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About peterlucas

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  1. What exactly is the fine for? What did it say exactly in the documentation that told you about it?
  2. Exactly. I had this with Royal Mail before, I didn't know about the legal issues at the time so I paid it. When I found out on this forum I recovered the charge using Money Claim Online (settled pretty much instantly, there is very little chance of a claim this size being defended). But here's the relevant law Section J Customs matters Article 18 3 Postal administrations which are authorized to clear items through the Customs on behalf of customers may charge customers a customs clearance fee based on the actual costs. http://www.upu.int/acts/en/3_parcel_en.pdf See here for the full discussion http://www.consumeractiongroup.co.uk/forum/general-knowledge/151776-parcelforce-clearance-fees-c.html
  3. Clegg says he wants to break up the banks into smaller companies. That can only be a good thing for consumers.
  4. The meaning of the last paragraph is that because the motion was made without a hearing, you can submit reasons why the order should be changed or set aside. To be honest, if you make some attempt to reach agreement (even a token effort) then move to set the stay aside, the judge is more likely to see that you have made a good faith effort to settle the matter and that will put you in a better position.
  5. Not in the case of an order to obtain information, it has to be a company officer, and failure to turn up is contempt of court. See the Courts Service guidance note http://www.hmcourts-service.gov.uk/courtfinder/forms/ex324_0309.pdf
  6. In the course of your original dealings with the company, I don't suppose you were ever offered the opportunity to pay by bank transfer? If you were you'd have that information. Otherwise, the order to obtain financial information is about the only option. As to the issue of the Companies House Registers being up to date, a company that does not keep CH up to date of changes in details of directors in guilty of an offence (s167 Companies Act 2006) and has a duty to keep details of the registered office up to date (s87). That may be of some comfort; those provisions may encourage the company to keep the details up to date.
  7. I wonder if the government would be put off lending to it if a bank had lots of CCJs.
  8. I guess because you're asking for the money to actually be taken from someone's bank account and given to you. Its right there should be safeguards on something like that.
  9. Its always good to be able to state a legislative provision when complaining about a problem. Then they know you know where you stand.
  10. It would seem a third party debt order is your best option (since its about your only remaining option to be honest). This is an order for the freezing of the defendant's bank account, from which the money can then be paid. The defendant is not sent a copy of the interim order (the one that freezes the account) until 7 days after it is sent to the bank. There will then be a hearing to determine if the money should be paid to you. You will need to know which bank the company uses. The fee is £100 (if you are on a low income - under about £12K - you can get remission). This is the form http://www.hmcourts-service.gov.uk/courtfinder/forms/n349_0302.pdf This is a remission application http://www.hmcourts-service.gov.uk/courtfinder/forms/EX160_web_0709.pdf This is the guidance document on third party debt orders Her Majesty's Courts Service -Forms and Guidance And this is the guidance document on fee remissions which gives you details on when they apply. http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_web_0709.pdf If you don't know what bank they use, have a look at this guidance note http://www.hmcourts-service.gov.uk/courtfinder/forms/ex324_0309.pdf on orders to obtain financial information, which can also tell you the balance.
  11. Easiest solution, just wait till the charges are imposed then recover them as unfair charges.
  12. Sale of Goods Act 1979 Section 48B If section 48A above applies, the buyer may require the seller— (a) to repair the goods, or (b) to replace the goods. (2) If the buyer requires the seller to repair or replace the goods, the seller must— (a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer; (b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage). Section 48C (1) If section 48A above applies, the buyer may— (a) require the seller to reduce the purchase price of the goods in question to the buyer by an appropriate amount, or (b) rescind the contract with regard to those goods, if the condition in subsection (2) below is satisfied. (2) The condition is that— (a) by virtue of section 48B(3) above the buyer may require neither repair nor replacement of the goods; or (b) the buyer has required the seller to repair or replace the goods, but the seller is in breach of the requirement of section 48B(2)(a) above to do so within a reasonable time and without significant inconvenience to the buyer. (3) For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.
  13. Everyone should remember that Paypal owe you a duty of care too. If they are not taking proper steps to verify the probity of a buyer's claim, they may well be in breach of that duty, which leaves them open to a claim of negligence.
  14. If your worried about them taking money from your business account, maybe you should set up an account with another bank and start paying money into there instead, then its safe (not RBS though, its the same group).
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