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arklst1976

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Everything posted by arklst1976

  1. Happy Friday everyone. Post arrived today, with another frantically bashed out load of waffle. Enjoy EWC-letter-after-LbA.pdf
  2. Nah. Date's wrong by an entire year. But its wrong anyway. It's just more frantic bashing away at the keyboard without checking facts etc or reading it over. I'd expected more from a formal document, covered by PAP CPR rules
  3. Hi guys. Here's the LbA the Mrs received. Response is almost complete, still going over it Been scouring pages on this site to help with it, plus the defence, counterclaim. EWC-LbA_pdf.pdf
  4. Looks like there were some interesting points made after my last post. I have Justice1234 set to ignore since the other day so no idea (and no interest) what they said. Reply to Letter before Claim will be sent in the next couple of days. Cheers
  5. Hi guys, The Mrs received an LbA from the Wedding Car company.Its addressed to the Mrs, as she was a party to the contract, not me. I have found evidence that they were in fact notified outside the 4 month window. (Purely by chance as I was looking at dates we were in contact with the venue and other wedding suppliers). I'm creating a response to the LbA on behalf of the Mrs, which will include this new info plus what she intends to rely on, should they choose to move forward. It's actually been enlightening for me as I haven't researched law stuff since I gained my Diploma in Law, and was on another forum, where I sought and provided help. Due to the fact that EWC are following the thread (as is their right to be fair) I will be posting the bare minimum and not asking for help (there's plenty on the site, so I'll do my own leg work), but will update as things progress. I was wrong to call EWC a little toad, and I am disappointed in myself for the term. But, since EWC is a legal fiction, I guess feelings weren't hurt, it was simply beneath me. I hope you're all having a pleasant week so far, and if I can ever help you in the future, I will.
  6. @[email protected] Hi guys, redacted post from before. They've sent LbA and could use some help. Or if you like I'll take this down. I'd send messages but keep getting "not registered" page. Thanks
  7. Hi I'm after some help with trying to get my wedding car hire deposit returned. I'll provide a bit of a chronological background to try and keep things clear. January 2020 - Began booking church, venue and other services for our Wedding for May 2021 - 100+ guest during the day, and 200+ on the night. Jan 2020 - Attended Wedding Car (WC herein). Booked and Paid deposit for 4 motors . Corona came along and we were in and out of lockdowns. Competitions and Markets Authority (CMA) brought out some guidance for Wedding Services 7 Sept 2020. In mid January, we got back in contact with WC via text, expressing our concerns over the wedding and Government imposed Public Health measures(we were currently in lockdown and no idea when things would return to normal), and that we were looking to move the wedding forward 1 year. Feb 2020 - Emailed to cancel our Wedding date in May 2021, after text had been sent and car guy replied asking for it to be sent via email. We asked if another date was available. 2020 - WC replied to say they could not fulfil our new date due to other commitments. Feb 2020 - We replied that we would have to cancel our booking with WC, but would be in touch if dates changed again. Feb 2021 - Government published Guidance (Roadmap out of Lockdown) - Stated, “Not before 17th May…Up to 30 people will be able to attend weddings…”. *Note again our wedding was for 100/200+ guests at the Stadium of Light, so not reasonable to have the same venue for 30 people. 2022 - Called and spoke with car guy to see if they had any availability (any cars at all) for our date. He was driving and so couldn’t confirm. Exchanged some texts on the same day to which he replied in the evening, that they had nothing, but to keep in touch due to cancellations. Jan 2022 - Started an email thread asking about deposits and their return. WC went straight on the defensive saying we wouldn't be getting it back and we should check the contract. We asked for a copy as we were not given a copy when we booked. Jan 2022 - Emailed to ask for the return of our deposit. WC replied that since we cancelled within 4 months of the wedding date, they now wanted the remaining balance of several hundred quid, and we should check the contract. We asked for a copy of the contract again, and that we would seek legal advice. WC replied with ever increasing sarcasm, saying we would receive notice demanding the remaining balance of £850 in the post. I replied that if they didn't supply a copy of the contract I would send them a SAR. Jan 2022 - Sent a letter via Post and email, asking WC to reconsider their position. We stated we believe the contract to have terms that would be deemed unfair terms that were not clear; there is a ‘Significant imbalance’ concerned with the parties’ rights and obligations, which can be seen as disproportionate financial sanctions; their ‘Terms and Conditions’ appear to seek to remove the consumers rights, while removing their obligations, but allowing them to make an unjustified windfall gain. We also stated that we believe the guidance and statements by the CMA, suggested that since the wedding we had planned couldn't go ahead (we'd be breaking the law with the numbers we wanted) on our planned date, and that a reasonable person wouldn't expect the wedding to go ahead when we cancelled the date, that we should receive a full refund as they were not out of pocket. We gave WC 14 days to respond...it took them 6 hours. Today they have sent my Mrs Letter before Action Any help much appreciated. The booking form has no Ts&Cs or costs of any kind, just addresses, personal info and the vehicles.
  8. Saw a solicitor this morning. While she says there's a strong argument to be made, and that the guy seems horrible to deal with, it's probably not worth wasting my time and effort on it. He seems to have a disregard for everything decent including Gov guidelines on repaying the deposit. Not sure what I'm supposed to be doing next really, so I'll leave this for now. If anyone has some advice, I'm happy to take it onboard...
  9. Yeah, probably why the little toad doesn't take card. So, am I going in the right direction? Letter before action my next step? Doesn't matter what I've thrown at him, he's not interested. There's reviews on various platforms with people having the same issue. The new company we booked our wedding cars with know all about him. As soon as we mentioned EWC, the guy said "let me guess...you're struggling to get your deposit back"
  10. Hi, Yes thats the company. The Ts and Cs look like they should be in crayon, they seem that bad. In one response the guy said they were written by the Federation of Small Businesses...I find that hard to believe. We paid £300 cash on the day, which we have the receipt for, then £100 by bank transfer. He has no card machine. I can change the names in the email exchange and attach them to this thread. You'll be blown away by the aroogance of the guy. He's blatantly trying it on, thinking legal costs will put me off, but it won't.
  11. Hi @Andyorch Would you have any advice on this? Or anyone for that matter. Does the CMAs Statement on coronavirus (COVID-19), consumer contracts, cancellation and refunds (Updated 28 August 2020), Payments for future services, help me. Really unsure of the strength of my position. Thanks
  12. Hi I'm after some help with trying to get my wedding car hire deposit returned. I'll provide a bit of a chronological background to try and keep things clear. January 2020 - Began booking church, venue and other services for our Wedding for 29th May 2021 - 100+ guest during the day, and 200+ on the night. 25 Jan 2020 - Attended Exclusive Wedding Cars (EWC herein). Booked and Paid deposit for 1 Beetle and 3 Camper Vans = £400. Corona came along and we were in and out of lockdowns. Competitions and Markets Authority (CMA) brought out some guidance for Wedding Services 7 Sept 2020. In mid January, we got back in contact with EWC via text, expressing our concerns over the wedding and Government imposed Public Health measures(we were currently in lockdown and no idea when things would return to normal), and that we were looking to move the wedding forward 1 year. 3 Feb 2020 - Emailed to cancel our Wedding date of 29th May 2021, after text had been sent and Steve replied asking for it to be sent via email. We asked if 28th May 2022 was available. 5 Feb 2020 - EWC replied to say they could not fulfil our new date due to other commitments. 7 Feb 2020 - We replied that we would have to cancel our booking with EWC, but would be in touch if dates changed again. 22 Feb 2021 - Government published Guidance (Roadmap out of Lockdown) - Stated, “Not before 17th May…Up to 30 people will be able to attend weddings…”. *Note again our wedding was for 100/200+ guests at the Stadium of Light, so not reasonable to have the same venue for 30 people. 5 Jan 2022 - Called and spoke with Steve to see if they had any availability (any cars at all) for our date. He was driving and so couldn’t confirm. Exchanged some texts on the same day to which he replied in the evening, that they had nothing, but to keep in touch due to cancellations. 15 Jan 2022 - Started an email thread asking about deposits and their return. EWC went straight on the defensive saying we wouldn't be getting it back and we should check the contract. We asked for a copy as we were not given a copy when we booked. 17 Jan 2022 - Emailed to ask for the return of our deposit. EWC replied that since we cancelled within 4 months of the wedding date, they now wanted the remaining balance of £850, and we should check the contract. We asked for a copy of the contract again, and that we would seek legal advice. EWC replied with ever increasing sarcasm, saying we would receive notice demanding the remaining balance of £850 in the post. I replied that if they didn't supply a copy of the contract I would send them a SAR. 20 Jan 2022 - Sent a letter via Post and email, asking EWC to reconsider their position. We stated we believe the contract to have terms that would be deemed unfair terms that were not clear; there is a ‘Significant imbalance’ concerned with the parties’ rights and obligations, which can be seen as disproportionate financial sanctions; their ‘Terms and Conditions’ appear to seek to remove the consumers rights, while removing their obligations, but allowing them to make an unjustified windfall gain. We also stated that we believe the guidance and statements by the CMA, suggested that since the wedding we had planned couldn't go ahead (we'd be breaking the law with the numbers we wanted) on our planned date, and that a reasonable person wouldn't expect the wedding to go ahead when we cancelled the date, that we should receive a full refund as they were not out of pocket. We gave EWC 14 days to respond...it took them 6 hours, refusing our request while coated in lashings of sarcasm and arrogance. I'm guessing my next step would be Letter before Action? Any help much appreciated. Attached is the "Contract" - removed the signatures, but you can see the whole contract. The booking form has no Ts&Cs or costs of any kind, just addresses, personal info and the vehicles. EWC-Contract.pdf
  13. At the moment I'm totally financially embarassed and unable to pay my NRAM mortgage. I've sent god knows how many letters, and a SAR (which they haven't completed or if they have is missing the 'contract'), and spoke to them on the phone when they're chasing payment, to the effect that I will not be paying the mortgage, until they have provided satisfactory responses...but apparently they are desperate to talk to me and haven't heard from me! There isn't a LPMPA1989 s2, compliant contract. Also, Treasury minister Yvette Cooper discovered to her dismay that Northern Rock didn't own half its own mortgages: up to £50billion had been hived off to a Jersey-based company, Granite, registered as a charity benefiting Down's syndrome children in the north-east of England. The arrangement was sanctioned at the highest levels of the company. Northern Rock faced a Charity Commision Investigation. Granite is used by the Rock to securitise its mortgages. The Rock sold half its mortgages to Granite between 1999 and September 2007. The Granite trusts were not owned by Northern Rock, but were nevertheless controlled by the bank. This meant the bank could include the billions of mortgage assets on its balance sheet - making it appear that much bigger and more profitable - while having no direct responsibilities to the bond holders who bought the securities backed by those mortgages Until I have got the means to pay, I intend to fight every step of the way, citing no enforceable contract, and the fact they have been paid in full in securitisation and have no standing; and that the actual process of the mortgage/loan facility is a fraud.
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