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    • This preliminary hearing has been allocated 20 minutes so it should be fairly simple. However, judges are always on the look-out to get cases settled and sometimes these things can mushroom unexpectedly, so I would take along all the paperwork in order and prepare too much rather than too little. For example, we have a recent case where someone went to a preliminary hearing but the judge was appalled by the parking company's case and put huge pressure on their solicitor to discontinue - which he did. I have personal experience of trotting along to a preliminary hearing, only for the judge to go ballistic at the other side's solicitor who promptly dropped the whole case against me. I suggest your Mum takes these notes along and refers to them when necessary.   1.  I sent Parking Eye a Subject Access Request on 03/07/2023.  After one calendar month they had not replied. 2.  Their failure caused me a great deal of distress.  I was desperately trying to prepare for a court case and I felt they were hiding information from me. 3.  However, I did not rush to court, I sent a Letter of Claim on 03/08/2023 giving them an extension.  Again they did not reply.  So I started this court case. 4.  Parking Eye insist I have proof of postage for everything I sent - and I do.  5.  Parking Eye eventually satisfied my Subject Access request at the end of August 2023.  I believe they put a false date on their letter to pretend to have satisfied the one-calendar month deadline.  I believe they will have no proof of postage. 6.  In April Parking Eye sent me a letter to try to settle the matter, which offered me nothing.  7.  Later I sent them a letter offering to settle and asking them to offer a serious amount, not nothing, but they did not reply. 8.  I would be willing to settle out of court, but not on the basis that they offer me nothing.  
    • That was the date the email was received from them
    • Morning guys, I would appear I have more people chasing me than first listed. Apologies for this but I had a Very account for £2292.20 that was sold onto Lowell and Overdales, who sent me a PAPLOC request earlier in the year which I replied with all the usual, sent off CCA request etc. They responded on 07/03/34 with the attached. I guess i forgot to list this here nearer the time, They have sent me another PAPLOC request.  Could you please give me your thoughts on what they replied with previously and what I should do next? img049new.pdf
    • What does the date refer to please? HB
    • 16/10/2023   They feel like the no win no fee solicitors that cant ever help you when you have a clear cut negligence claim
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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
      • 162 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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Credit Solutions [Northern] Letter


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I went to my previous address yesterday and picked up a letter from 21 Feb 08. It states that I owe nearly £150 for unpaid gym membership fees. Can anybody advise what to do please?

 

Letter is as below....

 

Without prejudice

 

Dear Sir / Madam

 

Client Name: David Lloyd Leisure

Membership number: xxxx

Balance £149.25

 

DISCOUNT OFFER

 

The above balance remains outstanding to our client. We have recommended legal action and the paperwork has now been prepared to pursue you through the Court to collect monies owed.

 

To avoid this matter being passed to the Court, you may wish to consider the following:

 

Our client would be prepared to accept 75% of the above balance in final settlement of your account.

 

The conditions are:

 

- payment must be made to this office in one amount by credit / debit card, cash, cheque or postal order

 

- payment must be received at this office within 7 days from the date of this letter.

 

This is the last opportunity for you to settle this account, the next correspondence you receive will be via the Court.

 

Please ensure that cheques are made payable to Credit Solutions Northern and our reference numbers if quoted on the reverse.

 

Yours faithfully,

 

 

xxxxx

 

Legal Department

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  • 2 weeks later...

I don't think this would be covered by the consumer credit act - it looks more like several months bills - like mobile phone etc that are also not covered by a credit agreement

 

It looks like they are suggesting that you had a membership & then stopped paying without cancelling

 

Grumpy

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nope........

 

Sorry, a long story but when I moved I wasn't allowed access to all my stuff to pack, including a large amount of paperwork :( Some of it eg car documents I've been able to get duplicates but this is a knock on effect!

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  • 1 month later...

sorry for the bump but any suggestions as to what to do on this one? I haven't been able to find any paperwork on it and I did tell them I was cancelling my membership but only sent it "normal" post. I have spoken to somebody at the gym's head office this morning who said that within 10 days I should have received an acknowledgement. So is this a big balls up on my part and should just pay it all? I trust if so they'll let me pay it in installments as can't do it any other way at the mo!

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