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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • If you are buying a used car – you need to read this survival guide.
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      • 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
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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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Phoenix business agents oxford


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Hi just joined forum as we too have now got a court date for Nottingham

 

( live in Oxfordshire) for November,

 

do I get solicitors or go on my own ,

 

they estimate the claim to be £15,000 to £50,000

 

where do they get their figures from .

 

As with all other posts, same old same old, Mr X and Mr Y, £3000 fees not explained

but would get £500 back etc etc business overvalued NO viewings. I

 

I get solicitor and they drop out I still have 10,000 ish of legal fees help help help!

 

Please pass on thos message to others concerned like a chain letter

Edited by ims21
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Hi I am shortly to be taken to court November 2013 and do I get a solicitor?

 

Or go it alone ,

 

I am typical ie they want varying amounts of money, £3000 up to £100,000 ( probably a typo but I have it in writing) had treats,

 

bailiff phone calls

 

all I have paid was the upfront £ 600 ,

 

are they just intimidating me or with claim value of 15,000-50,000,

 

or should I settle ( for rudeness, intimidation, overvaluation, for nothing) this company did nothing yet want thousands

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Hi,

 

we have been misled by Mr X and Mr Z

 

in may 2011 they came and visited us

( after being cold called that they had buyers waiting)

 

we were signed up and paid £500 marketing fee,

this would be return upon sale or cancellation ,

this was stressed so thought ok that sounds safe!

 

The valuation was inflated 1.1 M

but were told realistic they had buyers for this type of business waiting,

we had improved the business and turnover since we had been there.

 

The guys left us their business cards and to call with any questions or concerns,

we tried but got no replies from emails or phone calls ,

 

emailed saying we would cancel if did not hear back ASAP as were very concerned.

 

Only then did we get the smooth talking guys saying everything was fine etc etc.

 

The advert went live ,

photos not on correct orientation

and we were more concerned

 

phoned to cancel to be told that there was a £3000 cancellation fee etc etc a

 

s per all other reports read,

we had threats, rudeness, incorrect ( we assume) invoices for their fees of £100,000 yes really and £6000 £11,000 plus vat ,

we had debt collectors phoning me for money before the invoice even due!

 

We sought advice of a solicitor friend, and have or we thought called their bluff,

 

now we have received a claim form from Northamptonshire county court!

 

They are of course accruing interest on this claim!

 

It is amazing everything goes quiet for 6 months and you think it is all over then BAM!

A claim for north of £15,000

 

Help what do I do ,

the T& C 's on their agreement flip you back and forth between clauses in very small print.

But yes you would get your marketing fee back but you have to pay excessive amounts to do so!

 

I would appreciate any help I can get on this

 

Ie will they take me to court or are they just using bully tactics?

 

Do I get a solicitor involved?

Would they pay my costs if I win?

 

If I lost I would have to pay out about £25k to Phoenix and solicitor

 

Can I represent myself?

 

How would I do that ?

I am just a key person

Regards oh dear

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Just looked through my wad of letters from phoenix

They have invoiced me for £11,000 plus vat ( which plus interest is £15,000+)

In the past have been invoiced for £22,000

So all quite confusing

They also sent me a letter saying that they would terminate the agreement unless I submitted an EPC

We were never asked to provide one in the first instance

Is that legal?

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  • 2 months later...

so what happened?

 

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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so what happened?

 

dx

Hi been unable to start a new thread as not posted enough!

 

Put the two together

 

Have submitted directions questionnaire

 

Court date proposed for July!

With breakdown of dates for submitting information etc

 

Have got a couple of parties helping me , but more help always appreciated, have contacted the daily mirror as they are interested,

 

Solicitor is asking about mediation at moment

Regards Juliet

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urm..you don't need any posts

 

to start a new thread

 

click the link above

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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