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Vauban

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Everything posted by Vauban

  1. Good for them. But acting in what? Unless and until they make an application for a set aside - which they could have done at any time and yet oddly haven't - there's no case. There's nothing in what you've told us that gives obvious ground for a court to agree a set aside and frankly the longer they leave it, having been aware of this for quite some time now, their chances of success become even smaller.
  2. US consumer protection for flight delays/cancellations is notoriously poor. As stu007 says, the (much better) EU Regulations don't apply in this instance (because the delayed flight didn't leave from an EU airport, or was on an EU-headquarted carrier - only one of those criteria need apply). Even if youd booked with BA, this wouldn't matter: it's the airline operating the flight that counts. You might get some airlines with Eagle Star at best.
  3. I agree that this is bizarre behaviour. I cannot see how they could reasonably get a court to agree a set aside - unless it was by mutual consent. If you don't agree, I don't think there's anything else they can do. Certainly don't be intimidated by any suggestion that they can re-litigate, by making you the defendant in a separate action to recover monies paid under the Court Judgement. That would be kicked out as an abuse f process. In terms of handling, I would tell them a) that you do not agree to a set aside; and b) that any future communication should be in writing, and you reserve the right to share these letters with third parties, including the court. I bet you'll never hear from them again!
  4. I'm very surprised to learn that Barry is a barrister - I always assumed he was a Cardinal.
  5. But the case hasn't been settled - it's been won, with a clear judgement. Why would the OP agree to a formal set aside now? Simply no need. (Companies sometimes do this, I understand, since they have to declare in annual reports to shareholders instances where they've lost in court. You got your judgement, the HCEOs collected your money, your job is done.
  6. I too thought that the sofas looked the same (except the cushions) but good they agreed to take them away.
  7. Many thanks. Copied my complaint to the CEOs office and got a call the following day. Resolved swiftly (as it should have been). Talk talk saye the problem is their systems don't allow for the customer to offer notice more than 30 days out from end of contract. But as they require at least 30 days notice, this seems to be to be a nice little earner - with everyone paying for an extra months extension unless they remember to cancel EXACTLY 30 days before end of contract.
  8. Been a customer with TalkTalk for a fair few years, and have three phone contracts with them. One of these expires next month, and I've decided is surplus to requirements. Though I would get in touch today to let them know I won't needed it renewing. Well that proved to be harder than I anticipated ... My complaint below, and the online chat exchange with Sharon, gives all the details. Sir/Madam, I contacted TalkTalk this morning via online chat to give notice that, when my mobile contact for sim 07xxx xxxxxx expires next month (18th March), I do not wish for it to be renewed. The TalkTalk representative however was unwilling to accept this notification, and said that I would have to call back in four days time. Otherwise, if the request was processed, I should be liable for early termination fees. As a busy professional, I do not have time to chase this up again and do not understand why you are insisting I should. Your terms and conditions stipulate that I need to give 30 days' notice of my decision, and I am giving 34 days. The exchange is reproduced below. My suspicion is that insist on this because some people will not call you exactly on the thirtieth day, and you can then charge for an extra month. I hope this is not the case. Regardless, I wish to: a) complain about the unhelpful experience I received today; and b) formally put you on notice, again, that when my contract expires next month then I do not require it to self-renew and expect it to cease. I have been a loyal TalkTalk customer for a good many years, but my experience this morning has done nothing to endear me to your company. Yours, Me TRANSCRIPT Info at 9:28, Feb 12: You are now through to Sharon. How can I help you? Me at 9:28, Feb 12: I would like to cancel one of my phone contracts please Me at 9:28, Feb 12: Contract ends next month Sharon at 9:28, Feb 12: Hi, Martin. Sharon at 9:28, Feb 12: I am sorry to hear that, however I will assist you with regards to the cancellation. Me at 9:29, Feb 12: Thank you Me at 9:29, Feb 12: The number I am cancelling is 07xxx xxxxxx Sharon at 9:30, Feb 12: May I ask the main reason you are looking to cancel your account. Me at 9:31, Feb 12: Because I no longer need this phone; I would like to keep the other two accounts live though Sharon at 9:32, Feb 12: Okay. Sharon at 9:32, Feb 12: Is there any one at home that can use the SIM? Me at 9:33, Feb 12: The contract expires next month and I would like to cancel it for then - is that a problem? Sharon at 9:34, Feb 12: We need 30 days notice to cancel your account. Sharon at 9:35, Feb 12: Your TalkTalk mobile services will be cancelled thirty days from today, and you’ll continue to be billed until this time. Once they’re cancelled on 14th March you won’t be able to use your SIM anymore. Sharon at 9:35, Feb 12: You’ll get your final bill as normal may contain an early termination fee, which is determined by the length of your remaining contract. Any subsequent bill will confirm any remaining credits or balance owed. You’ll lose your mobile number. Please don’t cancel your Direct Debit. We’ll do this for you once your final payment has been taken. If you cancel it, you might incur a fee. These changes will be reflected in My Account within 48 hours. Me at 9:35, Feb 12: Well then I would like to give notice that this be cancelled at the end of the contract - on the 18 March Me at 9:36, Feb 12: That's 34 days notice! Me at 9:36, Feb 12: I don't expect to pay any fees. Sharon at 9:37, Feb 12: You will need to contact after 4 days from today. Sharon at 9:37, Feb 12: That will be the 16th February 2017. Me at 9:37, Feb 12: I don't understand - I am giving you notice that I want to leave on the 18th March. I should not have to contact you again on the 16th. Me at 9:38, Feb 12: If you cannot process this simple request, please put my through to your supervisor. Sharon at 9:38, Feb 12: The system does not allow to choose a specific date, Martin. Me at 9:39, Feb 12: Then please be advised that when my contract expires I do not wish for it to be continued. Sharon at 9:39, Feb 12: I can log a formal complaint for you and a manager will contact you within 24 to 48 hours to discuss the issue. Sharon at 9:39, Feb 12: We need 30 days notice to cancel your account. Me at 9:39, Feb 12: I am giving you more than 30 days notice Sharon at 9:40, Feb 12: Okay. Sharon at 9:40, Feb 12: Your TalkTalk mobile services will be cancelled thirty days from today, and you’ll continue to be billed until this time. Once they’re cancelled on 14th March you won’t be able to use your SIM anymore. You’ll get your final bill as normal may contain an early termination fee, which is determined by the length of your remaining contract. Any subsequent bill will confirm any remaining credits or balance owed. You’ll lose your mobile number. Please don’t cancel your Direct Debit. We’ll do this for you once your final payment has been taken. If you cancel it, you might incur a fee. These changes will be reflected in My Account within 48 hours. Me at 9:40, Feb 12: It is absurd if you say that I must call you exactly and only o the 30th day before Me at 9:41, Feb 12: I would like your confirmation that there will be no "early termination fee" Me at 9:41, Feb 12: As I am not terminating early - just asking my contract not to be renewed. Sharon at 9:41, Feb 12: I am sorry, Martin. however you will be liable for the days remaining on your contract. Me at 9:42, Feb 12: That is not acceptable to me. Sharon at 9:42, Feb 12: I will log a formal complaint for you to escalate the issue. Me at 9:42, Feb 12: Thank you. This is very poor indeed. Me at 9:43, Feb 12: What I am asking for is not difficult - to leave contract at the end of its expiry next month. Me at 9:43, Feb 12: Please record that I have asked for this, and you have said it is not possible. Sharon at 9:45, Feb 12: I have advised that as you have contacted us today to cancel your account, I can place a cancellation for you on the 14th March which is 30 days from today. However you will be liable for the days remaining on your contract. Sharon at 9:45, Feb 12: Should you dispute this, I will log a formal complaint for you to escalate the issue. Me at 9:46, Feb 12: I have asked clearly for the contract to be cancelled when it expires next month. I should have no liability for that. Me at 9:47, Feb 12: You are making this needlessly difficult. Me at 9:48, Feb 12: If you cannot process this request (and it is unclear why you are unable to do so) please ask a manager to get in touch with me. I will also engage TalkTalk on twitter to make my concerns clear. I didn't think this was such a difficult request, but it feels like I slipped down the rabbit hole! I assume this whole process, where you can only give notice exactly thirty days before the contract ends and not a day before and after, is so they can charge you for an extra month at the end of the contract. Pretty poor show, in my humble opinion!
  9. Banned from all Tescos for one error with the self-scan? That seems either heavy-handed or not quite right. Never had any issues with them before?
  10. I wonder if there is no credit card provider liability in this situation - where the goods sold, as it were, are not as described? [bTW: On the Ryanair point, passengers can still happily use the European Small Claims Procedure - Ryanair's nonsense is just hot air. The question of jurisdiction came before the European Court in 2009 - in Peter Rehder v AirBaltic - and the ECJ was very clear that the passenger could choose to pursue a claim in the courts of the country of departure or arrival for the journey concerned.]
  11. No - your contract with the airline is to get you to the airport. The absence of public transport at that time - or any other consequential losses caused by the delay - are not covered by Regulation 261/04. Claim on your travel insurance.
  12. Just to be clear, Regulation 261/04 which covers flight delay compensation covers all airlines leaving a EU airport (but only European airlines flying INTO a EU airport). So you definitely do have the protection in this case. The Regulation (and subsequent case law) says you are entitled to duty of care (i.e. meals), as well as compensation - provided the delay wasn't caused by "extraordinary circumstances" - which are generally defined as events not "inherent" in normal airline operations (plus weather and ATC restrictions). So you need to know the cause of the delay - what does the airline say? The amount of compensation is generally fixed by distance (rather than duration of delay). But in the case of flights (like this one) over 3500km, it is: €300 per passenger for a delay of 3-4 hours, or €600 for a delay of 4 hours or more. Delay is measured by doors open at destination - not take off at departure. If you have a claim and the airline fails to play ball, the small claims track is a relatively simple way to get them to pay up.
  13. I love pork scratchings, but I don't go on about it on a consumer support forum and make myself look like a saddo. Just saying.
  14. Difficult to be definitive without seeing the emails, but I think the facts as you describe them here probably do constitute fraud by misrepresentation. I'm afraid I don't buy your son's explanation that he thought the email was from [problematic]: who would send their bank details willingly to fraudsters? And once it was clear that a payment had been made, your son should have realized this was not a [problem]. He knew the money being paid to him was not his, and having failed to act up to now, it looks like he's seeking to profit from his fraudulent. So: come clean proactively with the company and pay them the money. And hope they do not report the crime and seek to press charges. Does raise one question though: did the genuine beneficiary not realise that they weren't getting their money? Weird!
  15. As you still haven't posted up either your original Particulars of Claim or their Defence in response it is hard to say. But if their Defencelargely consists of an absolute and categorical denial of the incident, then mediation is unlikely to be appropriate. I'm afraid I still worry that your case is weak in law, even if the facts as you describe them are largely accepted by the Court. But I am not a lawyer, so I have no qualification to opine with authority! Can you post up the documents requested, which might help to get a better informed view?
  16. I think this is all very difficult, and can only reiterate the need for legal advice. Having a neighbour aggressively proposition a potential buyer with stories of leaking septic tanks may not come even close legally to the notion of frustrating a contract through unlawful means - I really have no idea, and there will be very few people on here who could give you a clear view. You could post up your particulars of claim and the defence received and maybe those of a more legal bent can give you a quick steer?
  17. "It's £25k for small track, then?" No, the limit for small claims is £10,000, as I wrote in my post above. So if your claim exceeds this, you are going to be exposed to the other side’s legal costs if you lose. Indeed, having started a legal claim you are potentially already liable for their legal costs, even if you discontinue. You will need to explain how you account for losses of £25k. Your economic loss cannot by £375k, if you still own the house. And if you had a mortgage, then the house wasn’t yours in any case. You are still at liberty to resell it. Even if you can demonstrate that the defendant has caused you a loss, you need to be really clear about how much they have actually cost you – bearing in mind you could sell the house subsequently to an alternative buyer. So how much did you really lose by the sale falling through on this one occasion? Unless you can substantiate them with clear evidence (perhaps you can), then making allegations about police corruption or an estate agent taking bribes are not only irrelevant to your claim but also risk damaging your credibility. So keep to the facts that you can demonstrate as true. But my basic point remains that, if you are not able to complete a Directions Questionnaire, then you are definitely going to struggle to manage the rest of this case yourself, despite the help of good people here. Without getting paid legal help or discontinuing the claim, you are risking losing a lot of money indeed if you are on the multi-track. Are you sure your actual losses are not less than £10k, which would allow you to proceed on the small claims track? (I’m still not certain you would have a case, but at least the risks of paying the other side’s legal fees will be minimal.)
  18. I haven't read all of the posts in this thread, but just a word of caution about multitrack claims: unlike the small claims track, you are exposed to the other side's legal costs if you lose. So if they engage a lawyer and win, there's a good chance you'll be paying their fees. I've no idea whether your neighbour's behaviour creates a claim for you in law, but I wouldn't imagine that it is straightforward. So if you're feeling out of your depth, I really would recommend getting proper legal help. And if you can't afford that, consider the merits of continuing down this track. Small claims would be much safer - and LiPs tend to get an easier time, I understand. But I think the claim limit is £10k, which is less than half of your claim, so won't fly.
  19. I assume this is a reference to the Office of the Information Commissioner? I would be genuinely surprised if they told you that there has "obviously" been a breach of the DPA by the solicitor. Can you be clear exactly what they've written to you? But I'm not sure where this takes you anyway. Even if the ICO concluded that there had been a mishandling of your personal data, I cannot see it having any material impact on the substance of your claim. And - to repeat myself from your other abandoned thread - unless you've submitted your appeal, then all this is just bizarre mutual baiting. What is it that you actually need help with?
  20. I think that we are all being required by the OP to speculate on too much, given his reluctance to answer straightforward questions directly. So it is difficult to know how to help: in fact, it is unclear whether we are really being asked for any help at all. But if the OP has not lodged his appeal with the court - in the correct way and in time - then this must all be academic, surely? For what it is worth, I'm afraid - from a genuinely impartial reading of the (admittedly quite confused) thread - I can see nothing that would give the OP any hope that an appeal would be successful, even if he had got around to lodging one. Sorry I cannot offer anything more constructive.
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