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About ItsWar

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  1. Wages in lieu of notice might be worth discussing.
  2. I suppose they might issue a summons, but what happens to the bike in the meantime and do the daily fees just rack up? Of course, they dont want the bike, they want the money. So offering the bike in return for the fees to be waived, just gives them the extra hassle of selling the bike, for less than the fees. The bike is still lost and the boy is down £450. The clampers need not have towed the bike, then the clamp fee wpuld have been only £125 and that might have been found in a day.
  3. The moped cant be sold because it doesnt belong to the clampers. They wont return it without payment. Its not theft, clampers are allowed to enforce tresspass in this way. The main question is how to stop the fees racking up or does he abandon the bike? If he abandons the bike, is that the same as selling/scrapping it? What are the clampers allowed to do with it? Can the fees just rack on up until they reach a silly level and then do the clampers sue?
  4. I have now been to look at the site. Goodlands Lane in Taunton. There are signs all over the place at eye level. Premier Parking. I didnt have my camera but the sins are very detailed. The fee at the moment is £410 plus £35 a day. My friend has phoned the clampers and have bee told the £35 a day will continue and he cannot abandon the bike. The fee will just keep going up. The thing is, up is up, and they cannot raise the money fast enough. So abandoning the bike by default is probably what will happen. The question then is: How will the clampers enforce what they believe beco
  5. I am new to this problem. My friends 16 year old son had his moped clamped at 2am in a private residential area. He returned at 9am to sort it out only to find it had been towed. The clampers want £350 to release the bike (£125 of which is the clamping fee £225 is the towing fee), which they say is 25 miles away in another town. They will charge an extra £50 to take the boy to the compound. The bike was secondhand only two months ago and cost £450. My friends cannot afford the release fee for their son. This is all I know right now, and will check the signs and identify the clampers
  6. Was it worth the hassle? Well, Yes. I could have accepted his initial offer, but I considered offering a counter proposal (bad idea) (I had no idea that a counter proposal had the effect of rejecting the first offer, I thought it would place two offers on the table). The chance being taken that he might just agree to my counter proposal. He didnt agree, but re offered the original partial refund (his big mistake). The problem was simply that he withdrew the offer after I accepted it. Thats why I had to go to court. I did mention the difficulties I faced, being a shop keeper in post 8 a
  7. Well it was a very interesting two hour hearing. Better than any training seminar. I presented my argument regarding contract law allowing me to rescind if the delay was unreasonable, if I was misled, if he kept knowledge secret, and various other points showing bad faith. How if I as the one judged to be in breach of contract, then nevertheless he mad an offer a partial refund and withdrew it after I had accepted it. My argument was confident and largely un-interupted, I was on song and gave a good accounting of myself. The defendant had his go and stuck to the travelog of what happend.
  8. An interesting development today. I receive a letter which has also been copied to the court, written to me by a gentleman who was in the habit of visiting the aquarium shop. He asks the owner of the shop if they had supplied the fish tank in my shop. The owner says they had taken the order but the contract had broken down and I was sueing him for the return of my deposit. The gentlemen then explains in his letter that he felt obliged to tell the aquarium shop owner his experience when his fiancee bought a wedding ring from my shop. He explains how I took the order for the wedding ring and p
  9. OK. So the hearing is 11.30. Do I file at 9am and still give a copy to the defendant. Or do I file tomorrow and not give the defendant anything? Or is it better to just give them both tomorrow? I am beginning to get a good argument together and if I lose, the question of mitigating the damages could be useful. The defendant has done nothing to reduce the costs. Even by paying the full trade price for the tank and not insisting at least that the manufacturer still makes and delivers it. I cannot understand why the manufacturer would still charge him for the whole tank, yet not make it. G
  10. I am really bothered about providing the court with my argument, because I will also have to provide a copy to the defendant. Is it fair that he should get to hear my argument and plan a defence to it? He has not supplied me with his arguments. The hearing is in 4 days, so should I still send the argument (actually I would just pop them into the court in the morning, and a copy to the defendant). Will I be better off doing this, or staying silent? Do I get a benefit, as the defendant is clearly staying silent.
  11. Can Contract Law help me? Contracts can be rescinded where one party fails to make adequate disclosure or misrepresentations during negotiations. Concealing what he privately knew and induced me into the contract with a reckless promise of delivery date.Knowing the factory was to close and the quoted date had a high probability of being missed by 3 weeks. Any ideas of other (non consumer based) laws? VERY URGENT. Should I tell the court and the defendant the arguments I intend to rely upon before the hearing?
  12. Yep. I get the protection I need if I am a consumer, but face an uphill battle as a business user. The assumption I need to get across is that the consumer needs more protection , than a business whos expertise is in dealing with the products he buys and sells for his business. But where I buy a product not generally associated with my business, from a retail shop and not a trade supplier, and the product is one that is normally sold to the public. I assume I am actually in need of that protection as I am wearing a consumers hat when I buy the product and its only the location of that product
  13. I think there is an ambiguity here. I can buy anything from a shop (radio, book, stationery, clothes, white goods etc) and take it home, knowing I am covered by consumer law. Say I buy a microwave oven, of course its covered by consumer law. Say I buy two microwave ovens and take one home for my wife and the other goes into my staff room at work. Are you saying that one is covered by consumer law and the other is not? Then, lets say I am a white goods retailer and not a jeweller. I buy microwave ovens from a supplier, these are not covered by consumer law because I am not the c
  14. Just re read the thread again. Why did the retailer write to your bank ???? Was it because he did not have your address? The bank of course wont divulge your address, so how can you be sued? Similar thing happend to me, I had two customers (friends shopping together), one spent £150 the other £230. I accidently processed the two transactions at £150. I realised my mistake at the end of the day. I hadnt taken the customers address, so I wrote to the bank, they refused to supply the customers address. I therefore sent my customer a letter, addressed it to the bank and asked them to send th
  15. Thread 16 has it right. Have the retailer do a customer not present transaction.The answer is so simple and both parties are treated justly.
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