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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!  
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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I have just received a letter from Civil Recovery Solutions claiming that damage was done to a room at the Travelodge which I stayed in on New Years Eve. Me and my friends are pretty chilled out and not stupid whilst intoxicated and I know there were other people in the room who we were chatting to throughout the night who were staying in other rooms.

Basically the bed was jumped on and broken and coffee and sugar was thrown around the room, and I know I had no part in this, but as the room was in my name, I am being fined £500.73 for 'Damage to bed and electrical socket' and 'soiled walls and carpet'

I was not even aware there was an electrical socket broken, altho was aware of the other damage, altho am 100% certain it wasnt me and have been told by my friends that it wasnt them, which I believe as they are honest and would admit wrongdoing.

Do I have a leg to stand on here? Any help would be appreciated :)

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Your room and you are responsible for it. The hotel chain will have CCTV on each corridor and they should be able to check whether any one went in the room after you left.

 

They will check the cctv, if they can't see anyone else in your room. You will be responsible and liable for the bill of repairs

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you have a 'speculative invoice'

 

its NOT A FINE

it has no standing in law nor ANY law backing it whatsoever.

 

up to you really.

 

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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Travelodge terms and cons state-

 

"You must not damage or interfere with any items belonging to us. If you do so we will terminate your booking. We will instruct a third party to contact you after your stay to recover the costs for any repair, replacement or specialist cleaning we incur if you damage our hotel or property. If you request it, we will send a breakdown of these costs to the address used for the booking."

 

By agreeing to a bookin you agree to these terms and you have broken them.

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"You must not damage or interfere with any items belonging to us. If you do so we will terminate your booking. We will instruct a third party to contact you after your stay to recover the costs for any repair, replacement or specialist cleaning we incur if you damage our hotel or property. If you request it, we will send a Breakdown of these costs to the address used for the booking."Do you work there then???????????????

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if you were the one who booked the room then its you who agreed to the terms and conditions. travelodge are known to use the county courts to reclaim the damage costs. you need to speak to them and see if they,ll accept a lower fiqure

 

normally they would charge it to your card if you have enough credit

 

would a judge see it as a speculative invoice. damaged caused company had to replace and repair. travelodge did in fact suffer a loss

:???: what me. never heard of you never had a debt with you.
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lets just be clear, i did not recommend you ignore it

rather, just be clear upon 'what' it actually IS

that being it is NOT a fine.

 

you really need to all get together and talk about it , else

you COULD see yourself in court.

 

however

thats not to say the figure they are asking for is 'correct'

and not negotiable

 

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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Ok... I'll bite:

 

Travelodge terms and cons state-

 

"You must not damage or interfere with any items belonging to us. If you do so we will terminate your booking. We will instruct a third party to contact you after your stay to recover the costs for any repair, replacement or specialist cleaning we incur if YOU damage our hotel or property. If you request it, we will send a breakdown of these costs to the address used for the booking."

 

By agreeing to a bookin you agree to these terms and you have broken them.

 

According to this, you're ok as long as YOU didn't do the damage. But i'm sure Travelodge will have a different definition of 'YOU'.

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which is why they did not run it on the debit/credit card they swipe upon taking the keys?

 

we have had a few of these before.

 

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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Share on other sites

Normally the problem with Travellodge is about smoking - where it is difficult to prove, the client absolutely denies that they smoked in the room etc and Travelodge offers no proof about the smoking or any justification for the bill.

 

This is rather different because I expect that there will be photos and a proper estimate for repairs.

 

If the rook was in your name then contractually you are obliged to hand the room back in good condition. If wasn't in good condition then I think that you are probably liable.

 

What you should do is to write to Travelodge and ask them for photos and the estimate for repairs. Tell them that you want to see two estimates and details of any losses that they have suffered.

 

You had better then discuss it with your friends and see whether together you are prepared to put your hands up and settle the reasonable bill.

 

Keep copies of all correspondence - don't dop anything on the phone.

 

You can fully expect that maybe as much as half of the bill is a commission to Civil Recovery.

 

The position I would take is to say that there was no need to bring in Civil Recovery. If they had written you a letter in the first instance outlining the damage with a properly estimated bill, then you would have paid it.

It would only have been necessary to bring in Civil Recovery if you had caused problems paying for the damage. You are only required to pay for Travelodge's reasonable losses and it seems to me that bringing in Civil Recovery from the start is not a reasonable thing to do. Travelodge have a duty to mitigate their losses and they may not have done so.

 

As you have been advised, watch your card because we have heard instances of people merely having their card details debited. You should inform your bank - in writing - not to pay out anything to Travelodge. If anything is taken then complain in writing to your bank ASAP and insist on a chargeback - or better still inform them that this is an unauthorised payment and that you want immediate refund under the FSA rules.

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