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    • Okay, that will suffice as a letter of rejection – although I don't understand why you have to write pages and pages of everything instead of simply making the point that you need to make. The same with your claim form. It's a great shame that you haven't actually stated your your main cause of action on your claim form which is that you asserted your statutory right to reject and that the dealer breach their statutory duty by not accepting the rejection and refusing to refund. This is a glaring omission and at some point you have to remedy it. If you haven't actually claimed that then you haven't given the dealer an opportunity to defend on that particular point – and of course by not bringing it up now, in principle you are not asking the court to address that point. You should amend the claim. Once you sue on the basis that you have asserted your right to reject and that the dealer refuses to comply, then you have pretty well 100% chance of winning. However, you are not exploiting this because you have not raised this in your particulars of claim. Strictly speaking you should amend the claim and then the dealer should have a further right to put in a defence. Of course I may have missed it in your nine page particulars of claim so please will you confirm that you did not raise the issue of rejection in your claim form.
    • Thanks - I got this off ABTA website   If there are significant changes to the main characteristics of the holiday that mean a significant change to the holiday as whole you are entitled to an offer of an alternative holiday, or a refund of your holiday cost. ABTA cannot determine what is and isn’t a significant change to your particular package holiday, however a general overview of what might be a significant change is below:   a change of resort;  a change of accommodation to that of a lower category and/or price;  a change of flight time or delay of flight of more than 12 hours (in respect of a 14-day duration.  A change of flight time less than 12 hours may still be regarded as a significant change in respect of a lesser duration) or involving a reduction in time spent at the resort which is significant in relation to the length of the holiday;  a change of airport that's inconvenient to you.  If the holiday or trip can’t actually be provided due to closures and limitations, then you have a right to a refund.   On Jet 2 T & C's it does say a change of accommodation is a minor change,   however,  I think that is subjective as what is minor to one person is possible significant to another and to me it is significant that the hotel is closed.   They have not even said what they would offer me so I agree I don't think we should pay any balance until this is at least discussed.   There are only 2 other hotels in Punta Prima which offer all inclusive and both get poorer reviews that the one we booked.   I know this won't make a difference to Jet2, however one of them is also 1.5km from the beach! Our booked accommodation was actually on the beach.   I am so frustrated with Jet 2 and unsure where to turn now.
    • Well you need to show some financial reason for the temp lapse in reasoning..   And it would help to mention and send proof that since the event in January...you have used and purchased your own passes regularly so have learnt from your mistake   I would get this in today Time is tight to court case
    • Hi    Thanks for your comments    Here is my 1st letter of rejection sent by RD and amended Def response    Hope this is a bit better now Redact 1st Letter to DF Autos complain about VW polo.doc Defendant Response.doc
    • You should certainly pointed out to them as quickly as possible. Do in writing. However, you will need to assess the cost of the damage – the repair –. I don't know anything about this vehicle – is a new vehicle? Although the damage might be unsightly, is it very important to you to get it repaired? Or would simply a financial compensation satisfy you?  
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stabradop

DCA Home visit - Scotland

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Hi all

 

I am referring to this paragraph :-

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance./I]

 

Is there an equivalent for Scotland with the relevant case references etc? Its just that I am a member of another forum where the above is relevant and I have been asked if the English one is relevant in Scotland.

 

Thanks in advance:)

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Hi Stabradop,

You may find this extract from Wikipaedia useful :

Trespass (Scotland) Act 1865 1865 CHAPTER 56, Sections 28 and 29 Vict An Act to provide for the better Prevention of Trespass in Scotland.

This covers : "Premises” which shall mean and include any house, barn, stable, shed, loft, granary, outhouse, garden, stackyard, court, close, or inclosed space:

And Roads other than a waterway; or without prejudice to section 100© (damage to roads by fire) or 129(4) (camping in a road) of the Roads (Scotland) Act 1984, a road within the meaning of that Act.

Essentially this means that if you have your own property or private road in Scotland the law of Trespass is stricter than that of England.

The exact wording for this is as follows:

Every person who lodges in any premises, or occupies or encamps on any land, being private property, without the consent and permission of the owner or legal occupier of such premises or land, and every person who encamps or lights a fire on or near any . . . F1 road or enclosed or cultivated land, or in or near any plantation, without the consent and permission of the owner or legal occupier of such road, land, or plantation shall be guilty of an offence punishable as herein-after provided.

The punishment is as follows:

Every person who commits any offence against the provisions of this Act may, if found in the act of committing the same by any officer of police or constable, be apprehended by such officer or constable, and detained in any prison, police station, lock-up, or other place of safe custody, and not later than in the course of the next lawful day after he shall have been so taken into custody shall be brought before a magistrate; and every person charged with the commission of any such offence may, if not so taken into custody, or if he shall have been liberated on bail or pledge, be summoned to appear before a magistrate [F1; and every person committing an offence against the provisions of this Act shall be liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.]

This is debvatable as essentially video evidence of the same should suffice as long as it is reasonably evident that the crime has taken place.

Of note here is that fact that it is a CRIME and not a CIVIC matter in Scotland.

As such the hearing is prescribed as follows:

Every prosecution for an offence against the provisions of this Act shall be raised and proceeded in at the instance of the procurator fiscal, and shall be heard and determined by one or more magistrate or magistrates in a summary form; and every such prosecution shall be commenced within one month after the offence has been committed.

A recent example of the law being used is as follows:

Companies such as Scotcall who are debt collectors in Scotland are currently finding themselves in dispute of this law, as they are a doorstep collections company, and cannot use collectors with a criminal record. Therefore their current method of stating that an agent will visit after 7 days is not a suitable method of arranging an appointment and is in fact an intention to trespass.

I don't know of any specific letter template for Scottish Law, but someone else hopefully will :)

Best wishes,

Elsa x


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Thanks Elsa

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