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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.

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

      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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Wonga Complaint


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Hi,

 

I had a loan written off by Wonga in 2014 for their failure to carry out proper affordability checks. I was told this would be wiped from my credit file.

 

However, I have since found out that although it was removed from two agencies, it still exists on one.

 

I contacted Wonga and they told me that in actual fact, I defaulted on two loans at once (I don't understand how this happened, how I was able to take out two loans at once, but that's for another day). They wrote off both loans, but only removed the default from one.

 

I requested a statement of my account from the lender and had taken out 11 pay day loans in a two year period, some ranging up to £1,000 a time. On a number of these loans, I needed to take out a top up on the loan.

 

I have complained to the Financial Ombudsman that the nature of my borrowing history should have been a clear indicator that I was in financial trouble and that by ignoring that, Wonga have failed to act as a responsible lender.

 

I have also included copies of my bank statements which indicate that for that entire period, I was living in my overdraft.

 

Can anyone suggest whether this is likely to be a successful approach in removing the entries from my credit file?

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Reposting from elsewhere as I think I've posted inaccurately

 

Hi,

 

I had a loan written off by Wonga in 2014 for their failure to carry out proper affordability checks. I was told this would be wiped from my credit file.

 

However, I have since found out that although it was removed from two agencies, it still exists on one.

 

I contacted Wonga and they told me that in actual fact, I defaulted on two loans at once (I don't understand how this happened, how I was able to take out two loans at once, but that's for another day). They wrote off both loans, but only removed the default from one.

 

I requested a statement of my account from the lender and had taken out 11 pay day loansicon in a two year period, some ranging up to £1,000 a time. On a number of these loans, I needed to take out a top up on the loan.

 

I have complained to the Financial Ombudsmanicon that the nature of my borrowing history should have been a clear indicator that I was in financial trouble and that by ignoring that, Wonga have failed to act as a responsible lender.

 

I have also included copies of my bank statements which indicate that for that entire period, I was living in my overdraft.

 

Can anyone suggest whether this is likely to be a successful approach in removing the entries from my credit file?

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Thread moved to the appropriate forum.

 

Regards

 

Andy

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