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Showing content with the highest reputation since 19/03/19 in Posts

  1. 3 points
    the key thing here is that the first you heard about the unicorn food tax being added was from someone who has nothing to do with anything so even if there was small print about extra collection charges on the signage ( god knows which would be applicable out of the forest of signs they have) then it would be an unfair contract for more than one reason anyway. by the way you owe me £999 for this advice, my terms were available to see on the website ww.imanhonestcrook.con, page 19 bottom paragraph section 16(b) subsection 4(f) so you definitely owe the money as I deemed that you read and understood the terms.
  2. 2 points
  3. 2 points
  4. 2 points
    From what I can see without photobucket interfereing with my viewing thre is a yellow sign under the NE parking sign that says "no unauthorised parking, wheel clamping in operation". That is you get out of jail free card for 3 reasons, firstly wheel clamping is illegal so the threat fo such means that anything else they say doesnt count as the contract is void, secondly the statement that no unauthorised parking means that the sigange is prohibitive in nature so not a genuine offer of terms to park and thirdly it creates a confusion as it clearly conflicts with the wording on the blue and white sign above it regardless of the content of their newer sign. so they are stuffed under contract and consumer law. Lookingforinfo has posted as I was writing so those points about the parking also destroy their claim, grace period etc. NE will use Gladdys to try and bully you later but ow you know you have somehting to say to them ( dont use all of the points, just one of them will do) as a response to their threat of court when it comes
  5. 2 points
    This has nothing to do with how empty the carpark was-it is about contracts. You have fallen foul of their alleged contract with motorists by leaving the area ie not using the businesses that surround the car park. You weren't to know but your appeal used the wrong reason. You are not dealing with anything like honest people when you enter most controlled car parks. they are not interested in anything other than to screw as much money out of every motorist they can regardless of the legality. In your case, you appeared to have parked there for around 5 minutes [they would have recorded the exact time of when you entered and left the car park which is obviously not the same length of time that you actually parked there. Under the Code of Practice, motorists are allowed a minimum of ten minutes to find a parking spot, read the parking signage and decide whether they want to stay. If they leave before ten minutes there should be no charge. So had you appealed for that reason, it would be reasonable to assume that they should have cancelled your ticket. That does mean that they should not have contacted the DVLA and have thus breached GDPR so I would advise you that as they have not a leg to stand on just to ignore them for now. They know they would lose in Court but as they think you don't know about the ten minute rule they will continue to send threatening letters. However should they send a letter before claim-an unlikely event in the circumstances, come back to us and we will advise you how to blow them out of the water. It is best not to appeal again since you have already admitted that you were the driver which has lost your protection under POFA. Just accept that you owe them nothing and be happy that their greed outweighs their stupidity.
  6. 2 points
    Orchid Witness statement in opposition to SJ.pdf
  7. 2 points
  8. 2 points
    Please guys can we all stick together. .we have a reason we are here and why i joined this site. I didn't get the outcome I wanted but can we learn from past mistakes and move on. Isn't knowledge power ?? We are here to fight injustice from people making money out of misery not to get out of our debts. Can we put our differences aside..concernedexpat came here for help not to start war ☺
  9. 2 points
    Well, I'm another lady too and I think Mrs O'Frog's advice is sound. And I won't even charge the fictitious £100. lol HB
  10. 2 points
    Ok, this you need to respond to. You state that "the land is not relevant land as far as the POFA goes so there is no keeper liability in this matter so there is no cause for action against me. As docks and harbours governed by it own byelaws these are supreme to any contract you claim to have so there is no contract for the driver to consider that is enforceable. This menas that you accessing and processing of my personal data is unlawful under the GDPR and any court claim mat result in a counterclaim for damages breach of the GDPR as per VCS V Phillip, Liverpool CC dec 2016 "
  11. 2 points
    I don't have specific experience of any sort of permit scheme but I do of taking on a council highways department. It got as far as a court on The Strand in London and I won. To be fair they caved halfway through the second day, as we returned from lunch my counsel was approached by theirs with the magic words 'could I have a moment of your time'. I count it as a win, it cost them a ridiculous amount of money It got that far because stupid little people working for councils honestly believe they can say what they want, do what they want, tell outright lies, go to extraordinary lengths to intimidate the people they are paid to serve. They aren't used to people standing up to them and they get away with it 99.9% of time. As others have said, you need to check your status carefully and then hit them. Get legal advice - not from some small town solicitor but from a big firm. I was lucky, someone pointed me to the right people. Don't be intimidated, don't believe a single word of what you're told by any council employee. They are the equivalent of every miserable call centre monkey you've ever dealt with. The brightest minds aren't attracted to council jobs after all.
  12. 2 points
    Permitbay - I haven't commented so far, as I don't know where you stand. But reading the above I really think you are in the wrong place to get sound advice. If I were you I would get some advice from a qualified lawyer. I don't know the ins and outs of this, except to point out that you cannot legally obstruct the highway, or (I believe) any public right of way.
  13. 2 points
    I think the OP just needs to be reassured here. Never Happen The bailiff does not even have any powers at this point, and after such a time he would have to apply to the court under CPR83, to have a warrant issued, which after 13 years they would be V unlikely to issue.
  14. 1 point
    The point is as I've said time and time again. I have a vehicle that I can't sell, I've bought a car that is unsellable due to a failed Hpi, if a vehicle has a discrepancy be it for whatever reason the seller needs to disclose it. the report states "DISCREPANCY" it is not hpi clear. It was sold as clear.
  15. 1 point
    seriously this topic is getting rather tiresome....
  16. 1 point
    Hi Bankfodder yes I did, they said that they were pleased it wasn’t just getting thrown away. I said that the autistic kids will love it as it’s so bright and colourful. I’m glad some good will come of the mix up
  17. 1 point
    pop up on the MCOL website mentioned on the claimfor, register as an individual note the long gateway number given then log in . select respond to a claim and select the start AOS box. . then using the details required from the claimform . defend all leave jurisdiction unticked. click thru to the end confirm and exit MCOL. . get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] I have remove the pix of the claimform we don't need to see those. we know what they look like dx
  18. 1 point
    Hello all, it looks as though i have been cought in the Future Comms web too! in a nutshell, they agreed to pay £605 as a buyout from vodafone (usual limit is 525) , and £20 a month discount, which would provide me with the agreed offer. I was talked into signing up with Future Comms (future-comms.co.uk) who cold-called me to change my mobile contract to them, via 02, rather than vodafone. I have a small business (only me!) and it's a business contract. True, the 4G network is better for my area. They sent an email whilst I was on the phone to set up the direct debit mandate with my bank which I signed electronically. I said from the very beginning i am willing to move as long as this doenst cost me any money which they said it wouldnt, i dont remember them saying anything about 3 cleared months of billing to be able to pay my buyout, and especially not 180 days. 09/01/2019 Deadline for the PAC code sent by Vodafone to be used, also the day I was disconnected from Vodafone leaving me without a working phone due to no sim cards being received to replace Vodafone with O2. I managed to use a colleagues phone to ring customer services, to ask them what was going on as up until this point I had heard nothing from ‘Future Comms’ no call or email to confirm receipt of sim cards etc. I informed the adviser that I myself and my wife were now left without a working phone, and as we both run our businesses dependant on the use of our phones this situation was ridiculous. I was assured the original sim cards were sent out but, and I quote ‘they must of got lost in the post’ and that a replacement pair would be sent out asap to get us up and running, and they would be pre activated to allow us to literally insert them and they would work. 11/01/2019 Spoke to ‘Megan’ in the morning just after 9am to inform her that the sim cards which were supposedly sent on 10/01/2019 (not the 09/01/2019 as promised) again never arrived, she assured me that she herself was going to send them first class recorded delivery which should be with us by Saturday 12/01/2019, I also asked for a copy of the tracking number for the sim cards so I could track them on my end, a copy of my contract, including Terms and conditions and my Personal account managers contact details as I have no reference to any of these details, as all was done online and no hard copies or welcome letters etc were sent out. I also asked her about the ‘early termination fee buyout’ as my contract states ‘Future Comms will contribute 525.00 towards an early termination fee’, from speaking to Vodafone I know that my buy out fee was more than this and I was assured at the time of signing up that the extra cost would be incurred by yourselves in order to take my business, I wanted to be assured this is correct as when I spoke to ‘Megan’ she was going to check this for me and get back to me, for which she did not. I rang up again towards the end of the day as no email had been sent with any of the information requested, and wanted to find out that the sim cards had been sent, to be told by a different adviser that ‘Megan’ had gone home ill, but assured me that “ ‘Megan’ was a long time employee and that if she said she was going to do something it was more than likely done” 14/01/2019 Spoke to someone in customer services, to check the status of the sim cards delivery. The person I spoke to did say he would look into it and call me back on a work colleagues phone, for which he did only to tell me that the sim card which was assured to me by ‘Megan’ and the other customer adviser on Friday would be in the post for a Saturday delivery again did not happen due to mistake. The adviser told me that they would be definitely be going in the post today and that and email of the tracking number would be emailed over, for which it never was AGAIN 04/04/19 Been 3 months of having working phones, but sill no buyout of £605 or monthly discount payments of £20 (now £60 owed) what shall i do?
  19. 1 point
    Well as I said, you are entitled to return it. If there is any argument about the money then begin a chargeback procedure with your bank. Go to trust pilot and put a review there. Go to Google and put a review there. The colour of the pain doesn't matter. Within 14 days you are entitled to return it for any reason. If your bank causes problems about the chargeback then come back here.
  20. 1 point
    At least being on here improves my computer skills!
  21. 1 point
    Is it your witness statement (or someone else’s) and has it been filed and served already? What needs amending, is it something minor or something crucial? Ordinarily I would file a second witness statement explaining what the issue is, how you discovered it and including the new information.
  22. 1 point
    Hi All. Very sorry for the late update. But issues are all resolved now. Got the issue fixed at garage on March 16, turned out the EGR valve didn't need replacing, it was just the hose which had split, so total cost of repair was £25. On March 25 Dealer agreed to pay £70.95: £45.95 (diagnosis) + £25 repair. Dealer paid few days later. Car has been running well since then and I have not experienced any further issues. Many thanks to this community, I will recommend. And special thanks to @BankFodder for taking the time to look at my issue and provide advice.
  23. 1 point
    Was this a refinance of an earlier loan also? You would have to have a look at all the transactions on the account and recalculate the sum remaining, to know how much and if it had already been done. The method of payment prescribed in your statement is no help, but it does mean some adjustment would have to be made to produce a correct figure for the sum remaining due or owed APR is 9.9, near enough. Regulations say no more than .1% but it is only a minor beach, no court would bother over it. (deminimis.
  24. 1 point
    Hi. This sounds like a private parking ticket so I've moved you to that forum. People should be along later to advise. HB
  25. 1 point
    Firstly....it's not a council PCN, it's a private parking invoice. You can write to McDonald's to see if they will cancel the charge (with proof of being a patron of McDonald's) or fight it yourself- here's a useful place to start: [removed - dx]
  26. 1 point
    Sounds like this could be profitable..
  27. 1 point
    It's not as easy to save in the Armed Forces as it was. There are daily charges for accommodation, utilities and a monthly charge called CILOCT - Contribution in Lieu of Council Tax. Then there is food - since the introduction of Pay As You Dine the cost of eating has generally risen, unless individuals stick to the Core Meal, which is cheap, but usually dire. However, it's still cheaper than living alone in the civilian world. For many young soldiers this will be the first time they have had a decent disposable income, and my experience is that many of them become expert at disposing of it! Most recruits earn around £15k when they start. There's some useful advice about saving in the Forces at https://www.moneyforce.org.uk/Managing-money/Save-and-invest In terms of the apprenticeship issue, I think I can assure you that for the first few months of his Army career, your son will be too busy to think much about it!
  28. 1 point
    1. they wont bother and the cost would be theirs anyway. they never do. 2.they don't ever bother as 99% of mugs cough up..why spend extra money correcting signs etc when people blindly pay.. 3.yes surcharges were outlawed a few years back. thread title updated please consider a donation to keep us here to help others like we helped your friend
  29. 1 point
  30. 1 point
    As much as we detest injustice your son is now better off out of it so trying to fight this battle from a distance will be difficult. Being in the army is actually a good way of saving money even though the pay isnt fantastic because you dont have to spend much on day to day living. He can still drop employer in it with HMRC if he feels like it. employer gets paid by govt for apprentices so you can bet they will be interested to know employer has trousered their investment.
  31. 1 point
    So sorry I didn't reply earlier. They have now paid out.
  32. 1 point
    Thanks Andyorch, Thats now done. I will get it off to them by recorded delivery on Monday.
  33. 1 point
    Does your son have a copy of an apprenticeship agreement signed by his employer and the college? If so, what does it say?
  34. 1 point
    Hmmm. Now this one is potentially very interesting. On a very basic level, and assuming that he had less than two years service, then yes - he is entitled to a full weeks notice pay (assuming that contractual notice isn't more), plus his week in hand, PLUS holiday pay owed (if there is any). However, at a more complex level (which he may or may not wish to pursue, but the threat may be useful) an employer who enters into an apprenticeship agreement is legally bound to that agreement in full. Apprenticeship agreements are not like normal employment contracts. So your son has the option to also sue for the damages caused by that breach of contract plus, of course, any deductions the employer made (if he wasn't paid for example). Apprenticeship agreements can only be terminated in very limited circumstances, and not wanting to pay the college isn't one of them. I would suggest that he sends a letter before action, warning the employer that he has taken advice, and that he is owed £xxx for pay until.... (And just for the hell of it, put in a claim for the full notice he gave! ); plus £xxxx for the week in hand; plus holiday pay off £xxx (PLUS, if you really want to push the threat, £xxx for deductions and losses from the breach of contract with regard to the apprenticeship, plus £xxx damages for breach of contract over the apprenticeship), and that he has 21 days to pay in full or immediate legal action will begin without further notice, at which point legal and other fees will be added to the costs to the employer. If that doesn't shake loose at least the amount he's owed, put in a tribunal claim for it - you'll need to go via ACAS conciliation, but it's all free.
  35. 1 point
  36. 1 point
    Quick update, you might find this amusing i have just the DQ from PRA solicitors, yes to mediation, local county stated, only thing is the form has somebody else’s name on it
  37. 1 point
    not on loans.. the interest is fixed and known go read the fos website its 8% statint on loans always has been. unless its a secured loan/mortgage. anyway looking at those docs looks like they changed it to a Barclaycard loan and no paperwork work was ever signed so its going nowhere stuff em stop payments let them sell it on. dx
  38. 1 point
    Yes as far as Section 78 is concerned it is not acceptable, I hesitate to say unenforceable, because as we all know that is upto the court, unlike unenforceability under section 237. All you should have to do is run down the list provided in Carey, above, if all that is not included it is not a true copy, the court shoulld enforce until a true copy is produced. However, I see they have already been SArd? Just read this from the first post. If this was the case, the original agreement would be completely unenforceable under section 127(3) 9. An internal email that says: “The information is correct…The Masterloan was for £15,000, drawn on X 2003 and £4,236 interest was immediately applied. This was apparently common practice for this type of loan. When the loan went to recoveries at Barclaycard, we believe the proportion of interest which did not apply – i.e. the amount relevant to the loan after the date the loan was charged off – should have been refunded. Looking at the entries to the Masterloan this was not done. Whilst there is no PPI premium to refund or any issue of a mis-sell, it would appear there will have to be some refund of interest. The exact amount will need to be calculated at the 10.9% rate….The reconstructed credit agreement is therefore correct as per the s.77 request.” The total credit would contain the interest according to this, a big breach of the CCA. Also they seem to think that reconstructing the copy means making it compliant, it does not of course, it means making the information on the copy exactly the same as the original. Fraud anyone?
  39. 1 point
    There are many reasons why not to appeal and also not to appeal too early. Let's start off with the appeal you were going to send on post 1. [Well done by the way for doing some research first]. These crooks issue hundreds of tickets each day and most only take about 10% of those to Court and ok a fair number of people do pay up straight away. So the crooks have to decide which people to take to Court. They know that most of their tickets were issued incorrectly and wouldn't stand up in Court but they do have the effect of frightening or shaming people into paying. So the ones who do not respond are perhaps the ones who are not scared to ignore the demands so who else can they pick on. That's right- those who have put their heads above the parapet and appealed. When I was in sales, if anyone said straight away-"I am not going to make a decision today" what they are really saying in most cases is that I am a pushover and although I do not want to make that decision today, I know that I will make it if the sales rep is good enough. So to appeal in the eyes of the crooks is to say that although I do not want or think I should pay, if I get pushed/scared enough I will pay. They also have an up to date address for you-and with luck, maybe a email address. For similar reasons, do not mention whether you were the driver or not and that you are not going to disclose who was. If you do have to write, just say that you are the registered keeper and obviously avoid saying that "I" parked or "I" did something since using I is a dead giveaway that you were the driver. So given that by appealing has given them a reason to pursue you all the way to Court the last thing you should do is to tell them where their parking ticket has gone wrong You telling them ." Insufficient detail" is no problem for them-now they know you know they have plenty of time to concoct a reason for the ticket, prove it by stating a Court case and demand a higher sum. That would frighten many into paying up there and then. Bear in mind that you are dealing with crooks who always use threats of their own so threatening to complain to the landowner/MP when you have already said that the claim against you is too vague is hardly going to scare them since there may well be a valid reason why a ticket was issued just that they haven't as yet divulged it. Their ticket wordings often cover a multitude of infringements and if people pay up then, there is little reason for them to print different versions of possible offences when one will do. Also if you do not write to them they often keep their pre Court notifications vague too which helps in your defence against them and is then often too late for them to make amendments. Another reason for not appealing is that you do not as yet know just how bad their claim is. It can take several weeks before you know what is wrong with their Notice to Driver [if there was one] ditto for their Notice to keeper and their Reminder. We have not seen their signs which are often conflicting or forbidding which means they cannot form a contract with the driver. We do not know if they have planning permission from the local council to erect their signs nor install cameras.Then you hang on to that information until it is needed. Why waste time writing a long winded letter [like this one] pointing out why they have no chance in Court when they were probably never going to take you to Court in the first place. Just get on with your life ignoring all their threats [unless it is a Court threat -then come back to us] and bear in mind that they use unregulated debt collectors who often unlawfully add extra charges to boot. They can safely be ignored =my dead cat has more power than them. PS well done for including that bit about kelvin Reynolds from the BPA
  40. 1 point
    I like the new layout, sure there will be some quirks, but it runs better and less scrolling past a million tweets at the top of every page. Well done, and as always thanks to one and all who keep this informative site up and running. Remember if the site has helped you win, or solve an issue give a little donation to CAG to keep things running.
  41. 1 point
    Of course you must always defend...I think we are going off at different tangents here....I am simply referring to the response you got from Cabot and their lack of understanding of the process.You must appreciate that 95% of DCA claims go undefended and they work on default judgments.
  42. 1 point
    Send it first class and get a free certificate of posting from the PO counter. Don't send it recorded or when postie turns up at their office and says "one to sign for", they will suck air through their teeth and say "noooo, we'll pass on that one, just return it". Then a couple of weeks later the letter comes back to you, complete with proof that it was never delivered. There is no bar too low for them. Edit: Sorry for duplicating what others have said (missed page 2 - not awake yet!)
  43. 1 point
    before you set off dow that road you need to be absolutely sure of your position. It may well be that part of the land is on your deeds but if there is an easement or right of way over it that will count for little. where I use to live I owned a strip of land in front of my house that I could do nothing with, couldnt enclose it or develop it because there was a restriction placed upon it by the council to allow for the sighting of a road junction by traffic travelling towards it. the land was privately owned decades before the council placed this condition on it and I had no desire to do anything with it anyway but owning land doesnt mean you have rights to do what you want with it. i mentioned specific things and you havent come up with answers so when you decide how to progress this make sure you ask the right questions of whoever is looking into things for you. You may well have a good case for fighting the council's determination to clobber you for using your own land but there again they can enforce anything they get right and you get wrong. You avent even said where this road leads to, just a dead end or is there even a footpath that goes somewhere else? So any different permutations. what does your deed say aboyt access and curtillage? adoption isnt necessary to enforce a TRO, that has already been sais. the devil is in the detail and we are missing that.
  44. 1 point
    no sar needed send pe our std snotty insulting letter in many ppc threads here. [search Gladstone snotty letter ]
  45. 1 point
    Papers from SAR shows shockingly very high charges from 2009 to 2013 within period I lost my job and was struggling financially, can I seek refund from OC? Just after calling OC and asking for complaint procedure and address, I received letter stating small % of charges will be refunded but paid directly to Lowell? What's your opinion guys?
  46. 1 point
    I think this new site is better the more you use it. Of course it takes getting use to and will be tweaked to improve. Have gone through so many computer changes personal and work, that I no longer become stressed out, accepting the challenge of learning to navigate the new system.
  47. 1 point
    I would think that the wording of the original agreement will be crucial and whether it says anything about what happens if you withdraw your consent. After 15 years do you or any of your neighbours still have a copy?
  48. 1 point
    I would hate to think of the conditions of his Stamens then.
  49. 1 point
    Thread moved to the appropriate forum ..please continue to post here to your thread. Regards Andy
  50. 1 point
    let it run for a few days then chase it up with the council. Just title it something like RE: my letter from xx/xx/xxxx Then just write as if they recieved it. Theyll soon tell you if they have or have no idea.

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