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Everything posted by FunkyFox

  1. Hi, thanks. I suspect it is more for Trading Standards than the ASA. I spoke with Thomas Cook and they claim it is a system issue as it takes time to update the system after the initial booking and if I had tried to actually complete the booking i would have received an error. I'm not sure I completely believe the claim however I'm not going to book two identical holidays to prove the point! FF
  2. Hi, I was wondering if anyone has any knowledge of the legality of this very common practice. I recently booked a holiday at a very popular resort in Turkey where for the summer holiday months you usually have to book up to a year in advance. We have been 3 times previously and are very familiar with the resort and accommodation etc. Just before xmas on the Thomas Cook website it showed (for our party size and dates) the red flashing text, 'only one room remaining'. Fearing I would miss out, I booked. Out of curiosity, I then went back in and entered the same details and sure enough, it was still flashing, 'one room remaining' (same price, same flights etc) allowing me to go through and book. My issue is that the evidently false claim that there was only one room remaining influenced my decision to book at that time, when in theory a better deal may have been available at a later date. These limited availability claims are very common and I suspect we are being mislead into purchasing decisions we would not otherwise make through fear of missing out altogether. Thanks in advance FF
  3. Hi all, any advice on the following situation so I can advise my old Mum would be very helpful please. You agree a price for a main dealer oil & filter change. Whilst waiting for the work to be done the service manager says there has been a 'problem' and that the sump plug has stripped the thread and they will attempt a repair. They charge additional £48+vat for the privilledge of the repair. 24hours on, car has developed an oil leak, presumambly from the repaired sump plug. Garage advise they will attempt another repair and if that fails then its a new sump at £210 + vat. A £99 service and inspection has turned into possibly £400 bill. The garages response is these things happen and that they are a business and can't put things right for free! They say it's an old car (10 years old in absolutely perfect condition with FDSH - they were the last people to tighten the sump plug) and a fault of having steel fixings on alloy sumps! Ultimately they are saying its not their fault or issue. My position is that they failed to take due care when changing the sump plug, charged for a failed repair and want Mum to pay a further £200 to put it right. I have advised Mum to pay the final bill, use a credit card and write on the invoice, 'paid under duress' on the invoice but would like any advice if they don't repay her, on what basis could she issue a small claims court claim? Thanks in advance for any assistance, FF
  4. Please follow the advice above from Wendella. HMRC have some very considerable powers at their disposal and if ignored WILL use them. For example... HMRC given powers to raid home businesses - Times Online You partner must contact them and endeavor to resolve this. Establish the facts, be honest with them and if neccesary he will need to make suitable arrangements to repay what he owes, if indeed he does. The normal rules of engagement do not apply regarding HMRC (and if Lynn is from HMRC that applies to her too!). Best of luck. FF
  5. If it gets to court and is over £5k it would be allocated to the 'fast track'. That means that your exposure to costs could easily double the debt IF you lost. Under £5k costs are far far more limited even if you lose. It helps to be aware. As I said, try and maintain control, write back, tell them they have not provided a legible copy, that the prescribed terms are not there etc etc. It worked for me, it may work for you. Good luck.
  6. I wouldn't read too much into this either way. They are simply going through the motions. Anything could happen moving forward and probably will. Other things to consider are the size of the debt. If it over £5k it would most probably end up in the fast track and you could be liable big time for costs. Small track ( You will have to be determined, prepare for you credit file to be trashed and for them to try all kinds of tricks. Make sure they know that you know and that you won't be pushed around. You have to take the iniative and control. They know that the agreement is illegible, probably unenforceable as the 2 parts can't be linked and they don't have a better copy or the original. Good luck.
  7. Hi All (its been a while) I have a quick question, grateful for any help. If a claimants case has been struck out, CPR states that they must apply promptly to have the sanction removed. Does anyone know of any authorites that defines what a reasonable time is? I have a case that was struck out 14 months ago and I fear it may be about to rear its ugly head again!! Also if the OC has now assigned the account to a DCA, would the DCA be able to apply for sanctions to be removed and carry on with the case or must it be the original claimant. Any help much appreciated. Thanks, FF
  8. here you go, I couldn't work out how to find my old posts (I don't post much these days) but sussed it in the end. My agreement is on the first post and it starts after the set aside. Good luck. http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/157451-back-court-after-set.html
  9. Hi, I had the exact same agreement and back page (although my back page was totally illegible) and after a long long battle I got the charging order removed and the CCJ set aside. As the maverick says they tried every trick in the book but eventually, at the 11th hour when due to exchange witness statements they discontinued and ended up paying me £500 in costs. From my experience I would say it is not possible to link the 2 sheets and as such in not enforceable. Smile know this too but may have changed their position on these agreements so be prepared to take it all the way if needs be. Best of luck. FF ps - there is a thread on here somewhere but I can't find it!
  10. Hi Stevo, FWIW I think you would have a shot a tribunal and remember 80% of claims are settled out of court. Did you read the links I posted, a one off incident of swearing at a colleague is not gross misconduct, especially if the nature of the job swearing is accepted as the norm. Doing so in an agressive manner is highly subjective and under the circumstances should have been dealt with in a different way, especially after 21 (blemish free?) years of service. Have you checked your contents insurance? Our case has been ongoing for nearly 1 year, costs likely to run to over £20k, we have very experienced barrister and all covered by the household insurance. As for what to say at interview I agree, you should be truthful (otherwise you could end up with 2 dismisals and that would be game over) but put a spin on it that says, it was a one off, heat of the moment, focus on the positives (21 years etc) and explain it was very unfair and you will be challenging their decsion etc etc. Best of luck, FF
  11. Hi there, you could always appeal (I assume they notified you you had the right to do this). Just because they say it was gross misconduct, it doesn't mean it was. This is a quote from the fabulous 'Employment Tribual Claims Handbook'. I recommend you read the posts on Gross Misconduct her blog here Gross Misconduct | Employment Tribunal Claims Get some advice asap, there are strict time limits and procedures. If your dismisal is found to unfair then that will help with any questions you get in future. What they did sounds 'very' harsh. There is lots of free help around and you may be covered under your contents insurance. Good luck, FF PS - From the CAB website when talking about Gross Misconduct PPS - Given your length of service you could be on for a very hefty basic award too. 'Give 'em hell!
  12. Hi P4E, I'm thrilled you got the outcome you wanted and deserved. The order for costs just makes it all the more sweet. The next thing you must do is to make a complaint to the OFT re: Arrow and the SRA re: Copes. There is no way they could wriggle out of this like Howard Cohen did on this thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/192657-howard-cohen-oh-dear.html Hang 'em out to dry I say. Well done! FF
  13. I'm fully aware that this will probably make me rather unpopular but I really don't think phoning up Marlins and abusing their staff on the phone is really the going to achieve anything, other than a temporary sense of mild satisfaction. Furthermore, to then post your actions on CAG alligns this kind of behaviour far to closely with this fantastic resourse, further undermining its credibilty in the eyes of the industry and the regulators. Not to mention that I'm pretty sure sure that using the phone system to abuse people is probably some form of criminal offence (and yes I'm fully aware of the irony of that in this case). Peoples efforts would be far better spent in lobbying the OFT, SRA, CSA, their MP and contacting just about everybody they know to make the public fully aware of people like Mark and the effect their actions have on people rather than playing silly games. Last time I phoned someone up and hung up I was 11 and phoned the operator and asked 'if Busby was there'. Got in a right bunch of trouble for that Don't stoop to their level, take positive and proportionate action. I hold these vile people in as much contempt as the next person but I don't personally feel this is the way forward.
  14. Thanks for the advice Conniff. I eventually found a hyperlink on the email they sent that links through to a pfd on their website of the t&c's that apply. I thought I was onto something as this is not considered a 'durable medium' under the distance selling regulations but it would seem as far as I can tell that holidays, accomodation etc are excluded from this part of the regs so no doing there. Within their terms the cancellation is 100% loss of deposit if cancelled before 56 days, which we did. What would you suggest is my angle. I have checked the CPUTR and it all seems quite vague regarding how I would approach this as an unfair term. I intend to write in the first instance requesting they reconsider as they have been able to relet the accomodation and suggest they keep £50 by way of admin fee. I don't think I'll mention anything at this point about unfair terms or possible legal action. Would you think this is the right way to go about it and any other thoughts on the CPUTR angle? Thanks for your assistance. FF
  15. Wonder if anyone can help? I booked a holiday with a well known boats/cottages/parks company back in January. We booked 2 seperate locations 1 in Cornwall and 1 in Devon. As a result we had to pay a £150 deposit for each. Unfortunately due to a change in circumstances we have had to cancel the holiday and they had written to say that they have retained our deposit of £300. We booked over the phone and received an email confirmation with no terms and conditions at all and never received any. Is there any basis for challenging their decision to retain the deposit. They had already sold the holidays again. I'd quite happily take them to the small claims court if there was some basis to do so. Any help, advice or pointers greatfully received. Thanks, FF
  16. I disagree that it is 'pointless'. I was in a very similar situation (I made a CCA request after judgement in 2 cases) and in both cases had judgement set aside and CO removed and cases were struck out and discontinued respectively. It certainly won't be easy but it MAY be worth a try. As you know in order to 'undo' the CCJ you have to fulfil certain critera and one of those is that you have a defence in the event that the CCJ was set aside. Otherwise it is just a waste of the courts systems time to set aside a judgement if the outcome will just be the same. If there is no CCA or an unenforceable one then that would form the basis for the defence and as such I would advise the OP to try ascertain if one exists or not and if so is it enforceable. They will have to also convince the court they were unaware of the judgement and CO hearing too which could be a struggle. I agree it is going to be a struggle as the CO has also been made final so judgement has been enforced. I don't hearing a fat lady singing just yet but she is clearing her throat!!
  17. Merlin, I don't neccesarily agree that a CCA would be entirely pointless. There are many examples on CAG of people who have managed to get a CCJ set aside and the CO removed long after the event. I myself had 2 removed and the won the subsequent action. Both debts can no longer be enforced. It is a long shot and requires a great deal of work but it can be done. but nothing is guranteed. As others say the chances of the getting an order for sale is next to zero so the alternative may be to agree an affordable monthly repayment and take some comfort from the fact that they won't get a penny unless you sell the house. Do you mind if I ask, how much the debt is and who the creditor/dca is? Also when was judgement granted? It sounds like you've had a rough time. Best of luck with whatever you decide.
  18. I bought 10 of those and sent a threatogram to myself. How's that for supervison. My bad, I did not follow it up with a complaint!
  19. Interesting that Mr D B Davies, 1st Credits old principal solicitor from LCS solicitors has turned up at Capquest's as 'Head of Legal Services'. LCS no longer listed as a solicitors as far as I can make out (nor LDS which was his own 'company' based at home). Just goes to show you can't keep a good worm down. As for the SD I would follow the advice in the thread linked above and get it set aside and make a claim for costs at the same time. Then laugh as they squirm saying they didn't really want to do it and would you withdraw you application (errr nope!). Depending on what has happened up until now with this debt I would also consider a complaint to the OFT. They take a dim view of the issuing of an SD simply as a scare tactic and without proper justification. You will find loads of help here and just ask. Good luck.
  20. Paul Lewis from Money Box was on BBC Breakfast this morning discussing how a chap has been succesful in sueing AK for £5k plus £1.7k costs for libel after they harrasssed him for a debt that was not his and refused to amend his credit file, resulting in him not being able to get credit as his credit file had a default on it. I've seen a few threads where people have suggested this course of action, well it looks like someone did it. Great news. I think it will be covered on MoneyBox today at 12.00.
  21. FWIW when I first ran into difficulties I just ignored the letters from CARS as what they were after was so insignificant compared to the rest. After making a lot of noise (and spending alot of their own money doing so) they disapeared from where they came. Unless I great deal has changed either ignore it altogether or raise complaint/dispute and make a general nuiscance of yourself. As previously stated I've yet to actually see any formal action be taken by CARS. 8 months later Fitness 1st were phoning me offering a new membership. I declined.
  22. Hi there, I'm really sorry to read about what has happended to you are your hubby. We have recently been through a similar situation and I am afraid that under 1 year of employment there is nothing that can be done by way of unfair dismisal. The only way you could bring a claim was if your hubby had been discriminated against in some way, such as due his race or sex, but that would be a claim for discrimination, not unfair dismisal. I do realise it appears unfair and unjust but my advice would be to move on and put this horrible event behind you both.
  23. Whoops! looks like we broke it Fixed again!
  24. Seriously Claire Sandibrook is absolutely priceless.......her rant at about 60%...unbelievable
  25. Trust me you'll be awake when they start on about charging orders....especially whatsherface representing the enforcement bunch.
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