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    • Aesmith - Thank you for your recent interest in my issues.  Input on people's topics can be most useful from specialised experts or those that have similar experiences.  Some people really struggle with knowing what to do (I certainly do) - so it is most useful and helpful and reassuring when solid sensible advice is offered.  I have found there to be some very kind, helpful, supportive and legally knowledgeable people here on cag over the years - who give sound legal advice for people to roll up their sleeves and follow up on.   Of course, sometimes it can be quite challenging sifting the wheat from the chaff.  I don't have lawyer or barrister.  I sometimes attend pro-bono legal clinics for help.  And sometimes have access to barristers via a pro-bono service called Advocate.  Both ad-hoc. 
    • The Judge was wrong. The keeper is only INVITED to say who was driving, there is no obligation for them to say.
    • Member of the Question Time audience asks Richard Tice about Donald Trump.    
    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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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
      • 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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Please could anyone help with a bit of advice.

I have just tried to pay my weekly bright-house bill which was due sat 30th aug, i was informed that they cant take my payment unless i pay this weeks as well,even though it is not due till 6th. Is this legal.:confused:

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We have our own brighthouse section here with it's very own brighthouse guru. I've alerted mods to this thread and asked it be moved there

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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Thread moved. :)

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I have moved you, so you are here already. If you scroll up to the top and click where it says Brighthouse.

 

Also it may be worth having a read of the links in my signature to help you find your way around.

 

Good luck.

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STEP BY STEP GUIDE...Read here

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Hi i have same problem i refuse to pay it told them il pay whats owed and will pay whats due onthat day

they told me no you have to pay this weeks told them its you that is refusing payment

read my thread

Regards dk

Please Tip My Scales if Info was Use full

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Please could anyone help with a bit of advice.

I have just tried to pay my weekly bright-house bill which was due sat 30th aug, i was informed that they cant take my payment unless i pay this weeks as well,even though it is not due till 6th. Is this legal.:confused:

Hi.

It isn't so much a question of whether it is legal or not, it is simply BrightHouse policy.

Strangely, and with complete disregard to guidelines from the Office of Fair Trading (OFT), BrightHouse seem to have an active policy of forcing you into further arrears and debt should you fall behind on your agreement. They will refuse to accept part-payments, and will not allow you to reduce any arrears by paying a little extra for a few weeks. Plus, to make matters worse, they will then require the FOLLOWING week’s/month’s payment as well, making it even harder to “catch up” and bring your account up to date. You will also incur a weekly “penalty charge” (currently £2.70 per agreement).

 

For example, let's say your weekly payment is £25.00 (3 typical agreements - fridge, washing machine and TV), the punishment for being just ONE DAY LATE will be a required payment of £58.10. Eight days late and it becomes a staggering £91.20.

An extract from the Office of Fair Trading (OFT) guidelines regarding the collection of debt:

 

Physical/psychological harassment

 

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

 

f. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so

g. making threatening statements or gestures or taking actions which suggest harm to debtors.

 

It won’t be long before BrightHouse start chasing you for payment. You can expect a telephone call if your payment is just one day late! BrightHouse have also been known to phone around the names you have given as references and turn up unannounced at your home. They will bombard you with all sorts of “threats” ranging from insisting on a set time to pay - to instant repossession, but you should simply ignore and disregard anything BrightHouse tell you unless it is in writing. Any kind of aggression or confrontation should be avoided at all times.

But here is what BrightHouse have to say on the matter:

 

“…The BrightHouse policies regarding debt collection are fully compliant with the Consumer Credit Act and with the OFT guidelines regarding the collection of debt.”

 

 

Cheers

Lefty

 

 

 

 

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

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