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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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SKY Wont let me cancel.


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At my old place we had SKY and were 3 months into the 12 month contract. When we moved we were advised we were NOT allowed to put up a SKY dish, so were unable to continue the contract. SKY are now saying they want the full years subscription for something we cant have.

When we rang SKY and advised them, we were told by a rep that if we wrote in with a letter confirming we weren't allowed to put a SKY dish up they would cancel, and now they are reneging. Anyone have any ideas hwo I can get out of this??

Working to remove my debts

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In my opinion you are obliged to see out your existing contract. It is not the fault of Sky that you moved house and are unable to have dishes on the property. Have you checked out to see if there actualy is a covenant on the property that prevents you from having a dish, or is there another reason as to why you can't have one?

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We had a similar issue and in the end we got a tripod and attached the dish to the tripod. This was then placed near window facing in the correct direction and we enjoyed Sky until the council relented and allow dishes to be installed.

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I don’t know what contract you have but the standard Sky signatureless contract of 2006 has a clause 11b

 

It sets out termination rights, and the wording gives Sky TV an unfettered discretion to terminate the contract for any reason they consider fit within the minimum term and under clause 11(d) enables Sky to compensate themselves for its reasonable losses by way of retaining or claiming the subscription for the unexpired time.

 

There is legislation that protects consumers from contracts like this and it’s called the Unfair Terms in Consumer Contracts Regulations 1999. Under Regulation 5.5 it gives an indicative and non-exhaustive list of terms which may be regarded as unfair, and under 1(e) because they are not supplying you with the TV service and the subscription has become a compensation payment.

 

Additionally if you have a signatureless contract you can void the contract under Schedule 2(1)(i) because Sky is irrevocably binding you to terms with which you had no real opportunity of becoming acquainted before the conclusion of the contract.

 

Sky may not accept this and exclude themselves from liability. They could also respond by damaging your credit rating by passing disputed monies as adverse information to a credit agency, there is case law that enables you to recover from Sky's liability insurer for your losses if you obtain a loan and pay a higher interest rate than you would otherwise pay if the lender relies on adverse information obtained from a credit agency that originates from Sky.

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Hi,

 

SKy won't cancel it over the phone.

 

There are two options.

 

Write a letter to the cancellation department explaining you reasons. Sometimes they will just cancel no frther questions depending on the reason. Or the may ask you too pay for the remaining 12 months AND the price for the original installtion and equipment. You could write the letter and wait for response to see what they are going to do but please remeber to clearly state you want to cancel the contract asap and not just that you think you will have to.

 

Option 2 : pay the remaing 12 months subs @ £16 per month and call back to canel 30 days before the 12 months is up.

 

 

If you write the letter and they cancel the account and are going to charge you. if it would be cheaper paying the remainder you can call up and reinstate the account.

 

 

Idax

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oops address:

 

Sky Subscriber Services Ltd

Customer Care Department

po box 99

livingston

west lothian

eh54 7pw

 

 

Idax

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Another fine example of Sky's money grabbing I think!

 

We are the large corporate company who don't give a dam about our customers who should just shot up and pay up till death us do part!

 

I personally would fight this. Stand up to them and say NO! If a company as big as Sky can't be a tad lenient over a contractual issue like this, it is a bit of a poor do to be frank.

 

I would refuse to pay them and fight it through the courts if necessary. I think Renta Mouth has a point about the UTCCR Regulations. I think that you could sucessfully defend any action if Sky persue.

 

Simon

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

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I can hardly believe I'm siding with Sky here:

 

You agreed voluntarily to take their services for 12 months.

 

The fact that you cannot erect their dish at your new property is unfortunately your problem, not theirs. It does not alter the contract. They may perhaps have sympathy for this and 'let you off' the contract, but I don't see why they should be obliged to.

 

Our situation was not dissimilar - we moved one mile to be able to get cable so as to be able to get broadband. Once we had cable, we had no need for Sky.

 

We agreed with Sky that we would pay off the contract by changing the package to the lowest priced one, and sent a one-off payment for the remaining term.

 

Unfortunatelty, five years on, they then decided to chase us for £75 on the basis that because we had moved home, the box was not plugged into the phone line as per the contract for the full 12 months, even though they would have known that was the case.

 

That was a side-issue as we had modified the contract since that part of the box never did work anyway, and so Sky had no case to pursue us.

 

I'd suggest: do the same, pay off the contract, and get a Freeview box.

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Have you checked that your flats aren't already cabled up for Sky usage? We were refused a Sky dish by our management company, but the (very helpful - not!) lady on the phone neglected to mention that the flats operate a 'shared-dish' system. We found out later that our flat was one of a few that hadn't had the sockets changed from Radio - TV to Radio - TV - Satellite. We had the socket installed and everything's now fine with our Sky setup (well, apart from the c**p choice ;) ). I'd say to give your management a ring and check that they're not running the shared dish setup before trying to cancel with Sky.

 

If you do have to cancel with Sky, however, I'm afraid that the recission of the contract is entirely down to their goodwill, and you are still liable to pay for the fixed term. Sorry.

-----

Click the scales if I've been useful! :)

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My daughter had a contract with Sky which we let die when she moved to her own house. We still used the dish and box for a couple of years to receieve all the terrestrial channels and quite a lot of others. We have moved over to freeview now.

 

 

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