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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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Abandoned... Nightmare package from OnTheBeach, what can I do?


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Hi All,

 

Im typing this still very annoyed...

 

Booked a last minute deal (after saving all year) with OnTheBeach, they told me it was a 5* All Inclusive family friendly resort in Turkey. I booked all services from OnTheBeach directly and they kindly re-assured me on phone it was a package holiday and would be protected!

They booked as the package:

1. Flights with Holidays4U.com

2. Transfers to resort with Transfers4u (part of above company)

3. Hotel appeared to booked through OnHolidayGroup (thats who got pulled into com

 

The hotel element was also not bargin basement either it was on the day mid-high priced resort (Whole package cost me £1400)

 

The day before going I found a single thread on Trip Advisior discussing the place, how it was not for english speaking people as staff had little grasp of english, apart from the manager who was about average speaking, food was poor, and resort left a lot to be desired more like 2* not 5* ( http://www.onthebeach.co.uk/popups/hotels/38865?result_id=100207445610002 ) ... I instantly contacted OnTheBeach, they stated these things where unregulated, they never had any complaints about the resort, and if I had any get in touch!

 

I thought I would trust them and went to it.

 

I arrived at resort 7am next day, buffet breakfast not until 8am so checked in and walked around. From our quick walk, we seen all facilies for kids and it wasnt good

Mini-golf - was made of concrete and metal (metal rusted, ripped, standing approx 1ft high) and holes where full of weeds

Basketball court was down very steep steps no rails with cables hanging from walls

Pool fixtures (tiles, wooden walkways, bridges etc) badly damaged in big sections, dangerous for kids.

Table tennis table inaccessible as wooden steps broken

Pool toilets out of bounds with wasp/hornet nests, broken tiles etc, cables hanging in toilets

Kids park (couple of small old frames) bad condition and broken

Bars in poor condition

Room, Bathroom smelly, not enough bedding, bathroom sink leaking, holes with exposed light cables easy reach

Mains box exposed outside door easy reach

Rubbish laying around

Dump out back

Food poor

Staff didn't speak much English

 

So I followed procedure and spoke to manager, then spoke to rep. from OHG (OnHolidayGroup), then phoned UK and spoke to OTB (OnTheBeach), they tried a have quick look for other places to transfer me and sort us out after I told them I was mis-sold package holiday (and they also started telling me it wasnt a package!!?)

My understanding would be though surely as they booked the 3 elements under one order, then surely they provided me with a package??

but after 4hrs and £90.00 of mobile credit they offered to transfer me to another 5* AI (All Inclusive) for extra £1000 p/w money I didnt have... I managed to get extra money from family and phoned back at 4pm to OTB guy was dealing with when home early and no-one would touch the case, essentially telling me try again tomorrow... At this stage kids hadn't eatten in 24hrs nor wife who was diabetic (breakfast was lettuce and museali and tomatoes and stale bread etc). Everyone want to go home, and as I really couldnt have stayed there and no-one seemed to care enough, I worked a plan to get back to Belfast

 

Book own alternative hotel for night £300.00

Paid for taxi to get there £90.00

Paid for tickets to manchester £300.00 for next night

Paid for taxi from 2nd hotel to airport £40

Landed in manchester to book flights to belfast, could only get flights from Liverpool £300.00

Taxi between Manchester and liverpool £65 (time was limited)

 

I am so annoyed! with OTB + OHG + Holiday Leisure Club (Kudasdai, Turkey)

 

I want to recover as much as possible, and cause them as much pain :| ... They ruined holiday and put us through 3 days of hell!

 

What can I do?

Who do I approach?

 

My first thoughts where start to bring OTB to county court for max possible?

 

Any ideas would be greatly appreciated!!

 

 

Now for my first sleep in 48hrs :)

 

Karl

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Hi cin

 

I would write a Formal Letter of Complaintto OnTheBeach, send it to the Managing Director, highlight all the bad conditions you've found, enclose any pictures you have, make copies for the court at a later date. Tell them exaclty how much compensation you want, make sure you give them a realistic breakdown. This will be a Letter Before Action. Send it Recorded. If you Google LBA you'll find plenty of examples.Lets see what they say?

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Courts look favorably on people trying as much as they can to resolve things before going to court. Be assertive, tell them what you will consider suitable, and anything less will be unsuitable. Ask them to respond in writing only (as if yo udo end up in court, having something in black and white them refusing what you consider reasonable, the judge will be able to make a descision)

 

Mail needs to be sent to their registered address :-

ON THE BEACH LIMITED

SPECTRUM HOUSE

TOWERS BUSINESS PARK, WILMSLOW

ROAD, DIDSBURY

MANCHESTER

M20 2SE

 

and this is the address that you will need to use on court papers.

 

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

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  • 2 months later...

Hi All,

 

Looking for some advice from all you great minds about my next steps here

 

 

28/05/2011 - FORMAL LETTER OF COMPLAINT

22/07/2011 - LETTER BEFORE ACTION

 

Finally got a reply from OnTheBeach 12 Aug saying they acted as the middle guy to pass on my complaint to the Principal Supplier of the Hotel "On Holiday Group" and the supplier of the property has offered to refund my Hotel cost even thou the claims are apparently unwarrented. Thou as far as im concerned I bought the Holiday from OnTheBeach no matter what they call themselves I bought it from them they sold it to me as a package over the phone and bought flights/transfers and hotel through them and paid 1x price.

 

Im a bit confused here as what to do next. I was hoping for them to bargin at the least... But just the cost of the hotel is about £850GBP

 

The holiday cost me £1322.09

I also spend £1100 getting back from holiday

And was asking for additional £500.00 (for 4 people for loss of enjoyment)

They seem to be trying to avoid any responsibility and not responding according

Should I send them a Final warning? and move to ABTA arrabatration OR should I aim for small claims court? Worth nothing Im alos not in the UK for a few months atm

Karl

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  • 2 months later...

hi guys,

 

The holiday supplier via the company who sold the holiday refunded only the hotel element.

 

Im going after the rest but just a quick one am I right presuing the company that sold the holiday OR should i be presuing the supplier of the holiday?? The company that sold it advised this, is this a deflect attempt on their part since they sold it to me in first place??

 

 

thanks

 

karl

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if you check teletex holidays it says they are package holidays

but after you have booked and paid they tell you you will

have diferent paynents on your credit card bill

so at the time of booking it is a package holiday

 

Yesi totally agree they`ll do anything to hide behind the fact we`re not a pacakage holiday company even in my case the company I bought it of started telling me about holiday was atol protected over the phone and booked for and paid for it all as 1 transaction. I'm convince its a package holiday..

 

Just have those moments of doubt where you think, are they really just an online travel agent that happen to sell you 3 holiday items together in what looked like a package

Holiday or should you really be going after the actual supplier. I suppose its like buying a tv from agros and it breaks within a reasonabl period of time, why would you goto the manufacturer when you bought it from argos?

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send another letter before action, tell them what you think you are entiled to

between what you have got back and what it cost you if they dont come to

any agreement then

take them to the small claims court its time someone stood there ground

you bought from them you never had any contact with anyone else

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  • 1 year later...
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