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    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
    • hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
    • Dave, You're probably thinking along the same lines as me. The NTK says "The reason for issuing the charge notice is: Parking longer than allowed" From memory, I think one of their stupid rules is that if 'Bucks is closed, you're not allowed to park at all.
    • Yes, Nick is spot on. Also, can you remember if Starbucks was closed when you were there?  I ask as I'm trying to work out what MET reckon you did wrong.
  • Our picks

    • 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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Tiger Vs Lloyds * WON *


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Hello everyone,

 

 

Would just like to say thank you to everyone who has posted on these boards, has been really helpful and informative.

 

 

Sent off for my statements which I received pretty promptly. After sitting on my prelim letter for a few weeks plucked up the courage and sent it off, received a letter saying they were looking into my complaint, followed by standard dont think so letter ... waited till the 14th day was up and sent off the LBA (thought I had better keep the ball rolling) on 1st August.

 

 

Anyway just saying hello, thank you and letting you know where I am at for now, next installment shall probably be HELP ...

 

Z x

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Good morning,

 

Today received Notice that Acknowledgement of service has been filed on 23 August 2006. The defendant responded to the claim indicating an intention to defend all the claim. Sechiari Clark & Mithcell are the soliciters acting for the defendant.

 

Z

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  • 4 weeks later...

Busy indeed Feralkat lol.

 

Received defence and AQ on Friday 15th September. AQ needs to be returned by 2nd October.

 

Received bank statement today and no charges applied even tho I had a DD bounce, same as last month. Anyone else not had charges applied to account??

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Hi Z,

 

Looks like you've got things under control. Hang in there, won't be long before you get your money back!

 

Thats quite unusual that you have'nt been charged for the last couple of DD bounces. I would'nt have thought it would be anything to do with your refund claim to be honest. That just ain't Lloyds style - they never learn. In fact, its usually the other way around and they become more aggressive if you claim against them. Everyone else has continued to be charged regardless of their refund claims. Perhaps there's some other explaination? Or they may even appear on your next statement.

 

Anyway, good luck, and keep us updated!

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 2 weeks later...

Today received a copy of the allocation questionnaire from S,C,M. They want me to get in touch and let them know Ive received it and they would also like me to send a copy of my AQ to them. They have requested extra time to settle the dispute. Also section D Witnesses they are wanting to call 1 witness to give evidence, anyone else had this on their AQ from them???

Section F, Hearing. They are unable to attend court in October 2006.

 

Z

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Just called S,C,M to confirm receipt of their AQ. Asked why they had requested extra time 'because our client is considering settling' was the response my reply to that was 'And when is that likely to be, this isnt just a stalling tactic is it?' reply ' I cant say when that shall be, but we wouldnt abuse the court system like that' hmmmm lol ok.

 

Z

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Hi Tiger,

I am at the same stage as you are at the moment. I was panicking about the fact that they are calling 1 witness too, maybe its something they put on all of their AQs?! Your last post made me laugh!:)

LTSB -claiming back WON!!!

 

Mint credit card - WON!!!

 

Morgan Stanley credit card - WON!!!

 

LTSB credit card - MCOL issued WON!!

 

Barclaycard - MCOL issued for balance of partial refund 200.00

 

Gorvins Solicitors - WON!!!

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Hi Natsmanc,

 

regarding the 1 witness they intend to call I looked around on here last night and this morning to see if others had been told this but couldnt find anything, the only thread regarding the above which I came across the question had been answered in a PM according to the messages left. Oh well am sure sooner or later we shall find something.

Good luck with your claim.

 

Zoe

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I did a search in the LTSB threads for "witness" and a few cam up so I dont think we have too much to worry about.

Good luck with your claim also

  • Haha 1

LTSB -claiming back WON!!!

 

Mint credit card - WON!!!

 

Morgan Stanley credit card - WON!!!

 

LTSB credit card - MCOL issued WON!!

 

Barclaycard - MCOL issued for balance of partial refund 200.00

 

Gorvins Solicitors - WON!!!

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Yes, they say they intend to call 1 witness on all the A/Q's.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 1 month later...

Called S,C,M this morning asked them when I would be receiving their court docs only to be told 'we shall have to chase up our client you shall receive a letter from us soon probably next week' 'Do you mean your court docs' said I 'uh no' came the reply ... informed the very helpful guy that they would get my court docs early next week and that I was looking forward to seeing them on the 28th.

 

Z

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Excellant stuff. Expect a settlement then - I'm not aware of 1 case yet where they've actually complied with the directions to provide their evidance. Make sure you get all yours off by the date given regardless though.

  • Haha 1

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi Gary,

 

Thanks for that. Papers posted off to scm recorded today so shall arrive tomorrow and handed in to the court asked if they had received anything from lloyds, they said no .. surprise surprise .... Wonder just when they shall bother to get in touch tick tock......

 

Zoe

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Just called the court, no papers received from lloyds and I havent had anything ... called scm to ask why only to be told the person dealing with my case Mr Thomas had already left but would be in tomorrow .... now do I bother wasting my time and calling tomorrow or just wait for them to get in touch?

 

Zoe

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Hi Zoe,

 

I'd ring tomorrow if I were you. Remind them that the deadline for exchanging documents has now passed and that they are therefore in breach of an order of the court. Ask if they have any intention of submitting their documents, as you could now apply to strike out their defence. Mind you, they may have even posted the settlement letter already.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hello, hello :D

 

Settlement letter received today offering full amount claimed plus daily interest .... only thing I didnt agree with was the confidentiality clause so crossed that out signed it and sent it back .... now I guess its just a case of waiting for them to transfer money into account or send out another letter.

Gary, thank you so much for your help .. really has been appreciated.

 

Shall update once I hear something.

 

Zoe

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