Jump to content


  • Tweets

  • Posts

    • 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.
  • Our picks

    • 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
        • Like

Indefinite to Remain in UK since June 2010


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3214 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Dear All,

 

Following with reference to Regulations 2003,2005 and 2006 I believe I have a case to pursue to obtain my ILR which I was denied in June 2010 due to poor Representations and also I had no clue of any immigration laws and Regulations at that time only relied of my rep.

 

The real issue is we were given Leave to Remain in 12 March 2015 base on Article 8 through my 14 years old daughter ( 7 years Rule Concession) who came to join me with her mother in September 2003 after a long legal battle Represented by a reputable firm.

We won the case (Leave to Remain) at the First Tier Tribunal on 29 June 2014 but Home Office decided to appeal so the case was in Upper Tribunal this year after two sittings which did not yield any results and was adjourned on 27 Feb 2015 for further notice after I raised the issue that I had an outstanding application with the Home Office that was not dealt with.

Whiles we are waiting the Home Office performed a U-turn and issued us with the Leave to Remain to be renewed 4 times on 2 and half years bases after which we can apply for ILR.

 

Please Note:

About the outstanding application which I think HO did not deal with it. if I am wrong please advice:

 

1. My last leave to Remain as a Student was expiring in 30 June 2010. so I applied for ILR alone on 10 June 2010 using SET(O) paid the required fees of £840 and acknowledge letter received from HO.

2. On 29 June 2010 I applied for Leave to Remain for my self and 3 dependants (wife and 2 daughters now 14 and 5 years respectively). Also, paid required separate fees of £751 and acknowledge letter received from HO.

3. on 26 July HO refused my ILR based on gap in residency in 2005, 2006 and 2009 due to payment issues.

4. Only 2009 that had 2 problems: one is payment and two is 4 days overstayed according to HO.

5. In 2009 my Student visa expired on 23 January 2009 so I submitted my application with College enrolment letter dated 22/01/2009 and the Cheque for payment also dated 22/01/2009 and posted the application to HO on that same day 22/01/2009 but HO claimed to receive my application on 27/01/2009. unfortunately, I could not and cannot find the proof of postage, but as for the payment HO claimed I paid with Credit/debit Card which was not true. I paid with cheque and I made photocopy of that application and the Cheque and I still have them.

6. On 16 August 2010 a lady called from HO to enquire about the second application (29 June 2010) and I said to her is for Leave to Remain/Discretionary Leave to Remain. She then ask me if I would appeal against the ILR refusal? I said to her I have given the refusal letter to my Solicitor. So she ask me to find out and that she would call again next day. I contacted my solicitor who said the appeal is done because the deadline was 10/08/2010. But the HO lady did not call again.

 

At the moment, although HO had issued us with Leave to Remain but case is still in Upper Tribunal and the Tribunal want to know if there is any case that I want to pursue because the Tribunal is aware of HO U-turn.

 

1. My question is can I raise my ILR issue again?

2. Do I still have outstanding application?

3. Do I have a case of success in my ILR claim?

4. How do I go about this if I choose to pursue it?

 

Please your advice needed and thanks for reading this lengthy story.

 

God Bless you all.

Link to post
Share on other sites

UPDATE OF MY CASE AFTER UPPER TRIBUNAL HEARING

 

 

Hello Everyone,

 

I am writing to update everyone following my case and to listen to advice of next plan of action or if there are other options available to me as per my situation.

 

We had a hearing at Upper Tribunal as I have explained in my previous Thread above.

I represented myself by preparing the bundles with all the necessary supporting evidence to claim my ILR as per the Links to my post above.

 

1. The Home office Presenting Officer submitted that there was no application or immigration decision made in relation to ILR in these set of appeals that could lead to a re-opening of this issue (2010 refused application)

 

2. The Upper Tribunal Judge also concluded that because the Home Office have given us Leave to Remain (appendix FM and 276ADE) in between the hearing HO had taken away his powers and there was no case before him to judge. However, I can still make a fresh ILR application to the HO.

3. The HOPO also said the same thing that I can make a fresh ILR application.

 

However, when I asked both of them how soon can I make such an application, they both did not give me straight forward answer but they said I should consult a professional Solicitor.

 

So, friends I am here to seek advise from you all because I got all the best info from this forum.

 

1. Please what are my options now?

 

2. Can I do a fresh ILR application now or

 

3. I have to wait till end of my 2 and half years (September 2017) Leave to Remain then I can apply for ILR?

 

Please People help I am short of ideas !!!!!!!!!!!!

 

Thanks.

Link to post
Share on other sites

Well done for getting this far, especially as you are representing yourself.

 

I will see if any of the site team can help.

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Think you will need to find a UK charity that deals with such immigration issues and to see what help they can provide. They may be able to put you in touch with legal experts that deal with the applications you are seeking to make.. My understanding is that this a complex area of law and you need someone that deals with it on a daily basis.

 

https://www.gov.uk/find-an-immigration-adviser/search-for-an-adviser

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

Link to post
Share on other sites

Well done for getting this far, especially as you are representing yourself.

 

I will see if any of the site team can help.

 

Hello citizenB,

 

Thanks for your reply and encouragement. Any help is highly appreciated.

Link to post
Share on other sites

Hello citizenB,

 

Thanks for your reply and encouragement. Any help is highly appreciated.

 

You will need to sit down with an expert on immigration, so they can review your exact situation. They will want to see any documents that you have.

 

I very much doubt you will find someone on this site who is an expert on immigration and who is able to support you with your application.

 

In my last post, i posted a link to a UK government website, where it lists where you can find expert help. You should start to make a few phone calls to find the help you need.

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

Link to post
Share on other sites

Hello unclebulgaria,

 

Thank you very much for your reply and the link provided, is very helpful. I will definitely get in touch with the Charity organisations you suggested.

Link to post
Share on other sites

You will need to sit down with an expert on immigration, so they can review your exact situation. They will want to see any documents that you have.

 

I very much doubt you will find someone on this site who is an expert on immigration and who is able to support you with your application.

 

In my last post, i posted a link to a UK government website, where it lists where you can find expert help. You should start to make a few phone calls to find the help you need.

 

Yes, I will do that as you advised. I will also update you all about the outcome.

 

Thank you very much.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...