Jump to content


  • Tweets

  • Posts

    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • 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.
  • Recommended Topics

  • 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
  • Recommended Topics

Tesco [non] Shoplifting moment. can i sue them?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2357 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 called in at my local Tescos with one of their new 10p carrier bags which is meant to be reused,

had some price marked PG tea bags with a large price mark on it I'd brought from a local shop in this bag.

 

I was shopping around and I had a basket,

I went to the till,

handed the bag over to be filled and without consent the person serving me took these tea bags out of my bag and had held them up even though they had the yellow price on them and said loudly "Are you paying for these?"

 

I was gobsmacked the fact not only did she go into my bag without consent but pretty much accused me by saying I'd got them from there...

I turned around and there was a queue,

I felt everyone's eyes on me.

 

I got no apology although I pointed out the fact they had a price mark within the packaging.

 

I'm self employed and I live local to Tescos and so do my 400 customers,

Tescos is a place where I often see my customers and I've even been paid by customers in this store when I'm shopping.

 

The staff seem to do nothing but spy on me when I'm using the self option till or they are either on crafty ciggy breaks or patting customers puppies.

 

I've requested cctv footage but was told it would be £10 then was told I could not access it.

 

I was hoping on your advices as I'm thinking about legal advice, especially if any my customers was in the queue.

 

Thanks.

Link to post
Share on other sites

"Are to paying for these?" (which is what you have quoted!) is a question. You put the question mark in, and everything .......

 

It is a question, and one which you could have answered by "No, no need to, as you can see they were bought elsewhere"........

It is also a question, and far away from an accusation of "You were trying to steal these!".

 

By all means go and take legal advice : I suspect it will be "you have no grounds on which to sue - you haven't been defamed, nor is checking on an item in a bag which you handed over to be packed a breach of privacy".

 

You clearly don't like your perception of the behavior of the staff there (what with them spying on you, taking ciggie breaks and patting puppies).

You can choose to vote with your feet : if you want to go shop elsewhere. If it is convenient for you to continue to shop there, then do that instead.

 

It is up to you, based on what your priority is, but you don't have a cause of action to sue. Make your decision about if you want to continue shopping there and move on with your life.....

Link to post
Share on other sites

Hello and welcome to CAG.

 

If I've bought items elsewhere before going into another shop, I make sure I keep the receipt so there can be no misunderstandings. And I point out the items when I get to the till.

 

The till lady sounds quite polite - what do you think she did wrong?

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Hi and welcome to CAG

 

This is difficult. On one hand, the cashier did the wrong thing by holding the tea bags up and stating loudly (?) How loudly? Higher than her normal voice? Holding them high above her head to purposely attract attention?

 

The cashier also did the right thing by alerting others to the fact that you had some tea bags already in the bag irrespective of where they were purchased elsewhere but didn't know for sure.

 

All in all, you could write to the store manager and complain but in all honesty, I don't see it going far at all. If you were to start getting stopped for no reason or followed around the store then that is something to complain about.

 

I would just carry on shopping there and if any of your customers mention this to you, just explain the mistake.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

It really depends on how the Tesco cashier behaved. We were not in the store, so cannot judge.

 

Any CCTC might not be helpful. Just complain to the store manager in writing about how the Tesco employee came across to you. Enclose copies of receipts so they can see firstly which Tesco employee dealt with you and also which other shop you bought the teabags in.

 

I occasionally buy items in say Poundland and then go into a Tesco store with the Poundland items in a Tesco reuseable bag. I am very aware of Tesco selling the same items at a higher price, so make sure i have the Poundland receipt. I have never been challenged about the Poundland purchased items by Tesco staff, but if i were, i would just tell them Poundland showing them the receipt.

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

Nothing you can do sadly. Sure, you can write a complaint and might get a couple free vouchers and that staff member gets retrained, but thats about it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Nobasis for claim, slightly hurt feelings are not a valid ground for a claim, now if Tesco security had intervened and took you to a back room and rummaged everything else then you had a Civil Recovery invoice for investigating the non crime then maybe. Otherwise forget it and move on.

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

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...