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    • Odd one this, I recieved 2 notice's for the 18th and 19th April stating that I overstayed on Wigan Robin Retail Park. Permitted Minutes 180. They state I was there 355 minutes on the 18th and 388 minutes on the 19th. Both times I was there around 10 minutes getting my wife a brew from costa after dropping the kids off at school.  On both days I had passed through there a second time around 3pm, again to get a brew then left. Both notices have 2 images each, Entrance and exit.  This is the interesting bit. The Entrance images both timestamped actually clearly show I am exiting the retail park not entering it. And the exiting images they provided show me leaving the carpark after visiting a second time later in the day. In the attachments You'll see all 4 images show that I am exiting, none of them are of me entering. I understand most if not all that see this post won't know the area but if the look at the map link i gave you'll see the road I was on leading up to the main road. g24 ltd 1.pdfg24 ltd 1.pdf GoogleMap view of the road I am on in the entrance images I would have had dashcam footage but I since formatted the memory card. I tried recovery tools but I couldn't get the files back.  
    • An update: I just got another PCN. I get the feeling that someone in the residence is calling OPS, as it's dated for a few mins after I parked. I won't appeal of course. Interestingly, our cleaner was also parked but didn't get a PCN. I asked them why and apparently they're whitelisted. I did ask the MA if they could whitelist me and they said they couldn't. Clearly they decided not to tell the truth. Surely, this would resolve all of the issues entirely i.e. we'd keep non-residents from parking, whilst allowing for residents to park without issue? Also, could OPS now take me to court for both PCNs separately, or could it be one case?    
    • I was with sse broadband until Jun 2023 at which point without notifying me they passed me to origin broadband who I was unaware is my supplier now -  My broadband at home kept working and I was under the impression that sse are taking direct debit payments from my bank account and everything is fine because the Internet has continued to work.  To my horror I have just noticed that origin broadband has been sending me PDF bills for £39 a month and the email heading has been showing as just no reply so I thought it was junk and never bother to check it.  I have now noticed a bill every month and now I owe them some £350. I did instruct origin to supply me Internet and therfore don't feel responsible for this debt.  What are my rights and is it a legal debt considered I did not sign any agreements with them - their first contact with me tho was very clever back in July 2023 trying to lure me into an agreement however because I just saw that email now I'm not sure what to do because I owe them 400 pounds nearly supposedly at 39 per month.  Our agreement with sse was for 26 per month but they shut shop and passed us to origin without asking our consent.    The following is what origin email said back in July before they stated sending invoice every month for payment.    We hope you're enjoying your reliable phone and broadband with us. We're just letting you know your phone and broadband package will end on 30 Jun 2023. Thankfully, good things don't need to come to an end - read on to decide what you want to do next.   Below you'll find the details of your current package and some other great options to compare it to.   What can I do - shall I just pay the debt and cancel it and move elsewhere or is there any way I can fight this as they are more or less enforced upon us with out permission by sse who most Likly sold our accounts to them.    Any help greatly appreciated 
    • whyisthis - Oh bless ya, it's so easily done.  Not worth losing sleep over; listen to the guys here, they know their stuff.  They won't take you to court, they'd get laughed out of it x
    • Monk - you are an experienced and respected member of this forum. Surely you realise how vitally important it is to respect court deadlines. There was no lack of knowledge.  You knew the deadline date.  You calculated it yourself in post 5.  It was written on the claimform.  Defence deadlines are written on probably a thousand threads on the forum. Sorry, but if you're up for a legal fight you also have to be up for organising yourself properly. As for now - 1.  pay it within 30 days and the CCJ disappears, or 2.  don't pay, nothing "legal" will happen, but you'll have a CCJ for six years.
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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.

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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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RBS defaulting me - no CCA, here we go!


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Hi Dipply,

That's a stunning letter :)

The only bit I can see that could perhaps be modified to your benefit is the part about paying £1 per month.

Personal choice here (I wouldn't pay them anything in same circumstances with no cca) but in view of their faulty Default/cancellation of the account, even if they did have a valid CCA, arguably all they could legally demand is the arrears accrued prior to their breach of contract. Hence you could, I believe, specify that the £1 was expressly towards the arrears up to this point. This signifies your acceptance of the breach. To do otherwise and offer £1 per month off the total balance may despite your disclaimer imply that you consider the contract to be still binding?

Just my own thoughts :)

Kind regards,

Elsa x

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Hi :)

Just read it again..it depends how you want to proceed with this but if it was me, I'd leave out the entire para on Invalid Default Notices for now and save it as an ace up your sleeve in the event that they do threaten court action..or at the very least unless they have undeniably terminated. They've got plenty of other points to tax their brains with for now :)

This would mean of course that you couldn't phrase your £1 offer to take this into account. However I think Karenruths idea is a good one about not offering it yet but keeping the way open.

Maybe finish on the lines of ...

"Upon satisfactory resolution of the issues raised in my dispute I will be happy to come to an amicable repayment arrangement with regard to any amounts proven to be legally owed."

 

You have to be so careful not to trip yourself up with these people!

Elsa x

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Hmm..only problem with that, if they haven't undeniably terminated, is that it gives them the opportunity to re issue a correct default notice.

It's your call, if you're confident that they have terminated, go ahead and leave it in, if not, I'd personally keep that card close to my chest. You can always remind them later that you challenged this on the phone.

Might be an idea for you to PM either surfaceagentx20 or banker_rhymes_with on this..they are the DN maestros :)

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Hi Dipply :)

Just catching up over my morning coffee..thanks for the tickle :D

Things are moving fast in the DN debate!

I personally think that once you firmly challenge them on this they'll drop you like a hot brick..the amount you owe is peanuts to them. They may not write it off /clear your Credit Record (unless you continue the fight) but what you might get is a static account marked as "u" on the credit file, no interest, no pestering, just a meek..well, morally you should pay but we can't enforce it...

Up to you then whether you sit it out for 6 (maybe 3 soon) years or go full steam for a writeoff/credit repair or even damages for the breach of contract.;)

Right..more coffee!!

Elsa x

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Hi Dipply,

Sounds like you need to hit them with a "First Rights of Appropriation" letter asap: http://www.consumerforums.com/resources/templates-library/48-bank-templates/140-right-of-appropriation-stop-the-bank-from-taking-your-money-

 

Beggars belief how they're so happy to leave people without the essentials to live on.

Hope this helps,

Elsa xx

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