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nuclearshark

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nuclearshark last won the day on June 26 2018

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  1. Had the following email from FlixBus. Who now have offered to up the compensation to £900 I suspect they plan to file an appeal for relief from sanctions? Should I let them try it?
  2. Another update. This was the order from the Court during the hearing on 20th September is as follows: Then received a phone call today from FlixBus informing me they'd settle out of Court for around 750.00 Needless to say I asked them if they'd received the latest documents from the Court. No was the answer. So I read out the order and politely declined the offer as the Court had already decided the case. The Representative requested a copy of the Order which I sent to them while I was on the phone. They advised me they'd get back to me on what would happen next... I know alot of them are German Plates. The vehicle I boarded that day was a German Plated vehicle if I remember correctly. But was in their corporate livery as most of their vehicles are. They also own Eurolines if I remember rightly. I'm going to wait till 8th November 2019 to see what they come up with before doing anything further.
  3. Just a very brief but positive update on this one. The Police took no further action as the driver recalled the incident, accepted that he could've handled things differently but denied any wrongdoing. The Police also advised me that no CCTV footage could be retrieved as they DO NOT have CCTV onboard the bus. Whilst they had a manifest they choose not to contact any passengers or advertise for witnesses to come forward and the matter was disposed of with No Further Action. I also have a partial identity of the driver as the Police Officer when discussing what the driver responded inadvertently gave me his last name. FlixBus filed what was the most laughable defence you could make to such a claim. I don't have the exact transcript to hand as I'm currently away but it was along the lines of: Yeah that'll be the buses in FlixBus Livery with German Reg Plates then?? Hmmm... They hadn't reached out at this point at all and it was several weeks afterwards that they contacted me and requested the footage I have taken. I complied with this. Several weeks went by during which the Courts requested our N180 Directions Questionnaires. I submitted mine as well as serving it to the "Legal Consul" contact from FlixBus. The CCMCC ordered that these be filed by 28th August 2019. FlixBus did not file their N180. After this deadline had passed, I was sent an email asking to have a phone call. I replied the same day saying I was not prepared to discuss over the phone but would be happy to consider any proposals in writing. They did not respond. A second email was sent to me again asking when a phone call could take place. I ignored this. Meanwhile I sent the court the following letter: And an order was drawn up referring the case to my local court for a hearing upon notice. This caused me a bit of a panic as this hearing could've taken place during my trip away so I sent the court a letter informing them I would be away and unable to attend a hearing and to request that be taken into account. Which brings us to the good news. My support person opened a letter for me while I was away and it turned out the District Judge had already reviewed the Court Bundle back in September and struck out their defence and awarded Judgment in full of just over £1,400! From their memory, it seems the Judge was pretty scathing of FlixBus defence too! I will make a new post with the exact defence and Judgment on my return next week... As for enforcement... Transfer to High Court and tell the HCEOs where they can find some of their coaches??
  4. Just wanted to leave this local news story here. Again Smart Parking in the same town, but the car park just a little further up the road from where your PCN was issued... https://www.wiltshiretimes.co.uk/news/15710685.driver-hit-by-4000-in-fines/ Shows you how incompetent SP are...!
  5. No they don't have a UK Office unfortunately. However I believe I have found why my Affidavit was defective. It seems the legislation.gov.uk website referenced Article 26 of the Lugano Convention when it should actually say Article 28. So I think I now have a suitable Affidavit to request Judgment outside of Jurisdiction. It probably needs some tweaking. But considering how little information exists on constructing the Affidavit I'm reasonably happy to reattempt a submission.
  6. Ok so some updates on this. I started the process of a Claim a while ago and served the papers on the company by registered courier. They did not file a Defence or Acknowledgement of Service so I requested judgment by way of N244, N225, N215 and Affidavit. Unfortunately the Judge rejected my Affidavit as it was not CPR PD 12.4.3 Compliant and has offered me 28 days to correct the mistake. However I am unsure how I need to amend my Affidavit to begin with, very little is covered on this online. What wording do I need for my Affidavit to make this compliant for CPR PD 12.4.3? How do I explain the Court has the power to hear the case by way of the defendants being based in an EU Member State? How do prove the negative of no other Court has exclusive Jurisdiction? I can easily prove 12.4.3(2)(c) by way of the delivery confirmation, which was included with the Affidavit I used already. Some advice on this one or pointer to where I can find such information would be great! Thanks again
  7. After the company received the Judgment they contacted me for Bank Details and made a prompt payment. So the matter is resolved and the case is WON!! I also discovered the Judgment is listed over on the Trust Online website. I think that's slightly better than if I simply discontinued as it may help others facing any future similar issues with such booking websites they can refer to my case. Thanks again all for your help!
  8. Wow... made a complete hash of trying to reformat this after accidentally hitting post before I'd finished. Post above can be deleted if needed. Then things started to become difficult Obviously I'm not going to withdraw until I receive payment, so I completed N205A requesting Judgment on Admission and including their admission forms they sent to me. I was also mailed a copy of the companies accounts. I'm happy to upload these but I believe they are what is freely available over at Companies House. Sent off the docs to CCMCC and expect to have the Judgment in the next few days. I'm not sure I fully accept they panicked and considered themselves out of time, because they replied to the claim a day before the forms were considered as Served by CCMCC. I think though, that rather than a discontinuance from my side on payment, to get a judgment may be beneficial to others in the future. I'll update this as soon as I have payment or an update from the courts. I'd call this a win!
  9. So an update on this, seems the CCMCC did issue the claim form but didn't serve it because the address was missing on the form. After reviewing my N1 I didn't understand and it seems that the copy / paste from Companies House made the address a c/o address and CCMCC don't like serving to those. So I wrote an email to them which stated the following: This was presented to a Judge who granted the request and the forms were served. I then had correspondence from Loco2 Ltd I did not initially respond to this as I was away with my partner at the time and as I don't get to see her often I keep all admin / gaming community matters to emergencies only. This possibly turned out to my advantage as I received this further response the following day: I responded agreeing to settle out of court.
  10. No not too tough at all, I think I just used a bad way of writing this out. Indeed I'm well versed in CRA 2015 and thought my post would allude to that. But maybe I didn't write it very clearly so my apologies for that there. This was more a documentary style posting than a request for help so I'm sorry for any confusion on that point. I was also more documenting this issue mainly for my own recollection at a later point but also for those who may be told the same in another Three store. I'm sorry if I didn't make any of this clear. The store is Hutchinson 3G Limited or Three as they are better known: http://three.co.uk/ I did a web chat with 3 while waiting for my train home who also confirmed the policy from the store manager was wrong and that it is 30 days to return a faulty handset for a replacement and not 28. On learning this I made the conversation a complaint that I was being given incorrect information on multiple occasions. I had attempted to get this issue resolved in a different store the previous week where they changed the SIM Card for me. CRA 2015 was not discussed at this point and was told if that didn't work then to call 333 from the handset. Again I knew this was wrong but took the replacement SIM card in good faith as it may very well have resolved the issue. Unfortunately it didn't. I then contacted Three again and was palmed off to the manufacturer. The manufacturer accepted my case but suggested me going back to Three under CRA 2015. I today went to assert that right and was told both the manufacturer and Three Customer Service were wrong. I remained calm and asked for proof that I had been in the store today. Manager just gave me his name and I made a note of the time I was there and pointed to a CCTV camera in case a SAR would become necessary if Three tried to suggest otherwise. As it happens I received a phone call after registering my complaint from the lady in the webchat with Three who had spoken with her manager and confirmed the store was wrong, that she could also see I was given incorrect information on a number of occasions and that under no circumstances should the store have given me a document with another customers details on. She went on to confirm that she had arranged a replacement handset was being couriered to my home address next week and that it would be a drop and swap type replacement. I accepted this, Just as I was about to explain the wasted journey costs the agent said she was waiving 1 month bill charges for the inconvenience caused. So seems a resolution is very well on the way. I'll update this as resolved once I have the new handset and bill credit in my hands.
  11. I recently upgraded my 3 Contract to a new phone which developed a problem. I contacted 3 and was initially told to speak to the manufacturer. They advised that as I was in the 30 day period of Consumer Rights Act 2015 to request a replacement that I go to the store to arrange this as it would offer a faster resolution. I agreed with this course of action and went to the store on day 29. Leaving it late admittedly due to health issues. When I arrived at the store the Assistant Manager then gave just about every excuse under the sun about being able to help but because the policy was 28 days not 30 they could not help me. I countered this with CRA 2015 being 30 days and they refused to accept this so I asked for the policy in writing. We both looked on the 3 store website but embarrassingly enough for them it didn't state anything about faulty goods. The actual wording in the contract that I signed says "Refer to three.co.uk/returns" for the Full Policy which doesn't explain anything about replacement faulty goods. I know why... Because it's the legal requirement of 30 days... Store Manager being adamant the period for returns was 28 days refused to back down I asked him to look up CRA 2015 which they declined saying "It's not my job to know the law" … Of course if you're selling goods and services and are a manager you should be versed in CRA 2015. Realising they weren't getting me to fold my argument they requested a colleague get a copy of the policy from the back room. When they returned it was very clear the document they were about to show me was the signed contract of another customer. Consequently I called this out and said "Don't show me that, that's someone else's personal data" which they seemed to take offence at and said I was just trying to give them a hard time. They went on to justify saying that what they were trying to show me had no personal data despite initials and a signature being clearly visible. I again instructed they take the document away from me. The wording was so small that the only way for me to read it would be to have actually taken the document to look at it. The ultimate irony is that policy in this other customers document would be irrelevant because that's not the document I signed. Realising I was getting palmed off and probably being labeled as toxic I decided to leave, but not before writing his name down and sending off a blunt tweet to 3... Needless to say I'm not too impressed, £16.55 out of pocket for a train ticket, probably going to need to return to the store again and having to put up with a broken phone either for 2 weeks (If manufacturer deal with this) or having to fight an outside 30 day period. Tweet Sent... But not sure how I should approach that GDPR issue... So desperate to prove a point the manager didn't have he throws all regards to another customers data out the window? When does my bad luck ever end...
  12. Hi all, Having a bit of a headache with TV Licensing which I've been trying to sort out for my friend. My friend suffers from various mental health issues, is in receipt of benefits and has trouble managing their finances. They recently had a letter from TV Licensing with a payment plan over 4 months for £35 per month. This is completely unsustainable for them, instead they wrote a letter requesting a payment plan over 9 months but still within the same year. They'd pay around £8.00 per fortnight this way on the day they receive their benefits so the peace of mind is there that it has been paid. Today they received a very unpleasant phonecall from them saying they were now unlicensed, that someone would visit them today, they be fined £1,000 and have a court appearance. I know most of that is being very economical with the truth, but that is what was said. Now correct me if I'm wrong, but isn't a fine and court appearance for someone who refuses to pay or deliberately evades the license fee? Not someone who is in genuine financial difficulty so advised TVL as such and gave a repayment proposal they knew they could adhere too? Needless to say they felt very threatened and I got a panic phone call this morning which lead into a vicious argument, which I myself didn't particularly need either. Is there a way that TVL can be 'forced' into accepting the payment arrangement? Or can a deduction from benefits application be made to them?
  13. Loco2 was who I attempted to book the ticket with for travel on . They were also who I booked my actual ticket with for travel on the following day. Their terms and conditions say this - https://loco2.com/en/booking-terms-and-conditions#contract : So I'm inclined to reject that response as they should have sorted themselves out as you rightly say.
  14. Had this response just now: So time to file the claim form? Or should I approach Deutsche Bahn?
  15. Ok sent the LBC. It seems I'm the proverbial guinea pig on this one in this case. Fortunately I am entitled to HWF so my expended costs on this are nil minus time (which I probably have too much of right now) and any potential counter claim. I'll take that chance too. It also saves them being exposed to the same fees I guess too. The bit that annoys me most on this one, is the price for the same train went UP after it was reported. So it seems to me there was a factor here that allowed it to continue. From the other thread, we also know it happened more than once so it plausible it affected someone else.
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