Jump to content


  • Tweets

  • Posts

    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. 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. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
    • Please provide advice on the following situation: I rented out my property to four students for 16 months until March 2024. Initially, the property was in very good condition, but now it needs extensive renovation. This includes redoing the bathroom, replacing the kitchen, removing wallpaper, and redecorating due to significant mould growth. The tenants also left their furniture on the grass, which is owned by the local authority. As a landlord, I've met all legal requirements. It seems the damage was caused by poor ventilation—windows were always closed, and heating wasn't used. There was also a bathroom leak fixed by reapplying silicone. I tried to claim insurance, but it was denied, citing tenant behaviour as the cause by looking at the photos, which isn't covered. The deposit barely covers the repair costs, or else I'll have to pursue money claims, which I've never done before and am unsure about its legal complications or costs. Any thoughts on this?
  • 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
      • 160 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

Metro Bank Business Instant Access Account


hacksaw
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3074 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

I popped in to a Metro Bank branch in South London recently to open a business instant access deposit account.

Their website says "No Metro Bank Business current account is required."

 

They tried to sell me their business current account, which is not free unless you have more than £5,000. When I refused, they asked me why I wanted an instant access account, and I told them that I just want a basic account. They said that you cannot make an online transfer out unless you have another Metro bank account, so I opened a personal current account, and I was accepted for that, but a credit check was made, so it affected my credit rating.

 

The business instant access account needed to be approved by a business manager. I called him the next working day. I work as a professional but I am not a member of a professional body (it is not illegal in the industry that I work in). He said they can't open an account because of this reason. I submitted further paperwork to his colleagues by visiting the branch (which is not in my home town) and waiting for about 25 minutes, after convincing him over the phone that would be acceptable to open an account.

 

He then called me the next day saying that the account will not be opened because I will be using the business instant access account as a business current account and that I will be using it to deposit payments from customers

He also said that they have a right to close it if I do. Nowhere does it say in the terms and conditions that you cannot use it as such. Also, their Account features state that you can use it as follows:

 

• Receive electronic payments (CHAPS, BACS, faster payments, SWIFT, standing orders and internal transfers)

• Pay in cash and cheques

 

He also said that I cannot use the account to make an online transfer to my personal current account, even though I was informed by the customer service adviser who opened my personal current account that I could. To add insult to injury, I asked him to send me a letter or email saying why he is refusing to open the account, but he wouldn't do that, saying "we don't send out these letters."

 

They have wasted my time. The business manager didn't say at first that a business current account was required.

The excuse he gave me for not opening the account at first was that I was not a member of a professional body.

Now he says you can't use the business instant access account as a current account, even though their website says that you don't need a business current account to open an instant access account.

 

I made a formal complaint by telephone to the business centre. I explained what happened, but they defended him.

They said he had the discretion to refuse to open an instant access account if it was to be used as a business current account. I challenged them to tell me the exact clause in their terms and conditions, but they couldn't find it. This is ridiculous. Why does he have full discretion? What if someone made a complaint against him?

 

Now I am left with a credit check, which was made for a personal current account that was missold, and no business instant access account.

 

Please do not trust anything this bank says about this account. They will try and sell you a business current account to make money out of you from charges, and they will refuse opening the instant access account by saying you cannot use it as a current account, even though there are no restrictions as such in their terms and conditions.

Link to post
Share on other sites

Their business bank account is a maximum of £60 / year if you do not keep £5,000 in it each month.

 

Interest charges are reasonable and you can automate a bank feed into your accounting software for £1 / account / month.

 

For someone starting in business, they offer the most reasonable account fees I've seen in this country.

 

If the region of £100-£150 / year for operating a business account which offers free European banking access scares you, you may not actually have a business, but an elaborate piecemeal job.

 

Talk with your accountant and see what their advice would be regarding which business account they would recommend and let us know what they discover.

 

* I switched to Metro Bank shortly after they appeared (2010) with new business account and immediately saved nearly £2,000 in transaction charges alone.

 

Find something to enjoy every day.

 

[20190624]

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...