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    • 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?
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TopCashback not paying


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Hi,

New to the forum and can't found any recent advice or issues relating to TopCashback? I am owed just over £100 for 3 different companies one of which is Argos and I have written an official complaint emailed the director threatening court and still nothing. There profits are huge and they were quite quick to tell me they are not regulated by anyone. Any advice or suggestions/experiences because I think this needs looking into.

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been there with them -- they ended up paying up but stating the companies have not paid them but in the interest of settlement they paid 50%, two days later 3 directors published a huge income for each bxxxxxx

:mad2::-x:jaw::sad:
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Hi Weby23 and Welcome to CAG

 

I have moved your thread to the appropriate forum (General Consumer Issues) please continue to post here to your thread.

 

Regards

 

Andy

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 OTHER

 

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If you want advice on your Topic please PM me a link to your thread

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I don't know the company and I don't know the scheme, but it is completely untrue for anyone to say they're not regulated by anybody.

 

Any company dealing with consumers is regulated by Parliament and by the courts. At the very least by the Consumer Rights Act.

 

If you gave us more detail and explain what is all about and we might be able to advise you

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I am also a TCB member.

They state the cash back is not guarenteed as they rely on being paid by the agent. I have the same problem with Argos and l have been fighting them for years. Argos claim they cant find the order but l can on bank statements and in my kitchen.

 

It is normal for them to claim they are not regulated.

BankFodder the website is topcashback.co.uk

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Mrs Hobbit.

I find the clearing cookies does not benecit in any way. If anything l out my items in the basket then go via TCB and pay.

I have been a member for 7 yrs now and altho l dont have tons of money out of it, as l dont by holidays and insurance via it, l do have over £500. Not all companys pay out large amounts eg ebay pays out 1% per item

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Guest Mrs Hobbit

I only put the Which link up there to help. I don't know anything about TopCashBack apart from what I have read. maybe your post ing will help the OP with what is happening.

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I only put the Which link up there to help. I don't know anything about TopCashBack apart from what I have read. maybe your post ing will help the OP with what is happening.

 

Thanks very much

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I've been thinking of ways to approach this with a similar issue I've got with Quidco saying it takes 6 months to deal with untracked claims.

My plan is to complain to the marketing directors of the companies I've used via the cashback site.

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I had a run with quidco a couple of years ago when they didn't pay cashback for sure car insurance.

I ended up contacting esure ceo and his office was very efficient in sending screenshot of my purchase through quidco and their receipt of commission payment (figures blanked out).

Then quidco waved white flag and paid.

Maybe you should contact Argos ceo and see if they are efficient too.

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  • 5 months later...

Hi, this is my first post on here - hope I've posted in the correct place!

26/10/16 I took out home insurance with Nationwide and went through topcashback and it was tracked on my topcashback account that I had earned £36.75 from that purchase.

 

 

In may I contacted them as its was still pending - they said they had no extra info and that it still wasn't available.

Yesterday I checked my topcashback account and it was no longer showing even in my pending balance, I looked back at the payment and it now says declined.

 

 

So I went on to submit a support ticket and finally got a reply from one of their agents saying.......

 

 

Hi,

 

We are sorry your transaction has declined in your account.

 

The agency they use to run the cashback deals will not accept missing cashback claims, this is a term put in place by the retailer. So we are unable to advise you any further with this.

 

If we were to lodge a claim for you, the agency would refuse to investigate this.

 

I am sorry this is not a more positive response but I hope it answers your query.

 

Thanks,

Stella

 

 

......I have recently renewed with Nationwide so I know my policy is still in place.

I know its only £36.75 but the main reason I took out my home insurance with nationwide was because of the cashback and I just find it ridiculous that they don't accept claims.

 

 

Any advise would be greatly appreciated on what I am within my right to do next!

 

 

Thank you!!

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  • 1 month later...

Have you been able to get any further in regard to your £36.75p rebate?

 

Top Cashback has given you the runaround, in much the same way it appears to so often treat its users with contempt. This £multi-million company is, in fact, regulated by the Financial Conduct Authority and appears on the FCA's Financial Services Register as an "Appointed Representative", this being the formal term for its regulatory status as "a firm or individual that can act on behalf of another firm (its principal) that is authorised in the UK or regulated in another EEAA country. The principal is responsible for the appointed representative's activities." [my emphasis]

 

 

Where you are concerned, you were sold a regulated financial product (home insurance) by a business regulated by the FAC, the essence of sale being that a portion of the money you paid would be rebated to you.

 

As you received no such rebate, you were mis-sold.

 

The mis-selling of any financial product in the UK is taken seriously by the regulatory authorities, as demonstrated by the punitive costs incurred by the banking sector in regard to mis-sold PPI.

 

 

Though Top Cashback is currently not subject to much greater regulatory oversight -- it certainly should be -- it is, in this instance, unable to avoid the perhaps inconvenient reality that it was, in your case, the Appointed Representative of Nationwide. Please disregard then, any carefully constructed gibberish from Top Cashback and instead file a written complaint with the insurer in its capacity as principal.

 

Your complaint should state the time/date of purchase of the insurance, and the date(s) and content of any subsequent online contact with Top Cashback. Be aware that your complaint must be fact-based. It would not be enough to say that you bought the policy on the basis of the promise extended at that time (by the principal) on its Appointed Representative's (Top Cashback) website.

 

If you have no such proof -- ideally, screenshots of the transaction as it progressed, and at least one screenshot showing Top Cashback's confirmation of your visit -- then your complaint stands almost no chance of being accepted.

 

If, however, you know you can provide supporting evidence of your complaint -- and this is what we're talking about here: your correspondence with Nationwide MUST be headed: "COMPLAINT: Mis-selling of a financial product" -- then you will be seeking from them the sum of £36.75p + a £60 compensatory payment in regard to the stress and inconvenience caused to you.

 

Because you are invoking a complaint in regard to the mis-selling of a financial product, an 8-week period now kicks in, during which time Nationwide must, by Law, accept or reject it or make you a compromise offer (for example, the £36.75p, but not the £60 compensation.) You should know, however, that due to the nature of the complaint, you are entirely at liberty to accept the £36.75p whilst at the same time continuing on with your request for £60 compensation.

 

If after those 8 weeks have expired and you are still not happy with the outcome, you can lodge your complaint with the Financial Ombudsman Service. If the FOS decides that your complaint merits further investigation, it will contact Nationwide and require it to pay over a sum amounting to several £100s, this being the non-returnable fee that has to be paid to finance the FOS's inquiries. For obvious reasons then, businesses mindful of their own bottom line are mindful of the money to be saved by settling a complaint before it reaches the FOS.

 

So. There's the answer. Complain, with supporting evidence, to the principal (Nationwide) about the mis-selling of its financial product (home insurance policy) and seek payment of the outstanding rebate and compensation, allow a maximum of 8 weeks to elapse and then if the matter isn't settled, file your complaint with the Financial Ombudsman Service.

 

As to Top Cashback, don't believe anything that any of its representatives write or say. Keeping well clear of it.

 

 

* Apologies for not spotting this post of yours until just now, when I was browsing the forum for something different.

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