Jump to content


Registered Users

Change your profile picture
  • Content Count

  • Joined

  • Last visited

Posts posted by mrpenguin

  1. Hi there, seeking advice of the legal variety...


    Over a month ago now,

    Virgin Mobile called me as an existing customer to try to upsell me a new phone and tariff.

    After discussion an offer was made that was too good to decline.

    A new S8 and suitable tariff for £29 per month over the period of 24 months.


    The offer was made of two parts,

    a loan for the device at £25 per month and the tariff of £4 per month.

    At the end of the 24 month period, I would just be paying the tariff of £4 per month.


    I was pleased with this offer and accepted.

    I confirmed the offer several times and each time it was verified by the representative.

    On the basis of the offer made and accepted,

    I agreed to undergo a credit check for the purpose of the loan part of the offer.

    The credit check was duly scored and passed.


    The representative advised I would receive three emails, the first relating to the credit agreement.

    I was instructed to click the link in the email and accept the terms of the credit agreement at which point the device could be dispatched.


    While on the phone still to the representative the first email arrived but it contained details of a credit agreement for 36 monthly instalments, not the 24 agreed. I raised this with the representative who ultimately advised that the offer made still stands and that I should proceed and accept the credit agreement.

    I advised that the agreement is wrong and so that a new one should be sent.


    The call finished and I waited for a corrected agreement to arrive.

    But it did not.

    No further emails arrived.

    Only two text messages advising that I had upgraded and that my tariff.


    I called Virgin Media the next day to query the agreed sale and after discussion with that advisor, I requested a complaint be made.

    The advisor stated I would be contacted within 48 hours about my complaint.


    In the following 5 days I received no contact from Virgin (only other than to chase why I hadn't signed the agreement).

    I then wrote to them laying out the situation and my complaint asking them to honour the offer.


    No response had been received to that letter

    I wrote another advising that I demand they remove the credit reference score they made from credit agency records, which has still not received a response.


    It is clear that Virgin have no intention of addressing his complaint.


    The issue for me is that they have performed a credit check against me based on a mis sold product.

    That credit score needs to be removed.


    1) how do I go about getting this done?


    2) who can I complain o to ensure Virgin are exposed for this practice?




    Mr P

  2. Hi there


    I recently took up Sky on an offer regarding SkyQ. This included a main 1TB box and a smaller mini box.


    In short:

    In the initial call making me the offer (retentions team) there was no mention of a fee for multi-room services.



    I raised a complaint about this to which I requested the call to be listened to.

    I was told subsequently that the call was listened to and the monthly fee was mentioned.

    I then made a SAR and got a copy of the call recording and system log notes.


    The call contains no mention of the multi-room fee.


    So in short I've been lied to and have proof.

    Is this fraudulent - I think it is?

    ("deception intended to result in financial gain")


    If this is fraudulent, should I report this as a crime?


    Mr P

  3. Hi Mr P

    I was going to suggest a small box or sign on the right of your drive(on your proerty) would probably help your visibility problems, but it is such a pretty road it would seem a shame to paint on the road or hang signs up, perhaps Michael is right.



    I think a small sign on the fence advising not to park on the bit of land may be needed but I'm not sure how effective it would be. A suggestion that has been talked about between myself and another neighbour is to place some kind of raised object on the strip of land to prevent a car pulling onto it. Even one of those metal posts maybe that can be leaned down or locked vertically?



    Mr P

  4. There is really not a lot you can doif your car is not in your driveway anyone can park across

    Surely if anyone drags there Wong mirror across the fence they would have damage to there vehicle

    As there car is potentially the second most valuable asset they have after a house

    They need to shake there head




    If the drive is blocked, local authority do have the power to issue a PCN. They have advised this. If a car is not on the drive it makes no difference. What about access to it?



    When their wing mirrors are scarped across the fence it does both mark the fence and their mirrors. I would like them just not to do it!

  5. Rather than contact the council to see if parking tickets can be issued

    Talking to neighbours may be a better approach you have to live there


    The amount of people who ask me why I am parked outside there house LEGALLY when I am working I fail to see there problem MOT in place tax insurance all that happens is I do paperwork in van after the job something I would normally do when get home saving me time at the end of the day


    Sometimes it is better to live and let live


    I've no issues with people parking on the road, as I mentioned. The obstruction of my drive and the damage to my fence is the issue.


    I've no interest is causing any arguments or conflict. I've not said it's my neighbours, they all park fine.

  6. Hello there.


    If the strip of land is yours, it would normally show on your deeds. Have you checked with the Land Registry?




    Hi HB ,


    When I look at the map from the land registry, the property boundary goes to the road, there isn't any marking to show the strip in question as being separate.


    Mr P

  7. Hi CAGgers,


    Help & advise needed on a parking issue. It has two parts to it.



    My property has a drive way to the rear which connects directly to local authority maintained road/cul-de-sac.


    The boundary of the drive and road is marked by what can only be described as stones in the ground. The drive, stones and road are all on the same level (so no dropped kerb access) just an easy roll across the boundary to access.


    At the same time, parallel to the drive is my rear garden which has a fence on 3 sides. So the fence separates my drive and garden, the road and my garden and my neighbours drive and my garden.


    On the section where the road and garden meet, as mentioned they are separated by a fence. Running between the fence and the road is a small strip of land about 15-20 inches that appears to be a continuation of my drive. When you look from above, it looks like an L shape and it constructed of the same materials as the drive. The attachement of old pic shows the rear of the property and hopefully my description makes sense.


    The first part of my problem is that cars are parking with their wheels overhanging the stoned line and on this strip of land. It may sound petty but it annoys me for a few reasons. Mainly because cars that have parked on the section have scraped wing mirrors on our fence and it also leads to the second part of my issue.


    The second part is in relation to being able to access and exit the drive without needing to turn left off the drive to the end of the cul-de-sac, perform a multi-point turn then get out of the road. You may note that at the entrance to the drive there is a 45 degree angle to the fence which it there to enable easy turning on to and off from the drive. Cars that park on the strip of land invariably overhang the angled section meaning it becomes redundant (hence turning left off the drive instead of right for a direct exit).


    For the second part of my problem, I am in discussions with the local authority parking management people to see where I stand with regard to any obstruction as I'm hoping a PCN can be issued if the parking is deemed to be an obstruction of access.


    For the first part, the local authority have advised they do not own the land and so at this stage I'm assuming it is mine. So, how can I prove 100% its mine and that being the case, what are my rights and course of action for people parking on what would be my property? Private PCN? trespass?


    I would like to state that I am in no way wanting to stop people from parking parallel to my fence, as long as they do so on the road. I just want my access to be unrestricted and people not to park on my property.


    If the strip of land is mine I will also at some point have it resurface when the main drive is done.


    Advice and guidance would be greatly appreciated.


    Mr P

    Rear of Property.png

  8. Just to update - it turns out my wife didn't change the V5 details when we moved so the original PCN went the old address. Ironically it was about 10 days after our mail redirect expired. The new occupants passed any mail to our old neighbors who passed it on to us after we checked. So considering they had the wrong address originally and subsequently had to send a 2nd notice after checking where we did live, it is considered reasonable diligence.


    Subsequently my wife has since attended a driving awareness course :-)


    Thanks all for you input.

  9. Hi there,


    Looking for advice on how to handle & respond to the following:


    Received NIP today 10th March 2016, the NIP was dated 9th March 2016 with the alleged offence occurring on 13th December 2015.


    Offence was 41 in a 30 zone.


    The wife was driving at the time.


    The wife has been the registered owner/keeper for about 4 yrs.


    The vehicle and plate have been registered at the current address for over 12 months.


    I've seen comments and advice about NIPs needing to be served within 14 days of the offence, which this is clearly outside, but what I wanted to know is what is my/wife's positon here, who should we write to and what should we say


    Many thanks in advance for any help :-)


    Mr P

  10. Hi Stu007, yes they are listed but unfortunately CQC do not deal with complaints or these types of problems. They only look at issues that they find upon inspection.


    As an aside the items being thrown over made me take more notice in what was occurring at the property and as such I observed things which I would consider to be poor care & supervision. Just for example a lit BBQ being left with only the vulnerable adults in attendance, one of the adults trying to smash a window with his elbow for about 10 minutes and no one coming to stop him. These observations were shared with the local authority & CQC but no action it appears is being taken. I did begin to question my sense of perceived acceptable levels of care - maybe they are too high!

  11. I have some ongoing issues with a neighbor over things being thrown into my garden but not to muddy the waters that is in a separate thread.


    The same neighbor also has 4 trees in their garden which 'had' branches overhanging their boundary fence. I pruned the overhanging branches and returned the clippings.


    An allegation has been made to say that I have pruned parts of the trees that are beyond the boundary fence.


    I was invited by the police to come in for a chat and so I did that today.


    The short story is that I was presented with a picture taken in the month when I pruned the trees (August). It was pointed out to me in particular a couple of branches that are no longer present.


    The allegation is that I must of cut them.


    I confirmed I pruned the trees to the extent I stated above, but state I did not prune them as alleged. There are no witnesses to state they saw me pruning the trees at all, only my admission of what I have stated. There are a couple of statements from people associated to the property to say that they did not do it.


    All fingers are pointing at me.


    To add some more colour, I recently wrote about the property to local authorities in regards to observations of poor care and supervision within the property (it houses vulnerabel adults with learning difficulties) with a copy of the letter also sent to the property. In a possible coincidence, this was a 2nd of x2 allegations made about me within a couple of weeks of them receiving the letter.


    I'm now awaiting the outcome to see if there will be 'no further action' or the matter would go to court. I must admit the whole experience was horrid and basically the officer who spoke to me kept saying "it was you wasn't it?" - he wasn't so much as questioning but telling me.


    I'd appreciate any insight to the possible outcome given the information I have provided above. I must admit I am worried as my confidence in the justice system is not high but aside form anything else, as far as I can see any evidence is circumstantial?


    Regards MrP

  12. I've received information today confirming that the care company are managing the property. As previously I advised of trespass as the action which will change, I'm going to issue a letter advising of the nuisance and how I perceive their duty of care to be negligent. Can I retrospectively state that I have already allowed a reasonable time frame for them to address the issues and respond or do I need to set a new time frame as the action has changed?

  13. Hi there, thanks for the recent inputs.


    The care providers website advertises the property in question as states the following:


    "[address]...is a supported living service, comprising of two houses, with accommodation available for [number] individuals under a private tenancy agreement."


    From this the rent is collected by the landlord and not the care provider, although the care provider it would seem are responsible for all aspects of care.


    So from what you have said, am I only able to direct a claim of trespass only against the residents and not those who are responsible for their care - i.e. the care provider - but negligence can be direct to the care provider?


    I am slightly confused but want to be clear which element I should direct towards whom to ensure I get the best net result. I think a claim towards a resident is not morally correct and wouldn't want to do this.


    Thanks, MrP

  14. After a bit more investigation, the property is owned by a couple. The same couple (or at least one of them) runs the care company (they also both run a training firm which it seems actually recruits workers for the care facility). So the landlord and care provider are the same person/people - does it make a difference if they are not the same legal entity, i.e. the house registered to the owners as individuals or to the business they own?


    All in all, the relevant parties are entirely aware of the situation as care providers and also landlords.


    Should I therefore address the claim to the care provider, who in my opinion are the negligent party (if that is the applicable term)? If I need to address the matter to them as landlords (although they are already fully aware) I'm not sure what this would achieve having ignored/failed to act for 2 years already. It is unfortunate that the residents could not necessarily respond positively to a threat of eviction or warning on their behavior.


    More rubbish again yesterday and 10 weeks away from baby no2, I need to act now :-(

  15. Hi there,


    Many thanks for the additional comments and feedback. I hand delivered the updated letter just the other day and received an acknowledgement letter back. Interestingly the acknowledgement stated that the residents were in domicile care, and after a little further research it seems all residents are renting a place in the property, with the organisation responsible for coming into the property to provide their care. Would this impact who I direct a claim to - the care provider or the property owner?


    The response also said that I would receive further communication in due course but nothing has been received as yet.


    Unsurprisingly I received some more rubbish over the fence yesterday and so I do need to now go ahead and submit the claim - could you advise me on the advise question?


    Many thanks


    Mr P

  16. Hello All,


    Please see below my draft notice/LBA to the management of the care facility - any comments, feedback etc all very welcome.


    From approximately the middle of 2012 (circa June) until the current date, the residents of [address] have been throwing various items into my property.


    These items include, but not limited to;


    Soiled medical dressings



    Plastic bags & sheeting

    Plastic straps, pipes & tubes

    Plastic bottles, cups & containers

    Metal clips & fastenings

    Metal bin lid


    Members of your staff have been engaged on several occasions to request this to stop. As a result 2 local authority groups had been contacted in an effort to encourage you to take some action. To this date, the local authority groups have been unsuccessful in encouraging your organisation to put in place reasonable measures to prevent items being thrown into my property.


    From my understanding, the residents of [address] are in residential care which is the responsibility of your organisation [organisation name]. I fully appreciate that it may be difficult or take a great deal of effort to provide appropriate levels of care for the residents; however your organisation also has a responsibility to ensure that it does not impact or detriment others by its actions or inactions. As such your organisation must take reasonable steps to fulfil this duty.


    I believe it has been highlighted to you, and I will reiterate here that some of the items that are thrown into my property are considered dangerous, especially if they struck someone, and also if they were to be handled by the wrong person. It is my primary concern that my son, who was 2 years old when items began to be thrown across, may indeed be injured by these items. I am deeply upset that you do not share any such concerns towards others and do not show any signs of consideration allowing matters to continue for two years now.


    Items that have been thrown into my property have been collected and disposed of appropriately at my personal expense. Also including time & effort. I must state that having to scrape marmite sandwiches from my son’s garden toys and pick up soiled medical dressings is not pleasant.


    For a limited time, some items were photographed and recorded (also visibly witnessed), and subsequently shared with the local authority groups in an attempt to encourage you to take action, but alas this has not yielded any result.


    AS of the date of this letter, if any further incidents of items are thrown into my property I will begin a County Court action for trespass and shall give you no further notice.


    If you wish to liaise with me to help facilitate the prevention of items coming into my property (i.e. to gain access to my property to raise your perimeter fence, or discuss an appropriate height for this), then please write to me at my address as given.


    Kind regards


    Mr Penguin

  17. Hi there,


    Thanks for the inputs.


    As is stands, x3 members of staff have been challenged about things coming over (no action taken), and there has been contact through x2 local authority groups (the learning disabilities team & ASB team) both who are, they say, unable to do anything.


    I have no doubt that any letter will be ignored, however if it is a requirement then I will send one. At least this way it will set out an uninterpreted chronology of events including the issues. I should try to avoid emotion in the letter I guess to avoid it becoming personal, but stay factual.


    I'll draft this and send out soon.


    I do happen to have a bag full of items already that I have been collecting since last year!


    Thanks all,


    Mr P

  • Create New...