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    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
    • My expectation was their WS would include the best paperwork, like at least true copies of originals, but these just look wrong somehow, perhaps the font and size of font... Not sending me the DN in CCA request but producing it for evidence I would argue could be a tactic used by them... - Page 11 with ticks - there is no reference to IP addresses - Home addresses are correct for dates in documents   Just looking up example Defendant WS's while awaiting your thoughts on this
    • Hello lovely, just posting to check in to see how you are feeling now? Hopefully your feeling better? 
    • Sorry my redactions made it harder dx. Tick dates are 11/12/2014
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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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      • 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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Hardship Claim


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If you accept an interim offer you are still able to claim the rest depending on the case/waiver. However this is a very low offer - I tink the ones I have seen on the other site I post on were between 40 and 60% -I will check and come back to you

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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yes I was right they were about 65 % of charges and one from Abbey was 90%

 

 

I think I would write - say you are not happy -

 

And that you will give them another chance to re-consider before taking it further ( it may be a typo :rolleyes:)

 

Do you have a pressing debt such as mortgage arrears? Its just that in one case the poster gave authority to send the money to the mortgage company and that helped.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi! I haven't really got anywhere with the Hardship claim (my dad's been particularly ill so I've been involved with him).

 

An interesting development is that I left my Abbey account dormant and it accrued charges over the last few months without any money being paid in. I got a letter from a DCA and I basically wrote back telling them the account was in dispute. Not had a reply to that as yet.

:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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Yes, I want to know about this hardship ballhooks too.

 

1 I've no intention of complaining to the FSA as they are useless. Can I start a court claim and ask that the case be heard due to hardship?

 

2 And if I am in hardship now, 2009, but I want to sue for charges from 2003, does hardship count at all considering bank charges from 2003 cannot really be considered as having an effect in 2009?

 

However, for example, that money of say £2000 from 2003 deprived of me by my bank would now settle my mortgage arrears of £2000 in 2009 if the Goddam claim was heard now??

 

:confused::confused::confused:

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Gilbert if you want to pursue a court case then if you scroll up and look at the post the Mr Lex made on this thread on 11th November you'll find two very useful links.

:) Captial One - Won!

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:confused: Abbey National - Stayed pending Test Case Judgement

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We have on another site taken a hardship case to court recently and it was not successful but there is going to be another hearing.

 

The cases that have been helped have all either just persevered and kept complaining or have had help through the FOS.

 

But we have noticed that different financial institutions have very different attitudes to the waiver conditions.

 

There was a post on here about a group action proposal.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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We have on another site taken a hardship case to court recently and it was not successful but there is going to be another hearing.

 

The cases that have been helped have all either just persevered and kept complaining or have had help through the FOS.

 

But we have noticed that different financial institutions have very different attitudes to the waiver conditions.

 

There was a post on here about a group action proposal.

Hi Jansus! Back in November when Abbey rejected my claim to hardship I raised a complaint with FOS. I had to allow 8 weeks for Abey to issue a final response - which (so far) has not arrived. I just sent my complaint form and evidence to FOS. In your experience - how effective are FOS in helping conusmers? Edited by alex_the_lad

:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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I have seen a couple of cases where they have since the new waiver guidelines been successful in getting refunds- however the guidlines are only that and some banks are really taking a hard attitude and will only refund as a last resort - for example house is about to be re-possessed.

 

So really it seems to depend who you are dealing with unfortunately - but definitely you have done the right thing by going through the correct proceedure and stages of trying this route.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 4 weeks later...

I have put a claim in for hardship but not quite sure if im gonna get anywhere im in debt with my council tax,gas,rent and have bills of 17k in all.Live on my own with 2 children just need some kind of help.Ive sent them most copies of my debts income expenditure sheet no just gotta wait!!!

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  • 3 months later...

Just to 'bring some closure' to this thread. Last November Abbey rejected my harship claim. Then after a little delay (on my part) I raised a compliant with FOS with regard to my rejected claim for hardship. Yesterday I had a call from Abbey informing that they now accept that I'm in hardship and will make a partial refund.

:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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Just to 'bring some closure' to this thread. Last November Abbey rejected my harship claim. Then after a little delay (on my part) I raised a compliant with FOS with regard to my rejected claim for hardship. Yesterday I had a call from Abbey informing that they now accept that I'm in hardship and will make a partial refund.

 

Alex, I am really pleased that you pursued it further and that Abbey have finally agreed to help you. Let us know when they finally pay you - I suspect it will be the 65% which is what they paid most people.

 

Also the hearing at the House of Lords is not too far off - 2 weeks time.

 

Tuttsi x

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  • 3 months later...

I'm following this thread with interest and grateful to all who posted, but does all of the above still apply in September 2009?

 

I'm about to make a hardship claim and I'm not too positive. I've recently become disabled and I'm not eligible for anything it seems. I'm still waiting to hear if I'm disabled enough for DLA. :(

 

Best,

FM

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Just to 'bring some closure' to this thread. Last November Abbey rejected my harship claim. Then after a little delay (on my part) I raised a compliant with FOS with regard to my rejected claim for hardship. Yesterday I had a call from Abbey informing that they now accept that I'm in hardship and will make a partial refund.

 

Any news Alex?

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