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    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Late taxi = missed train


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Hi all,

Yesterday I booked a taxi to take me to the train station and specified the time for it to arrive.

The taxi arrived 15minutes late and as a result I had to watch my train pull away from the platform when the taxi arrived.

This resulted in me having to buy a new ticket, close to £100.

 

The taxi company have described the situation as 'unfortunate' but do not accept responsibility.

I was told the taxi would arrive at the time I had requested and in my mind entered an agreement.

The train fare is substantial enough for me to feel I should go to Small Claims.

 

Am I right to do so?

Really appreciate your help.

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Just my opinion but a 15 min delay causing you to miss a train probably means that you should have given yourself more time to get there. I always aim to get to long distance stations one hour before departure in case of delays and if I arrive very early go and read the paper/get a coffee.

 

However, you have been let down by the taxi firm. A refund of the taxi fare would be good practice imo

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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Whilst we probably all sympathise to a greater or lesser extent, your complaint is obviously with the Taxi firm, but I very much doubt that you will derive any benefit from a civil claim in this case.

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Thank you everyone.

Daniella - no, I just specified that I required a taxi for a specific time. I did not give the details as to why.

 

MrHat - I see your reasoning and had my taxi journey taken longer than I anticipated then I would have to concede that it was my error.

 

Old CodJA - could you explain more?

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Did the driver give any reason for being late? Sometimes things are out of the drivers control and theres nothing they can do. Traffic, slow paying fare etc.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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The possibility of a claim against the taxi firm would be stronger if you had said that you needed to catch a particular train. Then the despatcher may have suggested you book the cab for an earlier time in order to guarantee that you arrived on time.

 

I honestly don't think you would succeed in making a claim against them because I don't think any judge would agree that giving a desired time of pick up for a taxi or minicab constitutes a contract, bearing in mind that their arrival will be governed by traffic, an earlier pick up being delayed, and so on. Otherwise we would all be suing minicabs every time they were late, and they often are.

 

I would be absolutely fuming, like you, but I don't think you would win this and it would cost you even more money to take them to court and lose.

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No there was no reason. I phoned when it hadn't arrived and they said it was on it's way but it arrived 10mins after that call. As I see it the train company specified the time I needed to board the train, and I in turn felt I had specified the time I needed my taxi. Have agreements not been made in both situations?

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We don't know which taxi firm or where this occurred and in practice I doubt it matters all that much.

 

As an example this link shows the general T&Cs relating to one London cab firm and I guess that they are all pretty much the same:

 

http://www.tlctaxi.co.uk/terms-and-conditions/

 

It seems pretty well covered by Condition 3 in this particular list I'm afraid. I would expect all Cab firms have very similar conditions and unless you can prove that you were given assurances to the contrary, I cannot see much, if any, likelihood of success in taking this to civil action.

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I can't prove it as it is illegal for a consumer like myself to record telephone conversations. (The taxi firm are legally allowed to record them, which I would argue is a one-way defence, and have subsequently told me they record their calls)

In the instance it was a written agreement I would be able to prove myself and in no doubt they may alert me to the terms and conditions.

However I wasn't alerted to any problems: they agreed that the taxi would arrive on time and in doing so I believed they would. I could have asked my friend to give me a lift if I had warning the taxi would be delayed.

 

I feel I'm entering into a sounding like a broken record now. I'm trying to avoid being angry about it, but I want to understand why these circumstances are different. Please don't feel I'm trying to be antagonistic. I appreciate your help as always.

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no, I just specified that I required a taxi for a specific time. I did not give the details as to why.

 

Therein lies the problem I'm afraid.

 

The Taxi firm recording the call wouldn't really be a 'one-sided' defence if that recording showed that you said 'I need to be at xxxx station in good time to catch the xx.xx hours train', but if you did not make that stipulation I cannot see any impartial judgement falling in your favour.

 

The Taxi firm will simply counter by referring to their T&Cs and additionally will say something along these lines: 'if Mr X had specified a need to catch that train, we would have said his time-scale was probably unrealistic and we would have suggested he needed an earlier booking to allow for traffic etc'.

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I can't prove it as it is illegal for a consumer like myself to record telephone conversations. (The taxi firm are legally allowed to record them, which I would argue is a one-way defence, and have subsequently told me they record their calls)

.

 

It doesn't help with your original query, but why do you feel it is illegal for you (as a consumer, rather than as a business) to record a telephone conversation that you were a party to?.

 

What law have you been told you would be breaking?.

There are requirements placed on businesses who record their calls (as part of their licence to access the telephone network) but these are more (not less) stringent than for individuals.

 

I don't agree that a business is allowed to record calls to a business while an individual is not.

 

If one should advise the other party that the call is being recorded, the intent (or lack of) at time of recording to later share the recording with others, and the later admissibility of the recording into evidence can all be debated : but I don't believe it is illegal to record one's calls to a business.

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The difference is that trains and planes run to a published timetable and taxis and minicabs do not. Generally if you phone and specify that you have to catch a train or a flight then the booker will probably call out the job earlier. When I have made complaints to my minicab service - a large city wide one - about late minicabs they have said they call out jobs 15 minutes before the requested pick up, and really they are hoping that a cab will pick up and get there on time. However, if a cab has been requested for a train or a flight they call it early - maybe 30 minutes before it is due - which is why often when you do request one in these circumstances your cab may well turn up early.

 

I don't think a judge would accept that a cab arriving 15 minutes late breaks a contract because they can be held up by circumstances which are not their fault.

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Very unlikely to succeed in getting any more than a refund of the cab fare, is this a private hire cab or a Hackney?

It does appear as others have said you did not allow enough time to cover eventualities.

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Hello there.

 

I have to agree with the others, I'm afraid. I think you're going to have trouble proving this.

 

Too late to tell you this time, I know, but if I'm catching a train at a specific time, I tell the cab company the timings. They know what traffic conditions will be like at that time of day and allow long enough for me to arrive with time to spare.

 

My best, HB

Illegitimi non carborundum

 

 

 

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I'm with the others on this. I don't see how this is their fault. If a friend drops me to the station, (as they always do because it's too dark for me to walk there) I always make sure they leave early so that I have enough to get there due to traffic.

 

The taxi being late is generally out of their control. I've had taxis arrive late usually because they're doing other jobs.

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Well I suppose the sheer number of you saying I've got this wrong maybe is going to mean I must concede.

It aggrieves me: All I can say now is I wish when I had phoned them when it was late that they had and given me an ETA rather than saying it was 'round the corner'.

 

I was interested by this story I heard the other week:

 

bbc.co.uk/programmes/b006mg74/features/lawyers-personal-battle-with-tmobile-over-bill

 

I suppose I thought that an agreement made over the phone was still an agreement. If for example, as Old-CodJA states, I had stated it was for a train journey leaving at a specific time, I'm not sure how that why that should affect the agreement.

 

Anyway, it's a costly mistake, I'm upset about it and I'm trying not to get myself more upset about it.

Really appreciate all your help, genuinely. Any legal back up anyone could give would be great.

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I'm sorry we are not giving you much hope of suing them, but probably the first question the judge would ask would be, "Did you specifically say you had to catch the train at (time)?" and you didn't. If you do take this to court, and I hope you won't, then if the taxi firm defends successfully they may well ask for costs for someone having to take time off work to attend the hearing. Then you will have court costs and their costs on top of the £100.

 

I do think it would have been a goodwill gesture on their part if they had refunded your fare, but you can't insist that they do.

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