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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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ASDA Out-Of-Date!


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Hi

 

I need someones help please.

 

About a week ago I went into an ASDA store and brought 2 packs of coffee. I went back home and relasied they were out of date, both of them.They had expired in June last year. So this was not a recent thing!!

 

I returned to speak to the manager, who also relaised that the whole shelf had out of dtae coffee, and only about 2 or 3 were OK. So he said all he was going to do was offer me a refun and exchange the 2 I had brought for the 2 that were still OK.

 

He said he would not do anything else. Surely this is not right!

 

What should I do, write to the store, or the Food Standards people?

 

Really appreciate your help. I have 28 days exchange policy but this is out of the matter now....... right?

 

I really want to sort htis out, please guys.

 

Thanks in advance

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Sorry, I dont know what outcome you expect here? looks like they have been sent a duff batch, not their fault, because nothing is going to be hanging about in the warehouse for a year.

 

You have been offered a fair settlement, accept it, and the coffee would have been fine anyway, I have found old coffee in the back of the cupboard and as long as it is sealed, it is fine.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Coffee has a best before date - this is the date, before which, it will be at it's best.

 

It is not illegal to sell products past their best before date. Sell by dates are a whole different matter.

The advice I give in relation to benefits should be viewed as general advice and not specific to your individual claim circumstances. I cannot give specific advice on your claim as I cannot access the claim.

 

If you find the advice useful please click on my scales.

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I still maintain the the OP was offered a fair and equitable solution, a refund AND a replacement. Coffee, like other dried and vac packed products have a long long time before they become unfit, even though there is a sell by or a best before date.

 

The OP failed to say whether or not they opened the package, it sounds like they didnt open it, therefore the shops offer was fine.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Nothing wrong with what the OP was offered this was over and above what the store needed to offer, I was merely pointing out the difference between best before and sell by dates to the OP

The advice I give in relation to benefits should be viewed as general advice and not specific to your individual claim circumstances. I cannot give specific advice on your claim as I cannot access the claim.

 

If you find the advice useful please click on my scales.

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The offer was in line with what people expect and what first line management will offer however I would have wanted more.

Always retain the product it`s your and you have paid for it.

If you don`t feel the compensation was adequate you can lodge a complaint trading standards. Trading standards will retain your product and write to the offending company.

They with your permission can bring an action against the store but until you give that permission nothing will happen.

Amazing how the compo improves when you get to this stage.

On accepting the new compo offer the product is returned by trading standards to you that is an end to the matter. The company will require the product to complete the deal.

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Know your food dates

 

Do you know your 'use by’ from your ‘best before’?

 

A survey by the Food Standards Agency suggests that many of us are not sure what these dates mean.

  • 28% of people incorrectly think food past the ‘use by’ date is past its best but not necessarily unsafe
  • 37% of people incorrectly think food should not be eaten beyond the ‘best before’ date

So what do these terms really mean?

 

Most prepacked foods must by law be marked with either a ‘use by’ or ‘best before’ date. It is important to know the difference between these two dates to ensure the food you eat is safe while not unnecessarily throwing away food.

‘Use by’ dates are marked on foods that are highly perishable and could ‘go off’. These foods can become unsafe if eaten past the date. Examples of such foods are those kept chilled e.g. meat, fish and many dairy products (milk, soft cheese, cream). It is important that you store these foods properly at home to make sure they last until the marked date.

It is strongly recommended that food beyond a ‘use by’ date is disposed of and not eaten. It is an offence for a shop to sell food past a ‘use by’ date.

‘Before dates’ are used for all other foods and indicates the best time by which to eat the food to ensure it is of the quality expected e.g. taste, colour and texture. It should be safe to eat foods marked with a ‘best before’ after the date but it may no longer be at its best.

Some foods which you may expect to have a ‘use by’ will have a ‘best before’ date if they have been treated in some way. For example milk may be ‘ultra heat treated’ (the initials UHT may be used on the label). These foods have a longer life and are marked with a ‘best before’ date.

Eggs are an exception to these rules. They should not be eaten after their best before date. Eggs can contain bacteria and the risk increases as the egg gets older. In particular children, elderly people, pregnant women and anyone who is unwell are more at risk. Eggs should be stored in the fridge and properly cooked so the yolks and whites are solid.

Sometimes people refer to the term ‘sell by’. This is no longer a legally recognised term used for food labelling.

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Asda fined for out-of-date food

 

_42961913_asda_getty_203b.jpg A customer complaint to trading standards sparked the investigation

 

Supermarket giant Asda has been fined nearly £80,000 after two of its stores in south Wales were found to be selling out-of-date food.

In one case, trading standards officers found a pack of lamb chops 31 days past its use-by date on the shelves of its Cwmbran store. Magistrates in Abergavenny fined Asda £78,750 and ordered it to pay £10,000 costs after it admitted 59 offences. The firm said staff have since been disciplined and teams retrained.

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I remember speaking to a TSO when we came across some food colouring powder that was 5 years out of date (yes - 5) (it was a best before). The action? None, becuase the stuff was "probably still ok".

 

They will look at any detriment caused and potential risk to health. I think the worst that would happen here is that the coffee would not tatse as good as it should do. For that then I still feel a refund or replacement is quite adequate. However I would still inform Trading Standards - having a whole shelf full of an out of date product without drawing people's attention to it demonstrates either a blatant disregard for proper procedures (or legislation) or that their systems have failed somewhere.

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Hang on, I dont get this.

 

You bought 2 out of date packets of coffee.

 

You took them back.

 

They refund you, and give you 2 packs of in date coffee.

 

So you have 2 free packs.

 

What more do you want?

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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Hey thanks guys.

 

Maybe I expalined it wrong.

 

I was NOT given a refund and 2 free packs.

 

I was simply offered a refund OR an exchange.

 

I did not open the products.

 

The manager showed no sign of caring, he said Ill give you a refund or exchange them. I asked is that the best you can do? He said what more do you want me to do???? In a very rude way. I shall surely be writing to Food Standards as someone has said.

 

I dont think i am being unreasonable at all. He was very rude.

 

Thanks guys

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So what do you expect? A years free shopping?

 

He has offered to give you your money back, or change them for new. It was probably a fair mistake to make. Just take the money and shop elsewhere. Writing to trading standards is a waste of yourtime, their time and our tax money that is paying for them to read the waste of time letter.

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So what do you expect? A years free shopping?

 

He has offered to give you your money back, or change them for new. It was probably a fair mistake to make. Just take the money and shop elsewhere. Writing to trading standards is a waste of yourtime, their time and our tax money that is paying for them to read the waste of time letter.

Exactly.

 

Goods don't conform to contract.

 

Retailer swaps them for those which do, or rescinds.

 

Common sense.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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More to do, I think, with Food Safety Act in terms of providing food not of the nature, substance or quality demanded.

 

Trading standards should be informed in terms of the company's procedures seeming to be falling flat on its ar*e, but compensation is probably out of the question.

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Hey thanks guys.

 

Maybe I expalined it wrong.

 

I was NOT given a refund and 2 free packs.

 

I was simply offered a refund OR an exchange.

 

I did not open the products.

 

The manager showed no sign of caring, he said Ill give you a refund or exchange them. I asked is that the best you can do? He said what more do you want me to do???? In a very rude way. I shall surely be writing to Food Standards as someone has said.

 

I dont think i am being unreasonable at all. He was very rude.

 

Thanks guys

 

 

I think that the Manager should have offered you a giftvoucher to spend in Asda, it wouldnt have cost him much and you would have gone away happier. Lets face it - you did him the favour of pointing out that that he had a whole row of out of date coffee, which although was probably fine, does not look great for the company.

 

I am always honest, but polite when I have situations like this - 9 times out of 10 I get a good result - if you are just clear about what you want from them, they know where they stand - just ask for a voucher as a gesture of goodwill, gently pointing out that it could have been worse for them if the packets had remained there! I never offend, but "greet a frown with a smile" and you will be surprised, it really brings out the best in people - you have to remember these guys often get a lot of abuse from customers which is bound to toughen them up!

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