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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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      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.

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Origin Broadband not refunding for cancelled order


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Hi Guys,

 

On February 22nd I placed an order with Origin Broadband and paid £27.99 up front as they had a really competitive deal....However that night i decided to read reviews (my bad for doing it in that order, usually i read reviews first!)...Anyway i discovered so many many bad reviews about the company that it made BT look as though it was the king of Customer Service. So naturally i decided to cancel the following morning when the lines opened.

 

So i called up (February 23rd) and after waiting 43 minutes in the queue, i was able to cancel my order and would told my refund would be back in my account within 10-14 days....On March 14th nothing appeared in my account from Origin, I called again, but this time i just hung up after 26 minutes in the queue as i had things to do. I emailed in and no reply to this day. Since then i have looked around, Facebook, Forums and Review sites and there are a lot of people saying they have been waiting 2+ months for their refund.

 

I did try to submit a complaint to Ombudsman, but they wont touch it because it hasnt been ongoing for 8 weeks. To me it is clear that Origin are not going to issue the refund, based on what i have seen from other people. I thought about small claims, but after fees it would cost slight more just to take them to Small Claims, what can i actually do here? Whilst it is only £27.99, im not the type of person that can let a company get away with something like this....it urks me! :|

 

Any advice would be greatly appreciated

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I'm afraid that I have no idea what else you could do.

 

Now you see what a load of rubbish the communications ombudsman is – even worse than the financial ombudsman service. It is clear here that the very core of your complaint is the fact that they're not returning the money quickly. One might even imagine that they realise that ombudsman complaints can't be started for eight weeks and so they take that eight weeks to keep your money and get a bit of interest on it before handing it back – without interest, of course.

 

I'm afraid that you're either going to have to bite the bullet and hope that they do actually make the refund within a couple of months or else you won't have to consider a small claim – which of course won't really get you your money back any faster.

 

The risk of course is that they're not processing your cancellation at all in which case you would have waited your two months and then you will be back in the same situation wondering what action to take. You may find that the ombudsman still won't help you because you haven't written a formal letter of complaint and then given it eight weeks. Also because Origin Broadband may not respond at all to your complaint, then you might find it difficult to get the ombudsman to start dealing with your problem because they will say that you haven't had a final response letter from origin broadband. Even then, if you get the ombudsman involved, that could take another six months – or maybe much more.

 

I suppose that you've done your cancellation on the phone without recording the call and not getting any reference numbers or anything else to prove that you actually have made the cancellation. That doesn't help either.

 

I think whatever happens, you should start laying down a paper trail and that means that you should write to Origin Broadband and confirm your telephone conversation of date XXX (do you even remember the date?) And that you confirm that you have cancelled your order and that you are disappointed that they are still making you wait for the refund of your money.

 

This letter won't change a great deal – but later on if there is any dispute or if either the County Court or the ombudsman wants evidence, then at least you have put something together.

 

If you've got the money then I would simply go ahead and sue them. The court fee is probably about £30 – although if there is a hearing fee then that will be substantially more but the chances are that the money will simply be repaid and you will get your court fee. However, beware that a hearing fee is more than £250. Of course, your chances of winning are about 100%. However, the case will still be continuing six months down the line and you still won't have your money.

 

This I'm afraid that you've probably learned the hard way to do your research before you start promising your money to people. Also, record your calls. If you have the time and go see citizens advice and get a complaint lodged with Trading Standards. It won't do you any good of course. Frankly there's not a lot of help around at the moment – especially in low value consumer problems like this.

 

Please keep us informed as to what you do and what happens

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I'm afraid that I have no idea what else you could do.

 

Now you see what a load of rubbish the communications ombudsman is – even worse than the financial ombudsman service. It is clear here that the very core of your complaint is the fact that they're not returning the money quickly. One might even imagine that they realise that ombudsman complaints can't be started for eight weeks and so they take that eight weeks to keep your money and get a bit of interest on it before handing it back – without interest, of course.

 

I'm afraid that you're either going to have to bite the bullet and hope that they do actually make the refund within a couple of months or else you won't have to consider a small claim – which of course won't really get you your money back any faster.

 

The risk of course is that they're not processing your cancellation at all in which case you would have waited your two months and then you will be back in the same situation wondering what action to take. You may find that the ombudsman still won't help you because you haven't written a formal letter of complaint and then given it eight weeks. Also because Origin Broadband may not respond at all to your complaint, then you might find it difficult to get the ombudsman to start dealing with your problem because they will say that you haven't had a final response letter from origin broadband. Even then, if you get the ombudsman involved, that could take another six months – or maybe much more.

 

I suppose that you've done your cancellation on the phone without recording the call and not getting any reference numbers or anything else to prove that you actually have made the cancellation. That doesn't help either.

 

I think whatever happens, you should start laying down a paper trail and that means that you should write to Origin Broadband and confirm your telephone conversation of date XXX (do you even remember the date?) And that you confirm that you have cancelled your order and that you are disappointed that they are still making you wait for the refund of your money.

 

This letter won't change a great deal – but later on if there is any dispute or if either the County Court or the ombudsman wants evidence, then at least you have put something together.

 

If you've got the money then I would simply go ahead and sue them. The court fee is probably about £30 – although if there is a hearing fee then that will be substantially more but the chances are that the money will simply be repaid and you will get your court fee. However, beware that a hearing fee is more than £250. Of course, your chances of winning are about 100%. However, the case will still be continuing six months down the line and you still won't have your money.

 

This I'm afraid that you've probably learned the hard way to do your research before you start promising your money to people. Also, record your calls. If you have the time and go see citizens advice and get a complaint lodged with Trading Standards. It won't do you any good of course. Frankly there's not a lot of help around at the moment – especially in low value consumer problems like this.

 

Please keep us informed as to what you do and what happens

 

Thanks again BankFodder, once again your input is truly insightful! I completely agree with you on the Ombudsman front, and find that their system is flawed to some degree. Whilst i have had some great success with the Ombudsman services in the past (against BT...4 times and Vodafone most recently) I believe in this case its a bit confusing. I thought under the Consumer Act 2015 that refunds for digital orders (or orders made online) had to be returned to the customer within 14 days of the agreed cancellation?

 

One of the reasons i started emailing was so that i could have a paper trail (or digital trail) which the ombudsman services have accepted from me in the past. Luckily i do have a record of the time and dates i called origin, however no recording. On my old android phone i had an app called ACR, which automatically recorded every single one of my calls, which was extremely useful, however i have not seen an app like it for the iPhone which i now have...any suggestions?

 

To cover all bases, i was going to write a formal complaint/request for my refund today and send it 1st class recorded tomorrow and see what happens.

 

I will follow up with any significant updates.

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I'm afraid that I have no idea what else you could do.

 

If the deposit was paid on credit/debit card, would it be possible to raise a dispute with the card provider ?

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If the deposit was paid on credit/debit card, would it be possible to raise a dispute with the card provider ?

 

Had it been paid with my CC could have probably raised a dispute, but because it was paid by debit card, wont be able to challenge it.

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