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Everything posted by sparkeyrjp

  1. Ah , thought it had to be hard copy , I will use that method to deliver , copy in CEO ?
  2. We have an ongoing dispute with BT/ Lowell which has been running for almost 3 years. It was the subject of a thread , but because of the time scale , was locked , until I could come back with some positive information to be able to continue . The next stage of sorting the dispute was a SAR . This where we have hit a stonewall . We have sent the SAR 3 times each to a different address , each time BT are refusing to sign for the communication citing Covid . Because we have to wait each time to see if we get a response , the problem continues to drag on . How do I break through this and get the SAR on record so we can proceed. Or do I just go to the County Court and say BT are refusing to comply with the SAR?
  3. Now contacting ICO to register formal complaint due to failure to respond
  4. Dont holt your breath , we submitted a SAR to BT almost 6 months ago , and despite reminders , still waiting , they are blaming every man and his dog for the delay , at the moment its the virus causing the delay
  5. They have well and truly shot themselves in the foot . They will never get over the bad publicity , social media is saying , boycott the hotel group . Not sure if true , but Tripadvisor had to suspend reports on the hotel as well due to negative input .
  6. Hopefully I have chosen the correct sub section to ask this I am asking a simple question , which most likely , will need a whole lot more detail , unless the answer is a simple yes Question :- Can a local authority , with no apparent public consultation , change the designation of an area of open space from MOL ( Metropolitan Open Space or Green Belt ) to UOS ( Urban Open space ?Thereby freeing the land for building purposes There is a published report on the consultations .from some 18 months ago , but there was no notification locally that a report was being prepared, therefore there was no local input to the report . The report was published on line but was difficult to dig out .
  7. Donation made Now on to my ongoing tussle with BT/Lowell , read elsewhere Rod
  8. Matter resolved !! I finally received a response to my email sent to the kennel 28th November . In that mail I had pointed out that their T&Cs are over ruled by CRA , and it was on that basis I would be proceeding , they had previously written that they had legal liability insurance , and were happy to defend , I suggested they contact their advisors to explain CRA . My guess is that they did and were advised to settle which they have done . It was only due to their lack of response that I came here for advice on how to proceed . And I am grateful for your time spent in considering the problem and advice given. They are settling on the remaining half of the fees ( remember the insurance co have already paid me half of the fees ) I am contented to accept this , even though they still end up with a healthy profit on the transaction , there was always a chance I might not be successful in court .and end up with egg on my face . With the insurance pay out I now have no financial loss . I know this will not be entirely satisfactory from your point of view. But for me …….. If anyone asks me to recommend a kennel , I know one I will not recommend
  9. Sorry , just meant as a formal letter with my address , and addressing the owner by name and business name and address
  10. Thank you , will get it on headed notepaper and send signed for .
  11. Thank you Although I am sure their fall back will still be T&Cs.
  12. First draft "In order to lay this matter to rest , I ask you to account in detail why you consider you are entitled to retain the full amount of fees, and if this fully reflects your administration losses by refusing to accept out dog .If this retention of fees reflect your costs , please supply a breakdown of those costs. Also evidence you were not able to fill the vacated place . To be clear , do not refer back to your terms and conditions , I have explained previously that Consumer Rights Act ,Part 2 Unfair Terms over rules them . I await your considered reply within 14 days . If I receive no reply or unsatisfactory reply . My next communication will be a letter before action , followed by action in the County Court ."
  13. Thank you very much for your reply , and recommendations. I will start composing and refining a draft letter , and get back with it for your comments . It will take a day or so , in order I can write , think and refine .
  14. I will try to break down the answers to individual points Thanks for taking the time to offer considered replies RE admin fee offer I addressed this in post no 4, and was questioned as why I was offering , confused ! But I can revisit that with an offer , Not sent a LBA or formal letter as opposed to email as yet , which I can do I have addressed the question of their losses in a roundabout way , they bleat on about it being , unfair that they kept a booking open for me , and would lose money by refunding me Yet in another message they tell me they had to turn down many requests for bookings , to which I have suggested they would have to prove they were not able to fill the vacant place at short notice ,so having minimal losses . I have covered losses indirectly .I will though ask directly for them to quantify their losses in this specific instance . My daughter moving back home incurred us or her no additional expenditure ,in fact for her , she would have had less outlay , think “bank of mum and dad “ With regard to claiming the whole amount , I take it I should address this in any CC action, then indicating I will be refunding the insurance company , as the kennel are already aware the insurance company have settled on half of the amount in question
  15. The total amount was around £450 and I paid in full I think you asking what we did with the dog , we are lucky to have a daughter ( a single mum with son )who jumped in to help straight away . She moved back home with our grandson and dog sat
  16. Understood , so my next step is to consider LBA , then MCOL . Apart from court fees , it looks like , if I loose , I could be stung for defendants expenses . So I have to be 100% sure of success , and it is looking like my success is hanging on the whim of a judge . And me being accurate with the relevant sections. , which should be this , Which I have now read through . Consumer Rights Act 2015 UK Public General Acts2015 c. 15PART 2 ,paragraphs 61/76 excluding para 75. I assume my claim would be phrased thus "Return of half of monies paid for Kennel boarding fees ,in contravention of Consumer Rights Act 2015 UK Public General Acts2015 c. 15PART 2 when defendant refused to accept dog due to suspected illness , half claimed as half settled by insurance "
  17. I am trying to follow your advice in post 21 which suggests the kennels T&Cs are over ruled by the CRA As I understood it , even if the kennel felt they good reason to refuse the dog boarding, which would be a difficult point to argue , as I am unable to get the vet to confirm they said the dog “should “ be ok ,the most the kennel would be entitled to would be reasonable admin expenses due to refusing to accept the dog . Then I read in you last post , which to me seems a contradiction . Paragraph 3 suggests a Judge would favour the kennel and its stance ,then paragraph 4 says to deny a refund in unenforceable . Surely if to deny me a refund is unenforceable at common law , then a Judge would have to rule in my favour . So if I continue I need to be sure I am citing the correct sections of the CRA
  18. It seems now the kennel thinks by ignoring me I will go away . In my last email to I pointed out to them that their T&Cs were not in accordance with Consumer Rights , so in effect gave them a last chance , which has been ignored . Next step is LBA I have read the link regarding the regulations but would appreciate being pointed to the specific section , in order to progress to MCOL (registered user )to submit a claim . Thanks for help so far “cheque in post” PS vet will not get involved
  19. I Know I will get flamed for this , but for once time only I am with MET . The so called “graffiti” is there to help people , Parent and child bays , Disabled bays , and electric charge point bays are all there for a reason , just suppose you had an electric car and it was in need of charging ,had children in the car and need extra space to get them out ,had a disabled passenger who needs extra space . how would you feel if the bay was obstructed . I have no doubt the experts here will guide you to having the parking charge cancelled . But morally ………..
  20. Thanks for advice . I will follow up and come back . I had not witheld the kennel name , Did not think it relevent Bed and Biscuits , Swanley Kent
  21. The PetPlan policy covers holiday cancellation of the owners if the dog is seriously ill and the owners have to cancel their holidays .but not the dog So had we cancelled , our hols , it would have cost Pet Plan £1500 ( the max amount of the cover )
  22. I feel the sticking point may be around the following paragraph “We reserve the right to refuse admission to any dog showing signs of ill health”( OUR DOG SHOWED NO SIGNS OF ILL HEALTH ) Outward signs that is I did inform them that our dog HAD been infected and treated , and the Vet said the dog should be ok .I doubt the vet would be willing confirm this in writing though . They seem to have decided that this was not good enough , and refused to accept her BTW sorry about the lack of paragraphs , what I pasted was exactly as printed on the T&Cs , perhaps a rouse to make people skip through ?
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