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    • Thank goodness it's not your roof and you get to foot the bill! How big are these bits of mortar? How often are they falling into your garden? Hourly, daily? Just go ahead with your plans, of course, they're not going to be worried by your time pressures and the urgency of the situation, so simply carry on as you would have done and I'm sure everything will go fine. Unless there is a danger to life and serious structural issues which mean you cannot venture into your garden, then IMHO there is little more you can do less for what you have done so already and made them aware of the issue.
    • Hi all!   Thank you in advance for any help you can give me!!    I parked up (at 18:08) in a rush, entered my Reg and paid for an hour of parking. At 18:20 I got a ticket for not paying for parking.    I've just looked at my receipt and noticed why ... I put "22" instead of "21"  when i put in my Reg. yes... what a stupid mistake.    I seem to remember there being a court case or a rule change about entering the wrong reg but the company wasn't at a loss because i had paid for the parking just technically for the wrong car. Am i making that up?    Any advice would be gratefully received, even some key points i have to hit when doing the appeal      
    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
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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 
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    • 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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what's going on? Case going to a higher court.


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Hello everybody, this is my first post, although I've been following this website for a while. I read in yesterday's Daily Mail that county courts in Gloucestershire and Uxbridge are throwing out summons for bank charges because someone is taking a bank to a higher court which could set a precedent. Apparently cases will be stayed until a ruling is made which banks and consumers will have to follow. After sending the NatWest Bank the Data Protection Act letter, a request for return of bank charges and an LBA, I took a claim to my local court today. Yesterday I received a letter from the Royal Bank of Scotland group saying that they disagreed with my request for return of charges, but as a gesture of goodwill, they were prepared to make a payment of £800, provided that I went to my local branch for a financial review. I suspect that this would mean trying to persuade me to convert the overdraft to a loan. They've tried this before.They did'nt seem to understand that a loan was to their advantage, not mine. Anyway, I'm claiming £2,490 charges and £542 interest. Does anyone know what is likely to happen whilst this other case goes to a higher court? Does this put the Banks in a more powerful position to try to dissuade us from pursuing them for charges? If anybody could clarify this for me, I'd be very grateful. Iwas considering writing back to the bank refusing their partial refund, but is there any point? thanks, Karen.

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Hello Karen.

 

The articles of which you speak are of cases blown out of all proportion, and I understand that these cases have both been settled.

 

Don't be put off continuing with your claim, if you pursue it to the end you will get all of it back!

 

Is your total amount claimed for enough to clear your OD completley? This would be the best solution of all!

 

Crusher :D

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Just stick with it Karen and you'll soon see a FULL refund

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 4 weeks later...

OK,I have started court proceedings, and the Natwest have acknowledged. Still moving forward. However, I ought to get another current account set up in case they threaten to close existing account. Our credit ratig is poor, and we were turned down by the Halifax on that basis. Can anyone suggest where I can read up on setting up an account when you have a poor credit rating, please? We won't require a chequebook or overdraft, but a debit card would be needed. Any suggestions, anyone? Thanks very much, Karen.

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  • 2 months later...

Hello karen. I am now going through the same process as you. I sent the lba 20 days ago and have now issued court proceedings today. Recieved a letter today from natwest declining to refund all charges and have doubled there offer to 825. An insult as they owe me 2500. They will now get the court summons.

In answer to your question my credit rating is bad and I could only get a cash account at lloyds tsb which will allow you to pay money in and take it out. It is a very basic account but does the job.

 

Good luck

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karen I have just posted a note with regards my claim against the Abbey here in Swindon. Nad at the moment the courts are staying the proceedings untill 1st March 07, as there apparently is going to be a test case in the near future. Not sure what happens next but looks like the law is getting a bit fed up with all these cases against the banks and things may soon be moving on. In our favour we hope.

 

best of luck from Shaun

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