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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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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White goods warrenty issue


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I've been helping my dad renovate a house for about 2 years now (extension, replumbing, rewiring, etc)

 

He bought the kitchen appliances roughly 18-20 months ago and we only just fitted them two week ago, after 8 days of being connected the microwave (large multifunction unit, cabinet mounted) started to smell of burning and then turned off. The fuse in the plug was intact.

 

He's got no idea where he bought it (he's as organised as me) and he didn't ring up and start the warranty (large sticker on the window of the microwave.

 

My query is, does the warranty start from when you purchase the item, install the item, ring the company? I'm guessing it's from the point of purchase, but would the value of item/expected length of life procedure come into play?

 

It's had less than a fortnights "use", we haven't even used it to warm things up, it's even got the delivery plastic on the front panels still.

 

He's a bit put out, he told me he paid out nearly £600 for it (it's a bleedin microwave for crying out loud, even if it is ever so shiney)

 

Any ideas?

 

Thanks

Steve, xxxxx, UK

 

Barclays

DPA letter delivered by hand 04/04/06

Statement request confirmed & DPA payment refunded! 06/04/06

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Consumer goods have to conform to description regardless of a warranty provided by the supplier or manufacturer and the time limit to complain lasts for a minimum of two years throughout the European Union. [Directive 1999/44/EC]

 

A Buyer may require the seller to replace or repair the goods, or if that is impossible a buyer may rescind the contract (get his money back).

 

See Part 5A of the Sale of Goods Act.

 

:cool:

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In practical terms, your guarantee will start when you can prove purchase. The fact it has sat in a box unused is of no consequence, issues whether the box was mis-stored or mis-handled could be alleged and be difficult to prove. At 18-20 months, it will be assumed that the product has functioned since this date, so a claim of an inherent fault would probably not be entertained, but I'd write to the manufacturer directly, gicing the Model and serial number as they may have identified a manufacturing issue and be pleased to provide a swap.

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Oh dear. You've been purpled. sorry.

 

Ignore the two year thing - that is irrelevant. And also not good UK law.

 

You may have a claim, but you will need to prove the goods were faulty when delivered - this will be hard - and you need to know who you bought it from.

 

If the guarantee from the manufacturer is more than the 20 months you can claim against that. Beyond all that Buz's advice is sound.

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Ignore the two year thing - that is irrelevant. And also not good UK law.

-------

 

Whether or not it is thought to good or bad, the fact of the matter is that The Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003 specifies the UK Laws intended to give effect to the Community Directive 1999/44/EC:

 

(i) Sections 9 to 11 of the Supply of Goods (Implied Terms) Act 1973[18], sections 13 to 15 and 15B of the Sale of Goods Act 1979(19), sections 3 to 5, 11C to 11E and 13 of the Supply of Goods and Services Act 1982(20), and any rule of law in Scotland which provides comparable protection to section 13 of the Supply of Goods and Services Act 1982 (implied terms as to quality and fitness);

 

(ii) Sections 20 and 32 of the Sale of Goods Act 1979(21) (passing of risk and delivery of goods);

 

(iii) Sections 48A to 48F of the Sale of Goods Act 1979(22), and sections 11M, 11N and 11P to 11S of the Supply of Goods and Services Act 1982(23) (additional remedies for consumers);

 

(iv) Regulation 15 of the Sale and Supply of Goods to Consumers Regulations 2002(24) and articles 4 and 5 of the Consumer Transactions (Restrictions on Statements) Order 1976(25) (consumer guarantees);

 

(v) Sections 6(2), 7(1), 7(2), 20(2), 21 and 27(2) of the Unfair Contract Terms Act 1977(26) and article 3 of the Consumer Transactions (Restrictions on Statements) Order 1976 (anti-avoidance measures)

-----------

 

UK laws may provide more by way of protection to the consumer, but not less:

 

1. The purpose of this Directive is the approximation of the laws, regulations and administrative provisions of the Member States on certain aspects of the sale of consumer goods and associated guarantees in order to ensure a uniform minimum level of consumer protection in the context of the internal market.
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:roll:

 

EU directives lay down certain end results that must be achieved in every Member State. National authorities have to adapt their laws to meet these goals, but are free to decide how to do so. Directives may concern one or more Member States, or all of them.

 

Each directive specifies the date by which the national laws must be adapted - giving national authorities the room for manoeuvre within the deadlines necessary to take account of differing national situations.

 

Directives are used to bring different national laws into line with each other, and are particularly common in matters affecting the operation of the single market (e.g. product safety standards)

http://ec.europa.eu/community_law/introduction/what_directive_en.htm

 

 

 

To this end, its Member States cede part of their sovereignty under the Treaty on the Functioning of the European Union (TFEU) which empowers the EU institutions to adopt laws.

 

These laws (regulations, directives and decisions) take precedence over national law and are binding on national authorities. The EU also issues non-binding instruments, such as recommendations and opinions, as well as rules governing how EU institutions and programmes work, etc.

http://ec.europa.eu/community_law/introduction/treaty_en.htm

 

Which part of this is so hard to get?

 

"These laws (regulations, directives and decisions) take precedence over national law and are binding on national authorities."

 

:cool:

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But mostly, they are ignored when it is against that countries national policy. It then falls upon the complaininant to fund an action of complaint and seek compliance. Nothing new there. What is, is your slavish belief that it makes one whit of a difference to the man in the street unless other factions see it worthwhile to do so. It would be far better to get us all a written constitution too, so we know where we stand, but that's not goiing to happen any time soon either.

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I don't know. I think you might have been dropped on your head as a child?

 

Fact: the EU regs you ref to give a two year limitation period

 

Fact: the limitation act 1980 gives a 6 year period

 

Fact: you've quoted bad advice.

 

Fact: you've cut and paste stuff you don't understand

 

Fact: you are a bit daft.

 

 

I assumed, based on your obsession with EU law you'd understand the difference between maximum and minimum harmonisation. I guess not. Have you thought about another hobby? I don't think law is working for you. I hear line dancing is popular. The Enterprise Act, and EU Directive 94/4762 specifically allow for it in public areas.

 

to this end, its Member States shall dance, in lines, whence part of their sovereignty ,under the Treaty on the Functioning of the European Union (TFEU) which empowers the EU institutions to adopt musically orientated musical movement providing such is not deemed lewd...

 

...These laws (regulations, directives and decisions) take precedence over national law and are binding on national authorities, save for Britain's got Talent. The EU also issues non-binding instruments, such as recommendations and opinions (for eg, the well known three buzzes regualtion), as well as rules governing how EU institutions and programmes work, etc.

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