Jump to content


  • Tweets

  • Posts

    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
  • 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

Orange late payment fee


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6115 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

Hello all, I am really annoyed with orange for charging me £5 for late payment even though I paid on time. I am going to send the following letter which I hope will work:

 

 

Orange Customer Care

Orange UK Plc

PO Box 486

Rotherham

S63 5ZX

 

Dear Sir/Madam

 

I was annoyed to have recieved my bill this month to find a £5 fee added to my bill for late payment.

 

As you can see from highlited entry on the enclosed satement of the 12/07/2007, I made a call to yourselves on the 02/07/2007 which lasted 5:12 and made payment via debit card.

 

In the terms and conditions set out by yourselves located at:

terms of use for Orange Broadband & other services there is no reference to a billing cycle or how long from the issue of the statment I have to pay, therefore it is assumed under british law that the billing cycle be 30 days from date of issue.

 

Due to this fact I find it astonashing that you think you can charge me a £5 penalty for late payment.

 

Additionally, under british law, a company is only allowed to charge what it costs them due to customer missing a payment, I somewhat find it difficult to belive that it costs you £5 due to me not paying on time (and I did pay on time). If I am wrong and it does cost you £5 for me missing a payment, please would you be so kind as to elaborate the breakdown for this cost in your reply.

 

 

What I want.

 

I trust that you will understand my dissapointment in your company and seek to put it right.

 

I will NOT accept this charge and expect that you either refund me the £5 late payment fee or deduct £5 from my next bill.

 

 

Accept this letter as a letter before action, if you do not reimberse me the £5 by either of the methods above, I shall file at small claims court for the £5 fee, £30 court fee, interest pursuant to S.69 County Courts Act 1984 at 8% APR from date of fee, postage costs and as I am self employed I shall be charging my standard rate of £12ph for the usage of my time.

 

I give you 14 days in which to comply or I will file at court.

 

Yours scincerely

 

Any thoughts? Is this ok do you think?

 

David

All debts now paid off and I'm on my way to full bill of clean health on my credit scores!

Link to post
Share on other sites

If this is ref a mobile phone bill, have you called in to Customer Services to find out what the charge is for before writing/sending the letter?

Are you sure it is a late payment fee?? take another look at the statement and check it doesnt say the £5 is for Orange Care (insurance)

 

The reason I say this? Orange dont charge a late payment fees!!!!

p.s ref:

"there is no reference to a billing cycle or how long from the issue of the statment I have to pay, therefore it is assumed under british law that the billing cycle be 30 days from date of issue"

 

Your billing cycle is monthly, bill is issued same date every month, front page of bill says either - "Thank your for electing to pay by Direct Debit" and the date debit to be taken - OR - it will say "The amount due is payable immediately" with a Giro slip attatched.

Anything I post is my own opinion and views based on experience. My posts may not represent the views of my Employer, work collegues, or my Mum, i thought them up all by myself!

Link to post
Share on other sites

Hi, it is for Orange broadband, it says clearly on the front of the statement 'Late Payment Fee'.

 

The satement say's that payment will be collected in around 10 working days, but doesn't state how although it was by DD, I cancelled the DD because I couldn't afford to pay it at the time, but I rang up a week later to pay by debit card.

 

David

All debts now paid off and I'm on my way to full bill of clean health on my credit scores!

Link to post
Share on other sites

Just to add, the bill is dated 12/07/07 and they ussually take payment on the 21st of the month.

All debts now paid off and I'm on my way to full bill of clean health on my credit scores!

Link to post
Share on other sites

Ahhh, thats different then, not that its right!!

 

As you say, not exactly late, just a little delayed. I am surprised still because i have never heard of Orange charging late payment fees, deffinately not to do with the mobile side of things. maybe on the broadband side is a carry over from Wannadoo. I'm sorry i really cant help on this one because it is a totally different section.

 

Would still suggest you give them a ring and get it credited to your next bill, by the time they action on a letter, you may find you have gone past another billing cycle and have to wait another month!

Anything I post is my own opinion and views based on experience. My posts may not represent the views of my Employer, work collegues, or my Mum, i thought them up all by myself!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...