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    • What a disgraceful shirking of responsibility.  Par for the course though I'm afraid with Iceland. You could get nasty and send them a version of the below (you know the local area so change what needs to be changed). Unfortunately the people who are replying are having to comply with the company policy which is being foisted on them - which is not to cancel tickets. But you might as well send the mail and try.   Dear Cissy, thank you for today's mail. Of course you are "able" to cancel the charge, you simply contact Excel and tell them to cancel the charge. I will wait for exactly 24 hours and then contact the local newspaper XXXXX and the local radio station XXXXX about Iceland's disgraceful disability discrimination.  Nothing much happens in Gravesend so I'm sure both will be happy to do a piece which will generate terrible publicity for your store and drive away customers, which is exactly what you deserve. Yours, XXXXX 
    • You are absolutely right to be cautious. It would be helpful if you will be prepared to send me a private message containing details of the outlet and the address et cetera. It might help me to get things more into perspective. So I understand that you had a business selling your husband's photographs. You were unable to continue your direct involvement and so you made an arrangement with a manager who you trusted to carry on the business for you while you were recovering elsewhere in the country. Is this correct? This manager has possession of all the files of your husband's photographs. Is this correct? Do you have any copies of the files? You made a reference to having a Co-op. Does that mean that you are running a Co-op supermarket or groceries outlet? I don't quite understand here. In terms of the possibility of continuing the arrangement with this manager – my own view is that you need to bring the arrangement to an end and I don't see how you could trust them. As far as I can see you are asking about two issues. Making sure that the files in the manager's position are destroyed so that you regain control of the photographs. Obtaining some damages for the loss of revenue. How many photographs do you believe are in his possession? What you estimate is your loss of revenue so far – probably calculated on your average revenue over, say, the five years before you stop your involvement in the business? You are talking here not only about a breach of contract. You are talking also about breach of copyright and frankly you're also talking about theft. Additionally, if you begin the dispute with this person, I would say that they will probably leave immediately. Have you got somebody else to run the business or would that be the moment that the whole thing collapses? If it is the latter, then this is something else that you need to prepare – somebody to take over as seamlessly as possible   Also, do you know the address of this person – and do they own their own home or any other assets?  
    • Just as i thought (from above post) : i just hope this is not the normal customer service that say they cant do anything and that you have to appeal to excel parking 🙄 this is the response my friend has received today - totally ignoring the subject which was: 'victim of disability discrimination on the part of your agents' does anyone have any ideas to reply with please?     Thank you for your response.   I would like to apologise for the error in the previous email; our CEO, Tarsem Dhaliwal had received your email and tasked ourselves in the Executive Resolution Team with looking into this.   We have raised this with our internal property department who have more information on parking charges and any appeals, we can see that you had appealed the PCN with excel which was rejected, you then appealed the PCN with IAS which was also rejected.   Because of this, we would not be able to cancel or refund the charge.    I understand this may not be the outcome you had hoped for, I am sorry for any inconvenience caused.   Kind regards, Cissy
    • Officials at the Federal Reserve are expected to hold off on any interest rate cuts this month.View the full article
    • I appreciate any help on this. I got 2 different speeding tickets and I'm hoping I can get one of them canceled as it's for the exact same road, 2 days back to back. The limit was 40mph, but I honestly thought it was 50mph and so I was driving withing that limit... First time driving that road. No other points ever on my driving lisence if that matters. Any advice for the appeal please? DETAILS: AF57ONB 0013032393514620 - 209266 0013032398514320 - 748169
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Problem with new conservatory


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Just while I am reading this, could you please state the following :

 

1. The name of the builder.

2. The name of the surveyor (did they work on behalf of the builder or id you appoint separately)

3. Did you pay for this on credit?

 

I know you maight have already mentioned these - I will get them if so. If not, please let me know the details (you can pm me if you don't want to name them publicly).

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Just a few more things (it will be tomorrow before I can answer (apologies))

1. Was most of the negotiations (before you signed anything) done at your house or in their premesis or over phone?

2. Who is financing this? Is it a creditor who is separate from the builder, or is the builder themselves providing the credit?

3. Exactly what documents, plans, forms etc do you have that you can lay your hands on (that is - in your possesion - not ones that you would have to ask copies of)? These documents include EVERYTHING from when you first made contact.

4. During any negotiations, was there anyone else present?

5. Have you reported this to Consumer Direct yet?

6. Do you have a scanner to enable these to be sent to me (by PM - all confidential).

 

 

Also - click here to PM me (this is NOT an invitation for everyone else! Please post problems first as 99% of the time they can be answered!)http://www.consumeractiongroup.co.uk/forum/private.php?do=newpm&u=150908

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Oooh keep us updated. Is it definitely Trading Standards? They will need to see the documents to give proper and accurate advice (which is why I could not be much more help!). fingers crossed.

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Go for it! Good luck and let us know how it goes.

 

It might also be worth asking TS if they do provide any kind of suport or representation in court. Some do, some don't. If not, see if you qualify for any legal assistance.

 

All fingers and toes crossed (and the cat is trying to cross his claws but not having much luck!)

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  • 1 month later...

someone will come along with the technical bits. All you need to do is show you acted reasonably, and counter their arguments. If their POC simply says "refusal to pay", they are going to look very silly if you show the court WHY you didn't pay! Contact TS again and ask if they provide representation or assistance with court or preparing the case. It is far better to have someone who can see all the paperwork.

 

Best of luck!

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  • 2 weeks later...

I would change wording the second b "The claimant undertook the words in a shoddy way".

 

Perhaps:

"The claimant failed to excercise reasonable care and skill expected of someone holding themselves to a professional standard"?

 

Also on listing the requirements of SGSA 82, I would change th wording to the third person - just a personal preference

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  • 4 weeks later...

I understand that there is nothing stopping someone from using a solicitor and each side is responsible for their own costs so a judge will not, if you lose (pray not), order you to pay their costs. You could obtain your own solicitor or a lay representative. Your local CAB may assist there. No an expert on court procedures myself so someone will offer better advice, bu I believe what I have said to be more or less accurate.

 

All I can think of is that if they have got their own solicitor they are obviously cacking their pants. Go Gerrem!

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  • 2 months later...
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