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    • Your case shows the idiocy of employing a solicitor to do things you could easily do yourself. Had Countryside dealt with their own case they would have entered judgement on 4 June and there would have been no way back for you. But they thought they were clever by running to Rachael and Sean of BW Legal for a more "professional" (aye, right) service.  These dodgy solicitors can only make money on private parking cases by doing everything on the ultra cheap and certainly cant check the judgement date for every single separate case. Ho!  Ho!  Ho! Anyway, glad you got the defence filed OK. The next stage is that the central bulk court will send out a simple form called a Directions Questionnaire to you and to Countrywide which is part of the allocations process to your local court.  If you read this short thread you will see all the stages of the court process  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments
    • It is already trespass, nothing further needed to make out trespass. Not sure where ‘interference with goods’ helps you / how you’d bring a claim for that that stops them parking there.
    • Thanks Dx,    For some further information, the holiday was booked as a package holiday for 2. One of the 2 had to be changed, and changing costs £700 for a new flight as "tickets had been issued and they cant do a name change". I cant quite figure out how compensation works for things when it comes to package holidays.    From what I can tell  - The plane was due to land in Turks and Caicos to drop off passengers, something happened during descent, resulting in technical fault.  - The rest of the original flight from Turks & Caicos -> Montego Bay was cancelled  - A New flight was put on today, which was then delayed by 1.5hrs aswell  - Hotel was provided for the night after much hassle.  - 1.5 days, 2 evenings of holiday lost  If I understand correctly, since the original flight (LHR -> Turks -> Montego Bay) was cancelled, they are both entitled to a refund on that full flight? I can't quite work out if they are only entitled to a refund for the equivalent of Turks -> Montego Bay, or for the full LHR->Turks->Montego Bay, since it was issued as one ticket/all Virgin, and they should have arrived yesterday..?)  I can't work out how to get the cost of that compensation, or whether its a set figure, and how the loss of days of holiday is factored in   I am aware:  If you received less than 14 days’ notice of the cancellation, you are generally due compensation, awarded in pounds or euros depending on where your flight was due to depart from, according to the following scale: £220 / €250 for all flights of 1,500km or less (e.g. Glasgow to Amsterdam); £350 / €400 for all flights between 1,500km and 3,500km (e.g. East Midlands to Marrakech); £520 / €600 for all other flights (e.g. London to New York). Compensation will be reduced by 50% if the arrival time of the replacement flight doesn’t exceed the arrival time of the original flight by: two hours for flights of 1,500km or less; three hours for flights between 1,500km and 3,500km; four hours for all other flights. So I "think" its £520pp for the flight part as compensation (7500km)... but some sites say its a full refund for the flight... is it both?  Thanks,  Ryan  
    • Our business was only transacted digitally as I was not in England at that time.  
    • Funny. But not sure I should ! Wondering if I could place pots and plants - which a) would look nice and b) would it then be trespass and interference of goods?
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Don;t you be worrying too much either about her getting the Council to house her when you evict her. If you are south then she'll be lucky, high shortage of social housing, if north, where there's plenty, even then they'll likely find her intentionally homeless because she chose to withold her rent. No argument, she was given the money for her rent and didn't pay it.

 

Regarding an inspection, write giving her seven days notice that you wish to enter the premises, hopefully you can get in. If not you need to look at an injunction - doesn't have to be costly, and you can do this yourself if need be. (A little tip - is the gas due for its servicing at the property? If so start making a noise about that, you have a legal duty to attend to this so must be allowed access for it - its for her safety after all.)

 

Hoping you get in - you need to have someone with you as a witness, you should go through the property with a fine toothcomb, photographing absolutely everything, and also making clear handwritten notes to correspond with your photo's. Make sure your camera will date and time for you. The best outcome is to get the tenant to sign these notes, however, they may not agree, hence the witness.

 

You should then compile a letter within the next seven days, hand delivered to the property or registered post, scheduling the damages, an estimate of the cost of each item to put right, and pointing out that you hold them liable. Keep a copy.

 

Serve your S21 NOSP now, I'd go with that rather than the bother of S8 as well, you have to wait for 8 weeks or 2 months arrears to use that one, if you want to use the mandatory ground 8. (You must make sure you hand deliver to the property, preferably getting the tenant to sign for it, failing that you will need to do a proof of service document - sure you can find one on here or google it)

 

I know you only have this one property, but its a good idea to make yourself a "property file" on a Excel Spreadsheet or similar. On this you record everything that takes place concerning the property, including an accurate report of what your tenant said about not paying the rent. The judge can see this as part of your court bundle, but even better, when the Housing Department question you (and they will) as to her homelessness, then you have a clear and accurate record of why she had to go.

 

I hope you get it sorted out - I spend all day clearing up the messes that 147 tenants can create! I know you must be completely demoralised and angry but what;s done is done and you have to deal with the mess now, so you need to stay calm and do everything by the book so that nothing back fires on you later.

 

Fingers crossed for you and do remember you got a bad apple this time, not all people on HB are like that!

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  • 3 weeks later...

Demon, just gone back over these older threads, and was very pleased to see your last post about landlords NOT entering tenanted properties!

 

I shudder when I read on here that so and so's landlord has entered with a key whilst they were out. They could be going through your undies or anything. Alternatively they leave themselves wide open to accusations of all sorts.

 

As a HO I would never do this except in an outright emergency and then with a police officer present. Their huge feet are much more effective than my chippy plodding away with his set of keys and drills! It would have to be something like someone was seriously ill inside or dead. Oh, for an animal in distress in a property I'd have the police for that as well.

 

The only time I ever kicked a door in on my own was in an HMO, where the tenant had been taken to prison overnight and left his colour TV on. And even then I rang the prison HO and asked her to let him use her fax to give me permission!

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