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thoughtcriminal

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About thoughtcriminal

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  1. This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  4. Nice one Make sure you post back with their letter! Of course if you actually use the electron card in the meantime it might mean you've accepted their terms. Still, I'm looking forward to reading their response!
  5. Lucky we've got a damn strong case on the legal issues then
  6. Cheers There are actually people called process servers who spend their lives finding people and serving papers on them, then charging lawyers £250 for the service! Literally, they see the person coming out of a building, go up to them, and catch their attention by saying "Mr. Bloggs?" Obviously Mr. Bloggs is taken off guard by this, so he turns round, confirming to the process server that he's got the right man. Process server thrusts an envelope into his hand, says "This is for you," and promptly walks off before Mr. Bloggs has realised what's happening. As far as recorded
  7. Cheers There are actually people called process servers who spend their lives finding people and serving papers on them, then charging lawyers £250 for the service! Literally, they see the person coming out of a building, go up to them, and catch their attention by saying "Mr. Bloggs?" Obviously Mr. Bloggs is taken off guard by this, so he turns round, confirming to the process server that he's got the right man. Process server thrusts an envelope into his hand, says "This is for you," and promptly walks off before Mr. Bloggs has realised what's happening. As far as recorded
  8. You might be legally better off posting the letter or just physically leaving it at the branch than you are trying to prove it's been received. Civil Procedure Rules, Part 6 [paraphrased]: A document may be served on a company by first class post (6.5(4)(a)) at its principal office (meaning its head office) or any place of business of the company which has a real connection with the claim (e.g. the account at which you hold your branch. Technically, you can't just leave it at any old branch). If you do this, the document is deemed to be served on the second day after you posted it (C
  9. You might be legally better off posting the letter or just physically leaving it at the branch than you are trying to prove it's been received. Civil Procedure Rules, Part 6 [paraphrased]: A document may be served on a company by first class post (6.5(4)(a)) at its principal office (meaning its head office) or any place of business of the company which has a real connection with the claim (e.g. the account at which you hold your branch. Technically, you can't just leave it at any old branch). If you do this, the document is deemed to be served on the second day after you posted it (C
  10. You seem pretty dismissive of all my points, and your post comes across as very negative. Sorry if that wasn't your intention. To answer the points you raised: Library fines - these are less than liqudated damages (50p or whatever against them not getting a book back that costs £20 ?) They aren't losing the book, which costs £20, for ever. If they were, obviously they could charge you £20 as damages. Most library fines are for them losing the book for, say, 2 days because you've brought it back late. As libraries are non-profit making organisations, they can't claim to have lost any
  11. You seem pretty dismissive of all my points, and your post comes across as very negative. Sorry if that wasn't your intention. To answer the points you raised: Library fines - these are less than liqudated damages (50p or whatever against them not getting a book back that costs £20 ?) They aren't losing the book, which costs £20, for ever. If they were, obviously they could charge you £20 as damages. Most library fines are for them losing the book for, say, 2 days because you've brought it back late. As libraries are non-profit making organisations, they can't claim to have lost any
  12. I've been thinking about this for a while. Obviously the Penalty Charges regime doesn't simply apply to bank charges. It applies to any service where the company providing the service charges you a higher fee when you break the contract that it would normally do when you were acting within the terms of the contract. Potential uses: - Library fines - Video shop late fees (although if they simply charge you the same price for another night's rental, it wouldn't be caught). - University fines (e.g. £25 for taking food into the library) I'm not sure whether library and un
  13. I've been thinking about this for a while. Obviously the Penalty Charges regime doesn't simply apply to bank charges. It applies to any service where the company providing the service charges you a higher fee when you break the contract that it would normally do when you were acting within the terms of the contract. Potential uses: - Library fines - Video shop late fees (although if they simply charge you the same price for another night's rental, it wouldn't be caught). - University fines (e.g. £25 for taking food into the library) I'm not sure whether library and un
  14. There are a few important differences: The Small Claims Track is fairly informal, and most of the Civil Procedure Rules don't apply. It's designed for people to be able to do themselves, without needing to pay a lawyer. If you have a claim of between £5,000 and £15,000, you will be allocated to the Fast Track. This means you have to comply with the Civil Procedure Rules, which can get pretty complex - the White Book, the copy of the Rules which lawyers use, is 2 inches thick and in small print. It's not the kind of thing that I'd fancy wading through without legal training. You really
  15. There are a few important differences: The Small Claims Track is fairly informal, and most of the Civil Procedure Rules don't apply. It's designed for people to be able to do themselves, without needing to pay a lawyer. If you have a claim of between £5,000 and £15,000, you will be allocated to the Fast Track. This means you have to comply with the Civil Procedure Rules, which can get pretty complex - the White Book, the copy of the Rules which lawyers use, is 2 inches thick and in small print. It's not the kind of thing that I'd fancy wading through without legal training. You really
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