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    • J&P Credit Solutions are specialists on debt recovery. Either way they seem to be swapping between the JandP and IDR whatever their exact definitions are.
    • Primary and secondary teachers are supporting pupils with their own money, buying food and warm clothing. Eight in 10 primary teachers in England spending own money to help pupils | Education | The Guardian WWW.THEGUARDIAN.COM Increasing numbers of children hungry and lack adequate clothing, with two-thirds of secondary teachers also supporting pupils  
    • I googled "prescribed disability" to see where it is defined for the purposes of S.92. I found HMRC's definition, which included deafness. I don't  think anyone is saying deaf people cant drive, though! digging deeper,  Is it that “prescribed disability” (for the purposes of S.88 and S.92) is defined at: The Motor Vehicles (Driving Licences) Regulations 1999 WWW.LEGISLATION.GOV.UK These Regulations consolidate with amendments the Motor Vehicles (Driving Licences) Regulations 1996...   ….. and sleep apnoea / increased daytime sleepiness is NOT included there directly as a condition but only becomes prescribed under “liability to sudden attacks of disabling giddiness or fainting” (but falling asleep isn't fainting!), so it isn’t defined there as a “prescribed disability”  Yet, under S.92(2)(b) RTA 1988 “ any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public" So (IMHO) sleep apnea / daytime sleepiness MIGHT be a prescribed disability, but only if it causes likelihood of "driving being a source of danger to the public" : which is where meeting / not meeting the medical standard of fitness to drive comes into play?  
    • You can counter a Judges's question on why you didn't respond by pointing out that any company that charges you with stopping at a zebra crossing is likely to be of a criminal mentality and so unlikely to cancel the PCN plus you didn't want to give away any knowledge you had at that time that could allow them to counteract your claim if it went to Court. There are many ways in which you can see off their stupid claim-you will see them in other threads  where our members have been caught by Met at other airports as well as Bristol.  Time and again they take motorists to Court for "NO Stopping" apparently completely forgetting that the have lost doing that because no stopping is prohibitory and cannot form a contract. Yet they keep on issuing PCNs because so many people just pay up . Crazy . You can see what chuckleheads they are when you read their Claim form which is pursuing you as the driver or the keeper. they don't seem to understand that on airport land because of the Bye laws, the keeper is never liable.   
    • The video-sharing app told the BBC that a "very limited" number of accounts had been compromised.View the full article
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Goods Paid for, but not received


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Can anyone advise me on what to do next??

 

I placed an order online to a company, on the 8th April for a teeshirt.

 

When I hadnt received after about 2 weeks, I wrote to them asking where it was.

 

They replied saying " as stated it takes 28days". I thought fair enough.

 

Now some over 2 months later I still havent received the t-shirt.

 

I have written/emailed the company 4 times, first time they replied, its been sent. 2nd time was well it was sent I'll send it by recorded this time. 3rd time, basic it has been sent, 4th time they havent replied yet. I asked if they have sent it who signed for it??? & I have asked for a refund.

 

The cheeky b******r's took the money off my credit card the very same day.

 

What can I do???

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This is a simple contract dispute, they have not fufilled their contractual duty by delivering the items, saying it was sent is not enough as the contract is not completed untill you recieve the goods. Write to them again stating this, that they are in breach of contract and that they should refund you the cost (plus postage) or you will seek legal advice on what to do next. You could also add in for added effect that they have breached an implied term from the Supply of Goods and Services Act 1982 (s14 or 15 i think) that where no time period for completion (i.e. delivery) is stated that it should be done within a resonable time. As this is statutory there is no way out and if it went to court they would lose on this ground. It should shock them enough to refund you or send out another t-shirt.

 

They may reply with something like 'we have not recieved a returned item etc' but keep at them about it as if you have not recieved it then they are are in breech of contract and should refund your money.

 

Hope this helps :-)

NatWest Credit Card - All charges refunded (£350.41) after first request sent :D

HSBC - 1st Approach Letter sent (£62.41) 12/09/2006. LBA sent recorded delivery 26/09/2006.

6/10/2006 - We believe that if this went to court etc we would win letter, but we are refunding you the charges made, we accept no liability - LOL I think by refundng me you accept that you are wrong!! I win :D

Capital One - 1st Approach Letter sent (£40) 20/09/2006. 29/09/2006 Full refund offered, letter dated 25/09/2006.

Barclaycard - £235 charges - Pending Action. WON!!

Halifax - Prepairing letters for £125 in charges on closed account. WON!!

Natwest Creditcard again

£12 late payment charge 13/11/2006 - LBA sent 17/11/2006. WON!!

Fight the power, you owe the banks nothing and they owe you everything!!

Now it's 3-0 to me :D

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Under the Distance Selling Regulations, the trader is responsible for getting the goods to you. They do not complete their obligation to you merely be shipping the goods off. You are waiting too long and the whole thing will go stale.

 

As long as you are prepared to sue them, send then a letter before action giving them 14 days to provide you with a Tshirt or refund. - you choose.

 

Then sue.

 

If you don't intend to sue then don't send the letter as it will just make you look silly.

 

I don't think that SOGA 1982 is relevant here. In your claim you simply plead that yo made a contract on XXdate for a Tshirt for £XXX and that despite several reminders you have not received your goods. You claim your money plus interest.

You can do this online with MoneyClaim.

Very easy. It will cost you about £30 which you will get back is you win. On your story, there is no reason for you to lose

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Thanks very much guys, I have in the past when I was self employed had to issue county court summons to get money, so I'm not afriad of issuing legal action.

 

I just wanted clarity, and that I wasnt in the wrong, it is totally un-acceptable the way they reply and have treated me.

 

Its just a shame I cant name and shame them. As that would be un-ethical.

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When you have brought your action and got your judgment then by all means come back and name them. They will be on page one of google within 24 hours

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And also report them to Consumer Direct. If they are conmen or continually breaching civil law then Trading Standards could take criminal action against them. Such action will help consumers generally in the long run, but cannot happen without proof that such things do occur. Help yourself to help others to help you!

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