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My Real Name

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Everything posted by My Real Name

  1. I hope the next court appearance goes better - I find it incredible that it's gone through two courts already. It's great that the caution was rescinded though.
  2. Did you use a credit card to make the purchase? In which case, you can make a claim against the credit card company. You could also consider making a complaint to trading standards.
  3. Is there no doctrine of first sale? If I buy an item, it's mine to do with as I please.
  4. Name both of them in any action. Let them decide who is responsible between themselves.
  5. I understand that might be the case for distraint against goods for services (e.g. holding on to a car in the garage if payment is not made). In this case, however, the passport belongs to the Government, not the individual.
  6. Contact Equifax and Experian (and the other credit reference agency which I cannot remember the name for) and inform them that there is no financial link between you and these people. You might as well inform them that they do not live at that address, although I don't know if they would take any notice. Pass on any known addresses to any debt collectors / bailiffs that come round. Return any mail with / or without the new address included. Otherwise ignore the letters - As long as your credit record is unaffected, I'm pretty sure that it's not much more than an annoyance.
  7. Have you asked them for your car back? Send them a letter, informing them that they do not have your consent to have taken the vehicle, and demand they return it. Inform the police that the vehicle was taken without your consent. Do not relent until they give you a crime reference number - not that they will ever investigate it, as they will no doubt insist that it is a civil matter - a crime reference may be useful in any county court claim against the PMC. Inform the police that PMC are extorting you for £4,000. Don't give up on that front. My guess is that you need to be looking to obtain a court order for the return of the vehicle (I have no idea how you go about doing this, however), and you could then claim for any direct loss / damages caused.
  8. Was there any signage? Who removed it - were they SIA members? Have a read of the sticky on clamping, and see which parts apply.
  9. I would be interested to see what a county court judge would make of his claims about the direct costs of this breach. Interest on the money not received? Time spent chasing? Cost of him cancelling a weekend away? Why not add in the cost of the lifetime of therapy that his children have to go through, because daddy could no longer buy them a pony? Emotional trauma? That's a pricey one. If only there were some precedent to fall back on in cases like this . . . Whilst not extortion, the claims are certainly fanciful.
  10. Just to be clear - Road tax, or VED, rather, does not pay for the roads. It is not even hypothecated to pay for roads. The roads are paid for by general taxation. Toll-free motorways in France are horrific (particularly around Paris), and akin to driving on cheese graters.
  11. The DSRs require you to refund the original delivery charge, not the return delivery charge, provided you make this clear in your Ts & Cs. The links in Kraken1's post are clear on this - if you do not specify that the customer is liable for the return charge, the seller becomes liable. Many online retailers will sell items with free delivery, with the cost of delivery included in the value of the item itself. It's up to you, as a business, to decide whether the marginal increase in cost is worth the marginal reduction in units shifted. That's what business is, after all.
  12. I've not hired one recently, but have had hire companies try it on pretty much every single time I have used them.
  13. Apply to have the judgement set aside first, then worry about the defence (although there are plenty of examples to be found using the forum search function). If you don't remember seeing the court papers, it's possible that they were never sent - it's not the first time that this has happened with OPC (see here for example).
  14. That'll teach me to read more than the first sentence then.
  15. Was there no summons issued? I was under the impression that if you did not pay an NEFPN, you would receive a summons to appear before a magistrate.
  16. They have no right to fine you. Their Ts & Cs may be worded such that you agree to pay a surcharge if you smoke in the room - Do you have theses available? Contact your credit card company and make a chargeback. Failing that, write them a letter before action, and be prepared to take them to court.
  17. This is an argument that has seen me bashing my head against a wall when speaking to the council (who own the estate where I live).
  18. Conversely, it would not be reasonable to charge for fixed costs, only the marginal cost of processing the ticket. It would be awfully difficult to demonstrate the increase in heating required to process an extra ticket. What if there were two tickets in succession? Should the OP have demanded that a jersey was purchased?
  19. Is there a test for what constitutes "reasonable" - a number of posters have alluded to thinking that the £25 is a reasonable amount to charge for forwarding a letter and filling a form.
  20. A question for the OP - is the pavement a shared use zone?
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