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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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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.

      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.

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      Many thanks 
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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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Provident Mutual Annuity, now AVIVA, what a disgrace


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regarding this post:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?401188-Abbey-National-Endowment-Mortgage-Santander-giving-us-the-runaround

 

AVIVA have demonstrated the kind of shocking customer service that even BT would be ashamed of - This complaint has been running far too long now, AVIVA customer support - Pls explain why this has taken so long. I would like a reply, & an explanation, & an apology. I would never EVER deal with this ridiculous outfit as my Parents did. AVIVA pls deal.

Edited by gavva1
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You might want to email Aviva, as I have not see their rep reply recently.

 

[email protected]

 

They usually want these details

 

Full name

Date of birth

Post code

Policy Number

CAGlink31.gif Username so we can link your email to this post.

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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  • 3 years later...

This is simply to get information about the Provident Mutual policies out into the wider community, since Aviva pensions staff have no idea about these policies.

 

If you took a policy out in the late 1980s, you will most probably have a set of "Guaranteed Annuity Rates" in the policy.

 

I had two policies taken out in 1986/7 but only discovered the GARs after the Labour government changed the pension rules to allow an individual to have both personal and company pension schemes.

 

I opted to take my first policy as an annuity in 2015, at that time there were some people in Aviva who were still competent at their job, but it still took me 5 months to get a quote for the annuity at the correct rate. Which for a single life age 60 monthly in advance with a 5 year guarantee is 9.75% (This increases to around 14% at age 65)

 

Last year (2016) I decided to convert the second policy to an annuity from September. Anticipating that there would be further delays, I started the process at the beginning of July (2016). Christmas came and I had not received an accurate quote for the annuity payments (based on my knowledge of the GARs in the policy) so I contacted the Ombudsman. By this time, the staff at Aviva were refusing to discuss the issues that I had with their quotes, when I tried to escalate the issue through the Aviva management line, is was simply referred back to the person who was still refusing to discuss it further.

 

Intervention by the Ombudsman started early in the new year and the lady there was very helpful, but it has taken until this week (2nd October 2017) to finally get the correct information out of Aviva. I have received compensation from Aviva, but I consider it to be a trivial amount given the tens of hours I have spent trying to resolve the issue and the absolutely appalling level of incompetence and rudeness received at the hands of the Pensions "Customer Disservice" team.

There has been no apology for this from Aviva and the people who perpetrated the problem.

 

However my main reason for coming on and discussing this is to ensure that anyone who has a provident mutual pension is aware of the GARs on the policies and the attempts by Aviva to reduce the levels of payout on these policies.

 

You may also be able benefit by taking lump sums from other pensions savings and making single contributions to your Provident Mutual pension (transfers-in don't qualify for the GARs) - financial advice recommended

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