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  1. Hi, I was recently on a flight from Vienna to Gatwick. The distance is 1250km (775 miles). The delay was exactly 3 hours, 4 minutes (184 minutes). Under Flight Regulation EC 261/2004 I am entitled to compensation of 250€ per passenger (2 of us) for flight delays longer than 3 hours. The delay was due to a technical fault. I contacted BA via email for compensation. They responded stating that 175 minutes was due to technical fault, and the remaining 9 minutes was due to ATC as they had to wait for a slot to take off, therefore since less than 180 minutes was their fault, they reject the claim for compensation. My friend, on a different BA flight had exactly the same issue - his flight delayed by 200 minutes, and BA claimed 175 due to technical fault, and 25 due to waiting for ATC to let them go. Suspicious. From my point of view, if there was no technical fault, the flight would have taken off in the allocated time and the delay would have been 0 minutes. The technical fault caused the ATC delay, and therefore the delay is entirely BA fault, all 184 minutes of it. So they should pay me compensation. Also, does "ATC waiting for a takeoff slot" count as "extraordinary circumstances" ? I know an ATC strike, or ATC staff shortages may do, but there is nothing improper or out of the ordinary about the operation of ATC at this time - it is entirely correct operation, they are just waiting for the next free slot because obviously they cant just let a plane go immediately when its ready, so there will always be some kind of delay here, so how can it be classed extraordinary? It seems there is a grey area on the Air Traffic Control and airlines can use it to get out of paying compensation. Please can someone give me advice on this? Thanks, Ryan.
  2. Hi, If Landlord owns a building which is split into multi tenancy and another tenant is causing issues leaving rubbish in common areas, load noise, leaving building insecure, Landlord not decorating common areas. Would this give me right to reclaim rent paid?
  3. Hello! I've got into a slight dispute with Urban Outfitters, as I've asked for my delivery cost to be refunded as I returned the whole order and was therefore entitled to it I ordered a t-shirt on 19/11/18 it cost £3.99 for delivery I returned in a branch on the high st on 04/12/18 and was automatically sent a refund email for the t-shirt So I wrote to customer services asking for my delivery back as per the Consumer Contracts Regulations They refused to refund it and when I re-sent my email back they've now responded/ asked: Hi Shelly, Thanks for your reply. Can you please advise if you submitted a cancellation form to cancel your contract with us with in 14 days of delivery? Thanks, Karlie UO Customer Services And the answer to that is 'no' This is the 1st time I've been challenged when asking for delivery costs back, usually ASOS just does it without question. And Silver by Mail apologised and refunded when I asked only earlier this month So my query is - (as I cannot find the answer elsewhere). Is this grounds for refusal to refund as I didn't submit my intention to return? Have they got me here? Thanks
  4. In February I may have inadverdantly used some data in an airport resulting in a bill for around £260. I disputed this bill on the grounds that a safety buffer should have been on my account. TM claim I removed the safety buffer when I upgraded however I dispute this. In an email confirmation I received when I upgraded, there is no mention of the safety buffer at all. Having reached deadlock, I escalated the matter to the Ombudsman. During the course of my complaint, TM terminated my contract as the oustanding balance remained unpaid. I had offered to pay any bills other than that which was disputed however TM ignored this and the total they now claim I owe is in the region of £1600. The Ombudsman have ruled in favour of TM. They say that they cannot prove one way or another whether I removed the safety buffer while upgrading however they think it is more likely that I did. They have offered no rationale for this. I have stated that TM's actions in terminating the contract and billing me for the outstanding value while a bill is under dispute goes against the spirt of offering a resolution service and in fact undermines it. The Ombudsman accept this but have no powers to do anything about it. TM claim their records show I removed the safety buffer. An online order confirmation appears to show this however this was never sent to me and the email confirmation does not mention it at all. There is a data cap which applies to roaming outside the EU. Even without the safety buffer, I do not believe I have ever opted out of this. Finally, TM's mobile states the following: "If you’re not on a Capped contract or have removed your safety buffer We’ll still protect you with a high-usage limit!to stop you running up unexpectedly high bills. This limit varies per tariff but could be !up to! 4 times the cost of your monthly tariff. If you reach this high-usage limit you won’t be able to use your phone until you make a payment. Also, there’s a limit on how much you can spend on data abroad – to help you avoid a scary bill when you get home. You can spend up to £40 on data, but! after that we’ll bar your device, so you don’t rack up any more charges. If this happens, you can call us on 4455 from your Tesco Mobile phone, or call our automated payment line free on 4488 and once you’ve made a payment you can use your phone again within 2 hours. If you’re on a tariff with a safety buffer!then you can protect what you spend by choosing a safety buffer that’s right for you. If you’re happy to spend more than £40 on data when you’re away, call us on 4455 before you go." TM did not apply any bar on my phone after the £40 limit. I think it is clear from the above that, even if TM's contention that I had removed the safety buffer is correct, the bill should still not have exceded £40. The Ombudsman did not consider this final piece of information as it was not available to me at the time. I am looking for advice on how to proceed. My main concern here is removing adverse information from my credit file as soon as possible and obviously I have no intention of paying monies that I do not owe. From what I can gather I may need to take the matter to court but this would also cost me money I would rather not spend.
  5. Hi to all. I am going to try and keep this very simple and brief. I was sent a package/gift by my relative. So it was not a online purchase or any of that sort The item was delivered to my apartment complex via Royal Mail signed for service and was received by the concierge who signed for the item and made a log of my parcel and put in a delivery note via my letter box. However when I went to collect my parcel it had disappeared from a secure parcel room. I am not here blaming the concierge stealing the package all I am saying it just disappeared. I spoke to the building management and put in a formal complaint. I contacted the police also who could not do much at this point as no proof of who took the parcel. I wrote endless letters of complaint to the building management company of my apartment complex. Who ignored my complaint s and never responded. I then did a subject access request for the office log sheets containing the acceptance and delivery of my parcel even then they ignored and after my letter to management stating I will make a complaint to the ICO they sent me the documents. I then wrote to the CEO of the company and yet received no response. I had no choice other than to seek financial claim of my missing item via the small claims court. £ under 5000 claim. So The Small Claims court acknowledges my claim and gave until 1st of October for the defender the building management company to acknowledge and put in a defence to my claim. I rang the small courts/money claim centre on the 2nd of October who said they have received no information from the defendant however they are 5 days behind. i had to wait until 7th to find out if they had received any correspondence. I ring up on the 7th and yes they have not received any information. I sent in via email a request for judgment by default on 7th October, received the confirmation email, but again it takes 5 days for it to go through. The judgment by default was sent as the courts had not received any information from the defendant at this point of time. On the 8th of October I received an email from the defendants solicitor stating that there is no contractual relationship between me and the building management, and my particulars of claim are not clear, (I have been extremely clearly in my claim form) and that the claim is misconstrued and vicarious and that the concierge company is separated and are hired separately and in so many words saying it’s not them and trying to shift blame, followed by giving me 2 options, A)discontinue the claim B) agree to an an extension for the defence to allow them a extra 1 month to put in a defence C) And if I do not agree to a or B the building management company would file for a summary judgment strike out as the claim is vicarious. And giving me a 23 hour notice to respond via email only and to seek legal advice. Note I received the email on the 8th at 9pm and was given less than 24 hours to respond via email only by 3pm on the 9th of October. And the defendant will claim between £2500-£3000 In court costs and legal charges etc In a panic and surprise that having not any response up to date and all of a sudden a letter from a solicitor o sort legal advice and was told by my legal team to continue with the judgment by default. On the 14th of October I rang the court and was told the defendant on the 6th of October put in an acknowledgment of service but have until the 15th to put in the defence. So the judgment by default is not valid. But can put in another judgment by default if they don’t receive a defence. That’s the basic of what is going on. Now my question is can the defence claim legal costs via small claims? What advice and help would you suggest. What steps could you suggest I take as I am getting stressed out. Thank you and all response will be appreciated.
  6. Good morning! This is going to be a different sort of post than what is usually in this sub-forum as no shop lifting took place. However later in the post there is some content relating to a medical condition which might put people off eating so please don't read if you've just eaten, are eating or just about to... Yesterday I went to do a network cable installation for a friend and needed to get the train home. I was thinking the train refreshments trolley was likely going to be a no-show so decided to nip into Tesco for a sandwich and coffee. As I entered the store the Tag Alarm sounded, this is something that happens to me frequently so I didn't react. I selected my sandwich, some Pringles and a Costa Latte. Walked to the till, Clubcard Accepted and payment made. The till offered me a receipt and for some reason one of my voices (I have Schizophrenia) told me to press Yes. For sandwiches I don't normally bother as it's a waste of paper. Went to the exit and a security guard offered a farewell, I responded in kind and exited the store, again the alarm sounded. I proceeded to use the Cash Point right outside and as I was doing so the security guard approached me about the alarm. They asked to see my receipt which I turned over without argument and to search my backpack which I declined for good reason. I also explained the alarm sounded when I walked in to which they responded "I didn't hear it because I was on my break" They asked me to return inside to which I also declined. I explained I had a train to catch, it was the last service of the day, so missing it simply wasn't happening. At this point I was just about to bid them farewell and walk away. I hadn't stolen anything, CCTV would prove that. The security guard hadn't completed a SCONE assessment by their own admission. I think I would've been well within my rights to walk away and on a bad physical health and/or bad mental health sort of day I probably would've done. However at this point I didn't really want to give them the impression I had stolen something so I opened a slight part of my backpack to show the sandwich and pringles. They handed me back my receipt and "hope you will be a little more cooperative in future as I'm just a person doing my job" and then wished me a safe journey. The main reason for this post was to better understand ones permissible actions in situations where they are 'apprehended' or 'approached' by security but have committed no act of theft or any act of crime at all for that matter... I have some understanding on this from pursuing my hobby/somewhat obsession of the Railway and taking photos/videos in public of trains etc. However I'm not sure how things like PACE or Stop and Search work in cases like this. An obvious question that some might now be thinking is "Why don't you just allow the search and be on your way" and that is a very valid point which I will declare in some anonymity on an internet forum but would want to hide from random people I don't know in public. *Graphic Part* I have incontinence and as such I carry a small washbag in my backpack that contains spare underwear, continence pads, wet wipes etc. It also contains a dirty bag for soiled underwear which on the visit in question was filled... Just imagine if someone had opened that on the shop floor how I or indeed anyone else would feel/react? Not to mention the health risk involved... I had surgery for the same condition that has left permanent nerve damage at one of the incision sites which makes any touch or brush of this area extremely painful. So being patted down wouldn't be a fantastic part of the day. Inside my backpack I also had some "tools of the trade" including some screwdrivers, drill bits, screw bits, RJ45 Crimpers, IDT Punchdown and a pair of very sharp cable cutters. These were all inside another separate zippable pouch thing for reasons which should be obvious. I must stress this isn't something I usually carry around just to go to the shop. Since I had to go into hospital some years ago that kit very rarely if ever leaves the house. But I had it with me today because I terminated 2 CAT6 Network Cable Socket runs. They say a workman knows his tools... I know those cable cutters well enough from bitter personal experience to know that if you accidentally catch your finger or the bit between your thumb and index finger inside you're going to have a very bad day. */Graphic Part* So another reason why I declined the search as I don't really want someone to rummage around inside my backpack, get some very nasty surprises. This leads me to the conclusion of what a person can expect in such a confrontation and more importantly things they may or may not be entitled to ask for or do. In a situation where you know that SCONE could NOT have been satisfied, and the only thing that drew the attention of security was an Alarm, would you be within your rights to politely decline further scrutiny and walk away if challenged? Especially if you had fully exited the store in question and had NOT stolen any goods or all goods were paid for? Or would you likely be detained and taken to a dark shady room out the back? Lets assume you are detained and taken out the back. Again this is purely for someone who has NOT stolen goods. What should one expect and what are they obliged to do? Do you have to give your name and address and under which legal grounds would this be? (So I can read up further on this area of law) I'm guessing anything in this room would take place under PACE so would one be within their rights to make a "no comment without legal counsel" response? Or does it not work like this? How do security personnel adjust to people with disabilities and/or mental health conditions? Is one at this point allowed to decline bag and person searches, specifically on medical ground. Although in a private room the embarrassment factor is lessened, it's still there and I'm made very much aware of that if you catch my drift... Also if the till offers a receipt but you declined to accept it (Like I do because I don't like wasting paper just for a £1.50 sandwich) how can you explain the goods are paid for but you didn't take a receipt? I assume the Till Server would still have it in their logs? Thanks for bearing with me in this long post. Something about me sets these alarms off on a regular basis, I have been trying to work out what exactly causes it when I go to my local Tesco by taking and leaving different possessions. I'm beginning to wonder if it's something in relation to the surgery I had... This all started not long after... Today is the most amount of scrutiny I've faced and I know one day I'll come across "That Guy" who sets out from home and just wants to ruin your day. So I'm just looking for reassurance of what is the done and not done things because I'm well aware this will happen to me eventually. Having to deal with a mental health condition like Psychosis and a condition like Incontinence is not an easy task. I'm not looking for any sympathy and to be blunt I don't want any. I do ask for a tiny bit of understanding though whenever I go out. But sadly I've noticed with everything else I'm leaving the house less and less and avoiding contact with just about anyone anywhere. So I think if I knew what to do assuming a false accusation I might feel better about going out again. Happy to take questions and / or constructive criticism. As for being uncooperative last night... I got my Karma... Train DID have a refreshments trolley and a lovely 87 minute delay Happy Early Halloween Shark
  7. Hello All, Ive been a HA tenant for just over a year , so I'm now an assured tenant. Last year I recieved a list of service charges, which at the time seemed a little off/excessive, but being on a starter tenancy I sucked it up as to not cause trouble. This year however, I would like to dispute some of the charges and I was wondering what the best way of doing it was. I've looked all over the intertubes but there is very little out there. I've emailed the contact address on the letter outlining my concerns, and I'm awaiting a reply, but forwarned is forarmed as they say. I would appreciate anyone with experience of this chipping in. I'll just quote from my email to the HA, so you can see some of the issues I have with their charges... "Communal Cleaning: £315.82. I have lived here for over 12 months now and have never seen a cleaner at the property, or evidence that someone other than the resident have cleaned the very small communal area. Can you provide the invoice and a schedule of their visits please. Communal garden and grounds maintain: £318.39 As far as I can see , this building doesn't have any communal gardens or grounds. It fronts directly onto the street and has no grounds to the rear, other than the church graveyard that is maintained by the parish. Can you explain which "grounds" are being maintained and when I would expect to have seen the maintenance people? Could I also see an invoice for this charge? Communal electricity: £220.31 The communal area has 1 small heater and a light. My total bill for last years electricity for lighting, heating etc a whole flat was £750. I would like to see a bill or electricity meter reading as I believe £220 is excessive for such a small area."
  8. Name of the Claimant? JC International Acquisition LLC Date of issue – 4th September 2018 What is the claim for – the reason they have issued the claim? 1. The claimants claim is for the balance due under an agreement with Talk Talk Limited dated 29/05/2013 which was assigned to the claimant on 31/03/2015 and notice of which was given to the defendant on the 31/03/2015 and which is now all due and payable. The defendant agreed to pay monthly instalments under account number xxxxxx but has failed to do so. And the claimant claims the sum of £115. The claimant also claims interest thereon pursuant to S.69 county court Act 1984 Limited to one year to the date hereof at the rate of 8% per annum amounting to £8.21 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No What is the value of the claim? £200 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Landline & Broadband When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No Why did you cease payments? I ceased payments because the broadband soon became disrupted and sometimes ceased to work after many years of good service. TalkTalk attempted to fix the line and sent engineers out twice but still unable to fix this. They were still investigating the line when I received my monthly bill and noticed they had billed me for two engineer visit charges for works they were still attempting to rectify. I spoke to TalkTalk who understood and agreed to remove the charge as they had not yet resolved the issue. But the customer service chap then requested that I commit to another 12 months contract with him first before he removed the charge. I declined because I felt blackmailed with pressurised sales tactics and could not guarantee the line would be fixed. I switched over to Sky and demanded TalkTalk remove all charges before I paid for my final month – of disruptive service! TalkTalk customer care called when they noticed what had happened as Sky attempted to take over the line. The chap agreed again to remove the charge but asked that I commit to another 12 months contract to prevent Sky from taking over my line. I refused and they failed to resolve my dispute. The debt has since been sold to various companies and I explained the situation to them, advising that I only owed one month’s payment. They all understood and stopped chasing me. Now Moriarty Law, a company I have never dealt with before, has issued this claim. What was the date of your last payment? Around 2014. Still attempting to verify with TalkTalk Was there a dispute with the original creditor that remains unresolved? Yes Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? No I have acknowledged receipt of the claim form and stated my intention to defend in full via MCOL. I have also sent a CPR31 to Moriaty Law who responded on the 19th September that “they have contacted the original claimants for the documents requested and will notify me of their response shortly” They have also stated in their response “In the meantime, the account will remain on hold and collection activity has been suspended” Please note that I did not mention my dispute with TalkTalk in the CP31 Although they have stated the above, I need to provide my defence to the courts in time and not sure how to proceed. Any help will be appreciated. Many thanks in advance
  9. Hi everyone, any help would be highly appreciated Back in 2010 I arrived in the UK to study, me and my friends rented a flat in Brighton and I signed with TalkTalk for a broadband plan (1Year). The account was under my name and it was paying it from my personal bank account. End of 2011 I finished my studies and went back to my country, but before I do that I contacted Talktalk and told them that I am leaving and that my room mates will be paying from for this plan from now. (Kindly change the account holder to them and hereby I inform you that I am not longer responsible of this) "for sure there is no proof of this as it was a phone call" Time passed then in 2017 April I returned to the UK with my family to start my new job. Surprisingly I received a letter from Lowell demanding me to pay an outstanding amount of 240GBP for an old account related to TalkTalk. I ignored the letter as I sincerely forgot that I ever had a TalkTalk account! on the end of 2017 I relocated to the northern side of London the somehow they got my new address (I am guessing through the bank as I still use my old account since I was a student) and demanded me again for the same thing so I gave them a call and asked what is this about, they then explained that this account still under my name and it has an outstanding amount since Dec 2013. I asked what account was paying for all these payments since 2012 they explained that it was someone's else account (My room mate). I then explained that I left at the end of Sep 2011 and since then I was away, I have all necessary stamps of exits and entries on my account which validate that I was out of the UK for the past 7 years. They took all these notes from me and were very polite with me, then asked me to wait for a month or too for feedback. Today I received a letter saying that TalkTalk said the following: TalkTalk has advised us that they received change of ownership forms on 09/11/2011; however this could not be completed due to arrears on the account. They state that they received further card payments from a third party, but the name on the account was never changed Lowell then continues the letter saying that I need to pay this and that they will place this account on hold for 30 days for me to review in case they missed anything. Can anyone explain to me what is the best root to take next? As it is obviously not my responsibly to pay especially that i was not informed that the owner ship change did not happen? Bare in mind that my credit report has a note on it from TalkTalk since 2011 apparently which prevented me from taking any credit plan with any type of business in the UK since i got back and i am not quiet sure about the impact on my credit score after this issue is sorted. Kind Regards
  10. Hi all, Apologies if this post is in the wrong forum, had a look and wasn't sure where to put it. Back in 2015 I obtained a referral to a specialist consultant for a health issue via my health insurer Pru/Vitality. I was issued with a claim number, claim was allowed, saw the consultant and that was that. I had previously seen him under the same process. In 2016 I started to get letters from the consultant's office demanding payment for my 2015 visit. I explained that I had a valid claim via my insurer and told them to take it up with them. A few months later, same thing. In Jan 2017 I had enough, so I called the consultant's office and explained that it is between them and Pru - not me. They claimed that Pru had no record of the claim. In the interim Pru changed to a new claim system, so my claim was under the old system. I explained this to the consultant's office person and they came back saying that Pru won't pay their invoice, as they only receive via email within a certain period of time after vist etc. In other words, it sounds like they filed their invoice too late and Pru aren't paying out. I also called Pru to complain of this hassle, and they basically said the same thing, however the consultant's office won't stop hassling me for payment. How on earth can I get them to stop and leave me alone? This is clearly an issue between them and the consultant, not me!
  11. Hi Everyone, I am having a dispute with a company in Portugal and I need to find out where I stand legally. Just over a year ago, I sought out the services of an addiction clinic in Spain called Iboga Tree Healing House, that treats addiction using a powerful anti addiction drug called ibogaine, but had a terrible experience there and was treated very badly by the owners who it later transpired had no real experience or expertise in working with ibogaine. I was planning on taking legal action against them in order to get my money back, but I left them scathing reviews all over the internet which ruined their reputation so badly that they ended up selling the business. However, it was bought by another ibogaine practitioner who I do know as we are both members of the same ibogaine discussion forums, and who was indeed aware of the unresolved dispute that I had with them because I've had conversations with him about it through facebook beforehand, and he was also completely aware that I was threatening legal action against Iboga Tree before buying it because I had stated it very clearly in the reviews I'd left. However, recently, the new owner had the barefaced cheek to send me a facebook message asking me to remove the negative reviews I'd left because it was damaging his business, and this was without offering me anything to compensate for the horrendous treatment I was subjected to. When I challenged him on this, he told me that he is not liable for anything the previous owners did because he simply bought the domain name and the trademark name, and not the actual organisation whose services I paid for. I'm prepared to bet he is lying through his teeth because when I challenged him about it, he became childishly defensive and when I hinted that I would be looking into it further, he did everything he could to persuade me to let it go and move on. He is currently running Iboga Tree Healing house in the identical way it was run by the previous owners. It has the identical name, the identical website design, domain name & email address, the identical logo and offering the identical services to the ones I paid for when I had my treatment, yet he is claiming that he is not responsible for anything that happened before. This is despite the fact that in buying the business off the previous owners, he has taken away any legal comeback I have with them. If anyone could please give me some advice on how I go about finding out where I stand legally on this I would be extremely grateful.
  12. We had a property agent managing our property I asked for a quote for some repairs to a fridge freezer but given the costs I never went ahead with the work A year later and after a years battle to get the property agent to authorise the tenants holding deposit to be paid back to me for other damage to my property the agents have now deducted the cost of repairs to the fridge freezer. This is the first time that they have stated that there is an outstanding amount and I have never authorised for the works to go ahead. They state that I had a telephone conversation with someone who has now left and I agreed to the work. I know full well that the work never happened. I have since had the fridge replaced as it was cheaper to get a new one than to repair it. What information can I insist that the property management company provide me with to show that I authorised the repairs? For example invoice from supplier any others? Also, are the allowed to deduct the money from the deposit money?
  13. Hi All, I would be grateful for any help to work towards reducing my Welcome Finance loan which has been sold to Coast Financial Solutions despite account being in long term dispute. I do not wish to bore you kind folk with a sob story but think you need a brief history. I got a car from YES Car Credit when I was a student back in 1998. I purchased a property in 2002 and fell victim to Welcome Finance offer of reducing my costs by taking out a home loan. Since then over 15 years has passed and I have put the loan in dispute many times due to charges, incorrect balance and Payment Protection Products including MIF which I was never made aware of. Now I am in the progress of claiming back PPI and have tryed to get WFS to agree to a settlement. I am not greedy just want a soloution to the outsanding Welcome account. The account at present stands at just under 23,000 and has been re-written many times . This is my mistake for giving in to WFS harassment but they stopped interest on balance a while back due to the length of the dispute. Thus this is were its gets weird . Every time I try to communicate with WFS they pass the account on saying they have sold it but so far the purchaser has been a DCA for example Incasso and Cabot who just hand it back after I reminded them that the account was in dispute. Now they say with letter that the account has been sold to Coast Finance Solutions who are based abroad but have a PO Box address in Newport. This is strange because I have offered half the amount as settlement and when you do the maths its a very generous offer. I calculated this by simply deducting miss sold PPI which totals nearly 8,000 and deduction unfair charges. Anyway can anybody advise Many THANKS in Advance
  14. Hello, I wonder if anyone may be able to help me please. I bought a flight in Dec 16 from Citi Flights, flying from London to Thailand. I flew out on the outbound flight but the airline cancelled my flight home. They left me stranded in Thailand with no other option but to purchase a new ticket home. I have been battling with them ever since and they have said that Citi Flights had no authorisation to sell me the ticket in the first place and it was a fraudulent transaction. Citi Flights have said that the issue is with Turkish Airlines and not them and if they weren't allowed to sell me the ticket how could I have travelled on the outbound flight. I spoke to the CAB consumer helpline and I have issued a claim online for breach of contract and damages under common law against both parties (as I have no idea who is telling the truth). However I have just received a letter to say that Turkish Airlines intend to defend the claim. Does anyone have any knowledge or experience to offer me please? Lauren
  15. Claimaint: Vehicle Control Services Solicitors: None identified Date of Issue: 19 Apr 2018 Particulars of Claim: 1.The Claim against the Defendant is for breach of contract in respect of breaching the Terms and Conidtions set on private land. The Defendant was issued with a charge notice and has failed to settle their outstanding liabilities. 2.At all material time the Defendant was the registered keeper and/or driver of the vehicle identified in the Particulars of Claim. It is alleged the Defendant breached the Terms and Conditions of entering private land as detailed in the Particulars of Claim (to follow). 3.The Claimant seeks the recovery of the CN and interest under Section 69 of the County Courts Act 1984 at the rate of 8% at the same rate up the date of Judgement or earlier payment. I will provide the defendant with seperate detailed particulars within 14 days after service of the claim form. Claim is for £160 + £25 court fee = £185 ---------------------- Hi, have received court papers wrt the above Basic summary of events: -NTK (not me) received 20/4/2017. Issued 13/4/17 but for contravention date 2/4/17. Due to easter holiday this meant >14 days so POFA does not apply -I appealed on the keepers behalf. VCS say I selected the driver option. Have no recollection of this and they have been unable to provide evidence of this being selected. In my appeal wording I did not say I was the driver. -VCS pursuing me on assumption I am driver. Initially said they had CCTV, now saying pursuing based on my admission in the appeal. Don't actually think I've personally received a CN from them contrary to their PoC. -I don't actually think they have ever issued me with a charge notice. Happy to take this to court and defend myself Submitted my AoS 23/4/18 and also selected contest jurisdiction due to the byelaw issues at LJLA, however have to pay a large fee ~£200 to pursue that. Is it worth pursuing the contest of jurisdiction? I think I can make a robust defence in any case based on other threads I've read on here and Pepipoo. Can I claim the fee back if successfully contest jurisdiction? Advice re next step would be appreciated thanks in advance
  16. Hi, My mother has been using Three mobile for her broadband (she lived in a caravan, and later a flat, that were unable to have Virgin/Sky installed). For all of 2017 she lived in a flat with a 6GB internet allowance, over the year she went to her limit twice. Purchasing a 2GB extension each time, she had no issues. In November, following weeks of issues, she went in to the store and complained and got upsold a new contract. 20GB allowance, plus she had BINGE (which allowed free watching of Netflix without using her data), her data would be capped and stop automatically when she hit her limit, but 20GB would be more than she needed (she was informed) November she used 8GB, December she used 8GB. In fitting with what she'd used before. Then in January, she suddenly jumped to 12GB, 19GB in February. No explanation for her sudden jump, she only uses facebook and searches on google for stuff. There's no downloads or streaming (apart from Netflix, which is not included in her data usage, it has a separate part). Apparently most of this usage was on Mondays, when she's only in the house for 4-5 hours at most. In March though, she had the real issue, when after 2 weeks she found that she was unable to access the internet. Anytime she tried she was told she was past her limit. 20GB, in two weeks! Still no explanation as to why it jumped so much. I went on her account to check her details. Imagine my surprise, when despite constantly being told "You have used your allowance" and being unable to connect to anything (Including Netflix, which was supposed to be free, but was for some reason cut off when she hit her limit), on her charges it listed a further 6GB that she was OVER her 20GB allowance (despite being capped and cut off, as was requested and told would happen when she had the contract) The 6GB over use, came with a lovely £53 charge. She only pays £15 for the 20GB, so it's extortionate to charge nearly 10x that amount on a per GB pro rata rate, but it shouldnt have been possible to go over. Naturally, we called Three to ask what had gone on, and had a very rude staff member tell us "You cant say you only use so much data each month. We know you used a lot more" we asked how, and why it went up so much, given her habits have been the same for about 4 years now. "I dont care, you cant tell me I'm wrong. You owe use the money" Then we were cut off. One rude customer service agent. Possibly hung up on us, maybe a real disconnection. So we called again, and got basically the same response and also got told that the store could not cap her usage, so she owes them the money. Unhappy with this, we went through their Resolver complaints procedure, and this is where we now stand. They have admitted: *They should have capped the account *Mum should not have been told it was capped, if it wasn't *The £53 charges are not fair They have said: *Mum cant cancel her contract, without paying them £70 early cancellation charge, despite them not giving her what she was told she was getting. They have offered: *My mum stays with them, and pays the £53 charge, along with her £15 bill *To make up for their mistake, they will give her £40 credit towards her next bill *They will now cap her account. Leaving my mum, with an internet account that is still using an insane amount of data for facebook and google searches (she changed the password too, in case someone was using it somehow). A £13 deficit after the £40 credit, and no real apology, given that the £40 apology doesn't even cover the charge that they shouldn't have been able to add anyway! She currently has her Three Mobile broadband unplugged and is just sticking to her phones 4G data (10GB a month, different provider, no issues). Is there any advice for how to reply to Three now? To me, I was sure this was a breach of contract on their part. Because at the POS she was told she was getting a capped internet (that would stop at 20GB), with unlimited netflix. She was given an uncapped internet, that had a 20GB limit before incurring extra charges, and netflix that stopped when she hit the separate 20GB allowance. Leaving her to go 6GB over, despite not even being able to go on the internet. Thanks for any help
  17. Simpler Internal Dispute Resolution Procedures for the AFPS READ MORE HERE: https://www.gov.uk/government/news/simpler-internal-dispute-resolution-procedures-for-the-afps
  18. 1 Date of the infringement 6/12/2017 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 12/12/2017 3 Date received 14/12/2017 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] no (at least not that I can see) 5 Is there any photographic evidence of the event? yes 6 Have you appealed? {y/n?] post up your appeal] yes - see below Have you had a response? [Y/N?] post it up yes - see below 7 Who is the parking company? Horizon Parking 8. Where exactly [carpark name and town] Aylesbury Leisure Complex, Aylesbury For either option, does it say which appeals body they operate under. - Yes, IAS (POPLA) There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE If you have received any other correspondence, please mention it here Appeal email: I’m really sorry that it appeared that we had parked at the Leisure Complex. On the evening in question, my wife and I were taking our children to eat in Aylesbury (a town that we’re not familiar with). Unfortunately, we got confused by the signs for Exchange Street Car Park and mistakenly pulled in to the small layby outside the Aylesbury Leisure Complex. After pulling in we quickly realised our mistake, but there was a delivery van in front of us that was pulled sufficiently far forwards as to be blocking our path, and reversing back out onto the main road would have dangerous with the level of traffic (especially so close to the roundabout). When we initially pulled in the driver was in the middle of the delivery. Once the delivery was completed we waited for a while, before I got out to ask the driver if he could move. He was looking at something on his phone but apologised and then immediately drove off to allow us to exit. I would greatly appreciate your understanding in our appeal of this PCN, and hope that you are able to review the imagery from the cameras to confirm what I have described above. Response: Thank you for your correspondence regarding the above Parking Charge Notice. I can confirm the Parking Charge Notice was issued correctly and legally in accordance with the British Parking Associations (BPA) Code of Conduct Signage throughout the car park is compliant with the BPA rules and regulations. The signage is quite clear in its intent and is located throughout the car park. When parking on private land it is the driver’s responsibility to ensure they adhere to the terms of the conditions of the car park. As vehicle XXXXXXX was found to be parked in a no parking area, a Parking Charge Notice was correctly issued The land is private property and signage within the private car park clearly set out the rules and regulations of the car park. When parking on private land, a motorist freely enters into an agreement to abide by the conditions of parking in return for permission to park therefore if the driver fails to comply with the terms and conditions a Parking Charge Notice will be correctly issued. In light of this, your representations have been carefully considered and rejected.
  19. Ive built a skateboard ramp for my son in the back garden, because of my neighbour on are left complained evan though she can't see or hear the ramp in use the council have said it has to be removed because its a raised platform and i should of got planning permission, There is no platforms on the top either end. Can i dispute the councils decision have it removed in court? ,what are my options?,the neighbour to are right agrees that it makes no noise and they can't see it. the ramp at its highest point(the vertical bit) is 6.5 feet no higher than any of my neighbours out buildings.The flat part is only 6 inches of the ground. The kent county council have given me 3 months to remove it or there starting court action, A childs trampoline would have far more impact on are neighbours.
  20. I have been a Three customer for a few years recently ended our relationship on the basis that I consider that they have breached our latest contract by not providing the service as expected. Since the first year I have been with Three I had to constantly complain about the quality of the service, in particular the fact that I had no phone signal at home and little signal everywhere I went in the UK, from Cornwall all the way up to Scotland. I had at most three bars, but more often one or two, with the result that I was unable to make calls or calls were dropped in the middle; this even happened regularly when phoning Three support. They would also often complain that they couldn’t hear me properly when I called them. Each time I complained and also when they were trying to get me to sign an update contract they promised that the network was being improved and promised that within the term of the contract it would get better and to compensate me for the poor service at the time they gave me a 50% reduction on my monthly payment they also sent me a device to connect to my internet router which gave me a three bar signal at home some of the time. This pattern was repeated each year until this year. I renewed the contact and upgraded my phone in March this year, but found instead of improving the signal got worst. I complained to them again, they said there was nothing they could do about it and refused to provide any sensible discount in lieu of the poor service. I decided I had had enough. I therefore told them that as far as I was concerned they were in breach of the agreement as they had not provided the service they had been contracted to provide. I then went to O2 instead and now have a fantastic full strength signal almost everywhere I go! Of course Three don’t acknowledge the breach and have sent a bill for over £900 which they claim is due for cancelling the contract. I don’t intend to pay this bill and will defend my position in court if necessary. However, my main concern is that they will probably mark a default on my credit file which I do not want. my first question is this; can they legally issue a default, or mark a file over an account which is in dispute? If not, is there anything else I need to do to ensure the account is legally recognised as in dispute? Thanks.
  21. Hi, I had an account with Nationwide about 4 months ago, at the time I had an issue with a company taking funds without permission I contacted the bank which in turn refunded the two payments back to my account. A short while went by I thought this was the end of the issue with the company in question. I ended up closing my account to move to another bank which were offering a good switch to us deal therefore I did. Move forward to now, I've received a letter from Nationwide asking me to pay back funds of £500 as the company which I had the dispute with provided evidence to indicate the transactions were of my own, therefore they've requested me to pay back the funds into an account of which they've provided on the letter, this letter has come from the 'Payment Processing Controls'. I've tried telling Nationwide I did not give the company permission to take funds, the evidence the company provided were that of my details that were provided to them when I created an account with them, I told Nationwide I had an account with them however I still did not give them permission to take money from my card, they've simply told me I would have to take this up with the company now as there's nothing else they can do. I don't have the funds at the moment to be pay the money back they're asking for, I firmly still believe I do not owe this money back. I've checked my Credit Report which also shows the account as closed and satisfied. I did speak to the Visa Disputes Team who told me there's nothing they could do to get the funds back as the account is closed, the member of staff words being "we don't have a leg to stand on". However someone somewhere within the bank is clearly trying to retrieve this money. Where do I stand? Can Nationwide legally chase me for this money?
  22. Hi all, Have I made a mistake? I had an unenforceable credit card debt from 2010 has been passed through the following companies: Alliance & Leicester/ MBNA/AIC/Aegis/Wescot - Bank of America /Arrow Global/ Wescot/ Scotcall/ Vanquis Bank. In 2011 Letter from Arrow Global said Scotcall is no longer managing your account. It will now be managed by Vanquis Bank on behalf of Arrow, who will be in touch to let you know contact details and offer you the "Avant Programme". Never heard any more and 6 years later was offered a small credit card which I thought would help me rebuild some credit. The account is in order and I have managed pay it off each month. But... The card is from Vanquis Bank! and I have started getting letters and calls about the other account from AIC again. It feels a bit uncomfortable. Should I worry? Cheers,
  23. about six weeks ago i was reversing onto a customers driveway to pick them up to take them to the station (im a taxi driver) i happened to just catch her husbands car. after she got in the car i told her what i had done and on arrival at the station i gave her my phone number and she said she would pass it on to her husband. After about a month i got a text saying the cost to repair the damage would be £275+vat. This was the day before i was going on holiday , I replied straight back to tell him this . i also said that i thought the cost was quite excessive and i would seek some more estimates when i got back When i got home and went back to work i again got the job to take the wife to the station when i got to the house i took the opportunity to take photos of the damage to the rear bumper. This amounted to a single scuff mark about 1mm wide by 10mm long. this confirmed my suspicion about the cost, with that the wife came out and started giving me grief because i hadn't done anything about it and told me to get away from the car. the long and the short of it is we are now arguing over the cost. He is insisting it goes to a garage that wants to charge £300+ without any proper invoice after i have got estimates between £120 and £160 . I should add the £160 for which i have a proper estimate is from a different branch of the garage he is insisting on using. i know the garage he wants to use is at some point going to do further work on his car and i suspect i am going to make a contribution to this. Needless to say this is getting a bit heated now with him threatening me with the police for leaving the scene of accident notifying the council who provide my license and going through the insurance company which i don't want to because my excess is more than this and i don't want to lose any ncb and he has even mentioned court. i should also point out that he is not willing to take his car to any of the garages that i have got estimates from.
  24. Hi there, this is my first post so apologies if this dilemma is elsewhere. I did do a search first but couldn't find anything similar. I received a single person discount declaration form asking to update/verify my circumstances. This spd has been in effect since 2014. The house in question was bought be myself and my partner, and was a complete refurb. We was exempt from paying any council tax for the first 28 days and after that was moved onto a spd even though nobody was living in the property (due to the heavy renovation being done); This took around 12 months to complete. As stated earlier I had registered for the spd. Once the work was completed my partner moved into the house but I remained at my mothers house (due to the fact that we are not married). Although the spd and council tax had remained in my name. I called the council to explain the situation and they're now saying the following: - we are liable to pay full council tax from 2014 - 2015 as the spd is on the basis that someone living in the property (even though it was empty) - we are liable to pay full council tax from 2015 - 2017 based on the fact that my partner was living there alone and the council tax was in my name If anyone could advise what I should do I'd be greatly appreciative Thanks you in advance
  25. Dear All, I come to this website by searching for some advice for a serious dispute with my cowboy builder recently. Please bear with me with my long nasty story: We hired the builder in late April 2017 and agreed to make stage payments in contract. The whole project was quoted £35k We paid him 10% deposite and the first stage payment £9k in advance (what a mistake I know). The first stage payment is supposed to cover the material and labour cost till bricks are laid up to roof level (which was not written in contract but agreed verbally). I did get 3 references for the builder and one is from a senior employee of the council, for which he was doing a similar extension. However, I had trouble with him right from day 1. He mis-measured our foundation by 70mm short. We did give him a chance (what a mistake!) and he promised he would be more careful. He was not. He was rough all the way and recently I learnt that he was not qualified builder at all although he claimed he had more than 10 years experience. His work was substandard and his attitude was not professional. He was rude, aggressive and intimidating to my family. He swore in front of my family including my children on a number of occasions, when we pointed out any mistake or simply asked him questions. I found no integrity in him at all, there were constant lies and broken promises. The project was planned to take 10 - 12 weeks. Only 3 layers of bricks have been laid so far. Up to date, we have paid him £16k for the work, which is worth only £6000 - £7000 evaluated by two independent evaluators. Last week when we refused his aggressive demand for more money, he stopped all work, refusing even to relay the bricks that were laid with wrong mortar colour and upside-down airbricks, and took all materials away. There wasn’t any chance to negotiate and discuss. He even dug out a newly laid drainage and took the pipes away! He is now issuing us the final invoice, demanding another £4,500 to be paid in a week. We have declined the payment. In summary some facts: - we already paid £16k to complete the first stage of our extension; - Two builders have evaluated the work done as worth £6,000 - £7,000, meaning we overpaid at least approximately £8k-10k; - My builder has asked us for another £4,500 for ‘work that has been carried out’ as final invoice, which we have declined to pay. We search advice from local council, CAB, trading standard. They all seem to be helpless apart from logging a claim for us. We plan to take legal action to recover our overpayments. But before taking any action, could someone please advise me what I should do or not to do. Any advice is really appreciated! Thank you very much in advance!
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