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    • Hi All. I was driving in Stevenage down a 40 road.  After coming off the motor way i noticed my car felt a little "weird" so i accelerated, then slowed the car down.  Shortly after i got stopped by a manned police car with a laser. During the stop the officer stated i was doing 54 in a 40, the conversation was short, but he said i would unlikely get a awareness course and it was most likely 3 points and a fine.  Mrs thought it was a good idea to have dairy when she is lactose intollerant on date night, so we just got on our way.  At the time, i didnt admit to the offence, but did say i didnt realise and had slowed down in any case. The officers chest camera was recording and on. At the stop, he asked where to send the fine to, as i knew i would be travelling to visit family up north, i provided my temporary details at that location in Yorkshire. It is now 05/05 and i havent recieved anything at either my home address in Stevenage or the temporary address. 1. Is there a time limit in which paperwork needs to be sent to me. 2. SHould i query the ticket as i dont want to miss any deadlines (if so who do i check with?) OR should i keep queit. 3. Given nothing has arrived in 20 days, is there a chance of appeal if and when it comes through? Many thanks CrazeUK
    • Hi All. A family friends car was having issues when she was on a trip visiting family up north at the begining of January.  She ended up leaving it at my friends garage in the same location, who parked it on his forecourt to investigate the issue, howver he said most likely it is beyond economical repair as its a serious gearbox fault. In the meantime i replaced her car with one of my spare cars. The insurance on the car then expired in at the end of January.  When the insurance expired, I sent a paper V890 paper as i didnt have her V5 Reference number in hand to do it online (i have a copy of this).  She didnt mention she hadnt recieved any confirmation as she didnt know if she would get one.  She then cancelled her road tax at the end of March (i think) as she was paying by DD. She then was travelling up north so didnt get her ,ail until last week. She recievd a letter dated 09/04/2024 stating she had failed to insure the vehcile and there was a £100 fine which could be reduced to £50 if she respons by 11/05/2024.  As soon as we noticed, i got her to dig  out the V5 and SORN'd the vehicle.   My friend has been a bit slow in checking the fault, however i suspect it will still be scrapped and is still on his forecourt. Is this possible to appeal?
    • worthy to not forget Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator for treating borrowers who were in arrears unfairly. Claim those charges back plus the interest and tell them not to add any more to the account. There are a few news stories here you can get the info for a letter to send to them. http://news.bbc.co.uk/1/hi/business/8615870.stm  
    • Hi All. I went to visit a family friend in Rochdale on a new housing estate opposite a old row of houses. The location is Royle Road, Postcode OL11 3PE. I was originally parked in parking bays outside the old houses, then moved the car, when I noticed my tyre was flat, so parked on what looked like double yellows to use his air pump to check and inflate the tyres before we left the house.   In the time i went inside to sort the pump and power supply i got a PCN.  The tyre then got changed (has a puncture) and we left. PCN Number:         RE######## Date:             04/05/2024 Time:             20:36 Observation:         20:34 to 20:36 Reported location:     Royle Park Road Reason:        Parked in a restricted street during prescribed hours (Code: 01) I believe this PCN is not correct and has grounds to appeal: 1. My friend who moved into the property around 6 months ago, swears that even though it has old double yellows marked, they are not current or council marked.   He said the property development company had said they had marked them for ease of access during development. 2. The road i was parked on was Royle Road.  The PCN was issued for Royle Park Road, which is about 400 yards up the road. 3. There are no sign posts or marking showing parking  restriction hours in the entire area (there maybe on Royle park Road). I have attached a map of the Location where i parked as a red dot. I have 2 questions: a.  Is there a way to check where double yellow lines are marked on some register to check if they are current? b. Can my grounds of appeal simply be, wrong location, wrong offence? Thanks in advance. Map_20240505.pdf
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    • If you are buying a used car – you need to read this survival guide.
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    • 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
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    • 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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New claimant against NatWest **WON**


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Moi again...

I have been reading as many threads as possible through and through again from the beginning of July. Now I am quite curious as to what banks and customers relationships become once the claimant won his/her case. Do you keep on banking with the same institution? Do you open an account somewhere else?

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Issued a Letter Before Action yesterday and received The Small Claims Help Kit today... very helpful...

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Patiently waiting for reply to LBA...

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***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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Received Stuart Higley's template reply to my LBA...

Next stage... N1 and County Court...

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***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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Due to a breach of the Direct Debit Guarantee RBS Customer Relation refunded the charges related to that operation, I also believe that they refunded the Historic Statement Fee of £5.00...

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***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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I am filling in the N1 Form... I have just used copy/paste what I found in the template library... Now there's nothing mentioned about default notices... Shall I add it into the Particulars of Claim in the form of "...Claimant claims... Confirmation that any default notices entered against the Claimant's Credit Record are entirely removed"...

Help please...

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***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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  • 2 weeks later...

Launched the war on Natwest... I want all of my charges refunded... to the last penny!

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Thanks to everyone who helped and advised so far... Claim issued yesterday... Now patiently waiting for Cobbetts to send their template letter... Bit nervous about it all...

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Thanks Natweststaffmember... :)

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Received acknowledgement of service this morning. As expected, Cobbetts intends to defend the all of the claim. Cobbetts... en garde!

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***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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How long now before the first letter from Cobbetts?

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***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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  • 4 weeks later...

As expected Cobbetts entered their defence just one day before I could start a judgement by default and they sent a CPR Part 18 questionnaire.

Here's my answer. If a Mod could have an eye on it before I send, please...

 

I acknowledge safe receipt of the defence entered in relation with the above referenced claim.

I anticipate that the case will be transfer to the Small Claim Court and therefore pursuant to CPR Part 27.2 (1)(f) CPR Part 18 does not apply to small claims, and pursuant to CPR Part 27.2(3) “the court of its own initiative may order a party to provide further information if it considers it appropriate”. I consider the CPR Part 18 request intimidatory and I intend to bring it to the attention of the court.

To answer to Sch.2 of the defence please find enclosed a “schedule of charges” detailing all the charges levied on the named account.

I hope that this will clarify my position.

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***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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Received Defence few days ago, followed by the A.Q.

Case allocated to the Bromley County Court, in Kent.

Cobbetts was not impressed by the fact that my letter included a mention about the CPR Part 18 being intimidatory. They replied by saying that they did not have any details of the charges... Hum!... All of my correspondance with Natwest has been sent to them... including that deatil of charges... another of their stalling tactics? And a copy has been filed at the court too!

Waiting patiently for the hearing date now!... Wish me good!

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***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

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You seem to be a little bit ahead of me, I'm still waiting for Cobbetts to enter their defence, then I'll be anticipating the AQ, I seem to be reading a lot of this about them having insufficient details regarding the claim even though they have it there in black and white right infront of them, why bother with these stalling tactics, they should know when they're beaten.

 

Good luck to you!!!:lol:

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Hi deller1,

Thanks for your wishes... When I entered my claim, Natwest sent them all the correspondance, copy of the same statements, I sent a copy aong with the LBA and filed a copy at the court. They surely know what we are talking about... Just gaining some time... They are really annoying... I wonder if they play the same game with law professionals who calim they charges back from their banks? I bet not!

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***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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Same for me, once my claim was filed with MCOL I sent (recorded delivery) a copy of my schedule to Nat West, Cobbetts and MCOL, so can't wait to see if they use the same stalling tactics on me, or try out a new one. Can't be long now, will update in my thread and will be keeping a close eye on yours!!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Received letter from Cobbetts this morning offering approximately 50% of my claim as a gesture of good will... Accepted as part payment!

Now I need a Mod to clarify the last part of Cobbets' letter, they state:

"Whilst this letter is written without prejudice save as to costs, in the event that you decline this offer, we will draw this letter to the Court's attention on the basis that we hold the firm view that this offer is entirely reasonable in the circumstances. This offer will remain, blah, blah, blah..."

That looks like a part 36... Can a Mod help on that one, please?

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

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hi have also recieved same letter from cobbets yesterday i have until the 7th of november to respond. we also accept offer as partial payment but will pursue with claim for the amount outstanding. will be sending response to cobbetts this weekend.:-)

23/08/06 RECIEVED STATMENTS:) 25/08/06 SENT PREM LETTER

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Now patiently waiting for Cobbetts' letter!

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***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

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Hi,

Still waiting for Cobbetts' final decision on my claim.

Now writing a letter to Sir Fred Goodwin, RBS' CEO stating than on more than one occasion his bank was in breach of contract. a) they breached the D/D guarantee b) they breached the Data Protection Act 1998 on automated interventions c) they were in breach of their fudicial duties and finally d) requiring them to lift the default notice placed on my account.

I have all the documents and letters from NatWest to support my statements. I might transfer the case to Solicitors or even Barristers (if I find a Chamber intrested in the case).

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

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Received that so expected letter from Cobbetts...

Settled in full!

Case won...

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

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Won!:D

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

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Excellent, and so it continues.

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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