods would be returned) and criminal damage.  If you take the initiative and approach the garage politely, (a) that covers yourself at least a bit regarding any possible criminal accusations, and (b) if the manager has a brain you two can easily sort everything out. I say if the manager has a brain.  They might try and play the hard case and stupidly put the blame on you.  Who knows. Anyway, how about sending this 1st class post on Monday?   Dear Manager, I am the person who temporarily took some non-perishable goods from the BP shop on Wednesday and left a letter. I have since calmed down and am writing this letter in a friendly, amicable way between adults without abuse or at all costs apportioning blame. What happened is that some time back I visited your premises at 3.15am to buy fuel.  I then revisited at 8.30pm the same day to use the shop. Afterwards I received an invoice from Euro Car Parks for £100 (discounted to £60 if paid within 14 days). What happened is that the ANPR cameras joined the two visits together and ECP issued the invoice for me staying an absurd 17 hours.  I mean you provide a good service but who would stay 17 hours! If you Google "double dipping" you will see that this is a continual problem in the private parking industry and the industry’s own Code of Practice highlights how steps should be taken to avoid issuing invoices in these cases. When I brought this to MFG's customer services' attention you refused to have the invoice cancelled.  I also visited you and again you were unhelpful. Please "take a step backwards" and put yourself in my position.  Say you visited a supermarket on a Saturday evening.  You also visited on a Sunday evening. Later you got a demand for £100 from a private parking company.  You politely asked the supermarket to intervene but they refused.  I think you would consider the matter unfair and you would be extremely angry with the appalling customer service. Anyone who has even a rough knowledge of the law knows that ECP are your agents, you called them in.  You are the organ grinder.  They are the monkey.  You can easily tell them to cancel this invoice. So i am writing to request an appointment with you in order firstly to return the goods which are yours and of course which I should never have taken.  I would like us to be able to speak in a friendly, adult manner. However, secondly I am not prepared to take all the blame for this matter.  I also request confirmation from you that you have had this unfair invoice cancelled. Yours,
    • well post it to youtube or facebook. so we can look at it.  
    • I've got it on my ring door bell footage I'm baffled! 
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    • its the OP's car PCN PARKING ON LOADING BAY NEXT TO DISABLED BAY - Local Authority Parking and Traffic Offences - National Consumer Service dx
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      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.  

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi

My husband had a tradepro card account for his business. He found himself out of work and got behind with payments. Despite being offered token payments they refused and passed the debt on to CDC who constantly phone and write. ( i tell them to write and dont speak to them)

I got advice from people on this site and sent off for a CCA and they sent me a copy of the application which also says it is a credit agreement...I have tried to paste it up on this thread but dont know how...i would be grateful if someone could tell me/

 

DCD have now added £859.19 and threaten to start legal proceedings in 7 days.

 

I dont know what to do next... Hubby is worried and wants to offer an amount each month but i want to check everything is above board.

 

Any advice most gratefully received

 

Tracy

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Hi tracyd :)

 

Have you had a look to see if your agreement is enforceable? This thread here will help you - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

If you want to paste a copy of the agreement, remember to blank out the personal information and use a site such as Photobucket to upload the image to, so you can link back to it on your thread.

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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Hi ananya

Thanks for the info. I have checked the link you sent me and it appears i hope!! that the agreement is not properly executed.

 

I have pasted it for anyone to have a look at and see if they agree.

 

I hope people can see it...not sure how to zoom in on it.

 

Kind regards

tracy

 

tradepro.jpg?t=1203888186

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It's a little difficult to read.

Does it contain all of the prescribed terms ?

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

  • Haha 1

Be VERY careful whose advice you listen too

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Hi Curlyben

Yes i agree it is a little difficult to read.

I dont know how to make it easier to read.

 

It does have the credit limit on the top of the application form.

also it does have the rate of interest but i cant see anything about repayments.

 

I will have a look at the link you sent me as well.

 

We are getting harrassed all the time over this and i really wanted to try to sort something out.

 

Kind regards

 

Tracy

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From the bits I can make out it looks like an application form.

 

Any chance you can scan it so it's about 600 dpi (pixels) x 1700dpi

then upload to photobucket and post a link to it here?

 

Needs to be properly readable, so we can see if it contains all the proper things it needs to make it a proper executed agreement.

 

It's probably not, but always best to make 100% sure before continuing.

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Hi

Another question:grin:

 

If the CCA above is not properly executed could anyone point me in the right direction of a letter to send to the DCA.

I have been looking but cant seem to find one that seems right.

 

Thank you

Tracy :)

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I just saved the document and sharpened it in Photo editor, now it was not brilliant but there are no prescribed terms relating to repayments on there. There is a credit limit and a rate of interest, thats it.

 

Tracy, just make doubly sure that the agreement does not contain the following

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

 

Hope this helps

Flick

[COLOR=blue]THAMES CREDIT: STATUTE BARRED LETTER SENT [/COLOR][COLOR=red]No reply[/COLOR] [COLOR=#0000ff]HILLSDEN SECURITIES: CCA REQUESTED [/COLOR][COLOR=red]No reply[/COLOR] [COLOR=#0000ff]ROBINSON WAY: CCA REQUESTED [/COLOR][COLOR=red]In default, 30 days up 6th April[/COLOR] [COLOR=#0000ff]LOWELL: CCA REQUESTED [COLOR=red]In default 30 days up 6th April made offer for F&F - refused [/COLOR] :D [/COLOR]

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I am so sorry if i am making a pigs ear of this. I am trying to make my CCA readable. :shock:
Start an account at Photobucket, next scan the document so it produces a full size A4 scan and save it.

 

Go to Photobucket/My Account and locate the Browse buttons to the right of the page, locate your scan, press the upload button and wait until you can see your scan as a thumbnail on your account page.

 

Click in the 4th box underneath your scan thumbnail and a yellow box will open saying "Copied", paste (CTRL-V) that link into a blank line in your message and you'll get a good clean scan in your message like this....

 

yawn.jpg

 

Good luck... Dave. :)

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Curlyben.

Thanks very much for clarifying that the CCA is all above board:mad: :mad:

 

In your .e.mail you mention sending a SAR to tradepro and to send a letter of dispute to the DCA.. They have added the £850.00 like they said they would.....can i do anything about this as i think that it is a ridiculous amount.

 

I will send the SAR asap. We cant afford to pay the full amount now around £3,750 ish so wonder if i we should send in income and expenditure forms etc

 

Can anyone offer me advice to what they think would be the next best thing to do.

 

I am very grateful for any advice given.

Tracy

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Unless there is a clear contractual obligation adding "collection" fees of this order is unlawful and a clear breach of OFT collection guidelines.

 

Once you have sent the S.A.R to TradePro throw this at CDC:

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

I am disputing the total value of this debt with TradePro. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

 

Yours faithfully

Be VERY careful whose advice you listen too

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Curlyben and everyone else.

 

Thanks very much for all your advice on the above matter. Its amazing how the support from people on here can make you go from despair:eek: to realising that things can be sorted and you dont have to be worried or take any s**t :p from the DCA's.

 

again my sincere thanks.

Tracy

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Tracey, no worries it's what we do.

After all at the end of the day, if a debt is valid and compliant, we want to pay what we actually owe and not inflated "collection" charges.

Be VERY careful whose advice you listen too

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Curlyben or anyone

 

I have today received a default notice for the tradepro account. It says it a notice of intended legal proceedings.

 

It says that they have added another 25% of the balance by way of a debt recovery fee. This will be a £1000ish. They have just added £850.00!!!! The total amount is now £4442.50 to be paid by 13/4/2008

 

It also threatens bankruptcy:eek: proceedings.

 

I have sent a S.A.R to Tradepro so do i send the letter that curlyben advised me to send to CDC (the DCA) or do i need to wait to hear from Tradepro first?

 

I felt confident about taking on this company but this letter has put me back on my a@*e.

 

Any advice on what to do next please.

 

regards

Tracy

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Send my letter to CDC.

Should make them think twice about what they are doing.

Also bear in mind these as simple template letters that they send out.

They are designed to cause alarm !!

Be VERY careful whose advice you listen too

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CB

Thanks for your quick reply. I will send out the letter to CDC. Should we be offering token payments or anything or do we just leave it to see what comes back

 

Tracy

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Hi. IMO dont make any offers. untill they produce the prescribed docs, you dont have to do anything. Do they really think they can take you to court with all the added charges? highly unlikely and probably scare tactics to get money before april 6th.

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