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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
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    • 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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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
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Re: Council Tax and Jacobs

 

Hello,

 

We already asked the council to take back the debt, but they refused.

 

Jacobs asked for a monthly expenditure list so we could come to an agreed payment plan. We sent it recorded delivery and offered them £50 per month, as thats all we can afford, and even thats pushing it.

 

Despite seeing that we can't afford more than £50 pm, Jacobs have replied saying they want a minimum of £100 per month, and this amount is non-negotiable.

 

Are there any options left open to us, as we cannot afford £100 pm. Should I write back to Jacobs restating our £50 pm offer is the maximum and if they refuse to accept that offer we will have no option but to wait until the debt is recalled by the council, and make repayments to the council instead? I'm not bothered about visits and letters because I know the drill - don't let 'em in etc.

 

Thanks to anyone who can offer advice.

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.......I'm not bothered about visits and letters because I know the drill - don't let 'em in etc....

 

That's the funniest and most satisfying statement I've read in a while.

 

This is an indication that the word is getting around as to the effectiveness of these council appointed bailiffs.

 

You said the council refused to take the debt back, this is meaningless as far as I can see. All you need to do is pay them regardless. Use internet banking, pay online, any method that pays directly into their account.

 

The most important thing to watch out for – besides letting them in as you already know – is to keep them from levying on items outside your property, vehicle etc. They will most probably levy on a vehicle that doesn't belong to you, (and without your knowledge) but this is of no consequence to you as any charges can be ignored/disputed now you're aware of it.

 

Others will advise further.

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There's a few things I forgot to ask. Can they take a car that has finance still owing on it? Can they take a car that is registered to another person but parked at the debtors house? And finally, even though the council fobbed us off saying the debt is with Jacobs now, is there a way to just start making payments direct to the council online and bypass the bailff altogether? And if so how?

 

Again thanks for any help offered :)

 

 

EDIT: Thanks outlawla, I must have been writing my follow up as you replied as you covered some of the questions I asked :)

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no.

no.

use the details on the reverse of the correct ctax bill

 

tell us a bit more about this.

 

i bet you've been had for unlawful fees

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks dx100uk. Thats what I suspected re: cars and finance. I will have to dig out the original c/t bill to set up online payments, but in the meantime (and if online payment isn't an option) should we re-submit an offer in writing to Jacobs for £50 pm and state thats non-negotiable to them! Its just that they want a first payment of £100 by Monday (we can't afford that much), so that only leaves us tomorrow to get another recorded delivery letter sent off in time. As for their fees, I think they've only added on one fee for their first visit.

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There's a few things I forgot to ask. Can they take a car that has finance still owing on it? Depends what type of finance it is Can they take a car that is registered to another person but parked at the debtors house? As long as this is a separate 3rd party - No - although it will not stop them as they are allowed to assume it may be yours, but face that if & when it happens. And finally, even though the council fobbed us off saying the debt is with Jacobs now, is there a way to just start making payments direct to the council online and bypass the bailff altogether? And if so how? You may pay the Council direct via internet banking, the Council website, the Council automated phone line & you can even take it in cash to the Council office where refgardless they are obliged to accept it - if not you take the name of the person and report them for refusing to take payment. You may have to allow for some Bailiff fees if you do any of this - max fee payable £42-50 providing he does not make a levy of any description.

 

Again thanks for any help offered :)

 

 

EDIT: Thanks outlawla, I must have been writing my follow up as you replied as you covered some of the questions I asked :)

 

Do you have Jacobs refusal in writing? If so contact your local Councillor(s) and explain to them, any refusal or reluctance you go over their head to the Leader of the Council and his opposite number.

 

PT

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Yes, we just received the letter today stating their refusal to accept our offer. They said its non-negotiable and we have until monday to make the first payment.

 

 

That may well come in handy when you send a Formal Complaint to the council CEO, and leader, as they are supposed to take account of what a debtor can reasonably afford, as per an IOS

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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That may well come in handy when you send a Formal Complaint to the council CEO, and leader, as they are supposed to take account of what a debtor can reasonably afford, as per an IOS

 

Sorry for my ignorance, but what is IOS?

 

I will write a letter of complaint to the council CEO tomorrow and attach a copy of the bailiffs refusal letter. Should I ask the council to either recall the debt so I can pay them direct, or ask the council to instruct Jacobs to accept our offer?

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Sorry for my ignorance, but what is IOS?

 

I will write a letter of complaint to the council CEO tomorrow and attach a copy of the bailiffs refusal letter. Should I ask the council to either recall the debt so I can pay them direct, or ask the council to instruct Jacobs to accept our offer?

 

Sorry, I should have put Income and Expenditure Sheet, a list of your ougoings and income, ang the amount left after priorities are paid they are supposed to take it into account, but in their greed they will ignore it and ramp up the pressure sending many people into the arms of loan sharks to get money to pay the bailiffs outrageous demands.

 

As you know the pack drill so the bailiff will be out of luck with you.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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