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    • Hi All, newbie here, hope I'm doing this correctly.   Two years ago the wife was using my car and bought a ticket in a train station car park and displayed it on the dashboard. She returned to find a parking charge notice from Excel. It was a very windy day and it had evidently been blown on the the floor of the car as she left. It did not have a self adhesive part to stick to the window. I subsequently followed their online claim procedure and sent a copy of the ticket but the claim was refused. A couple of days ago I received the County Court Business Centre claim form in the post after presuming it would go away after not hearing from them for about a year (the usual threatening letters from debt recovery companies etc).   I wish I had paid the original £20 as this has been a big worry and hassle, but I just ignored most of the letters after reading stuff online. Obviously I want to dispute the whole of the claim but do I have a decent defence? I would cite the fact that the only reason the ticket was not displayed was that it could not be stuck to the window.   Any help and advice would be greatly appreciated.   Name of the Claimant : Excel Parking Services   Claimants Solicitors: Unknown   Date of issue – 08 July 2020   Date for AOS - 27 July 2020?   Date to submit Defence - 10 August?       What is the claim for – Breach of contract - parked without clearly displaying a valid parking ticket in Brewery St car park, Chesterfield on 02.07. 2018. Defendant has failed to settle the outstanding liability and Claimant seeks recovery of of the parking charge notice, costs and interest       What is the value of the claim? £185.00
    • I have had a letter from RBOS saying they have assigned my debt of £3600 to Cabot however it must be at least 6 years since i did anything with this debt, the letter was sent to my old address.   i have had a look around on the site but cant see a FAQ to do with these issues ( probably me not looking the right area)  .   can anyone advise me on what the next steps are as i assume this debt may be statute barred ? but im loath to ring Cabot and go through any details with them and would rather do it via letter.   as back ground i have other debts with other banks and currently have CCJ obtained via backdoor so im obligated to pay that debt. also did a stepchange thing that showed i have no other available funds to pay these other debts off.   any help appreciated
    • Hi all   It's been a long time since I've used this site, I used to be a frequent poster, mainly in the parking subforums.    I'll try and keep this as concise as possible, although it may get a bit confusing, so apologies in advance.  Also I hope this is the right subforum for such a matter, but I couldn't see anything more specific for divorces/family law.  So here goes..   My now ex-wife and I divorced last year, after our relationship broke down due to irreconcilable differences.  She initiated the divorce proceedings so was the petitioner, I was the respondent.  We informally agreed early on that she would stay at the family home (I moved out), and buy me out of my share of the house and contents.   We went to family mediation and hashed out an agreed settlement figure that we were mostly happy with.  A lump sum for the house and contents, plus she would give me the money to pay off several loans for goods on hire purchase that remained in the house, as the debts were solely in my name at the time.    I did not contest the divorce on any point, except she wanted me to pay the court costs of the divorce (£850) since she blamed me for the breakdown of the marriage.  I objected to this on the financial paperwork, stating that I was not the petitioner, plus the cause of the breakdown of the marriage were not due to adultery or domestic abuse.    The financial court ruled against me, meaning the £850 would be deducted from the final settlement figure.  I was looking to appeal against this decision which would have delayed the proceedings by several months, however in the meantime I was able to make an agreement with her solicitors to split the court costs 50:50, so we would in fact be paying £425 each.  They sent this offer in a letter headed "Without Prejudice", stating that if I was agreeable, they would submit an amended financial order to the courts with the amounts amended so I would only be paying £425 instead of £850 towards the costs.  I responded to this in writing and signed the form they sent me, initialling where the amount was changed on the financial order.   This is where it gets a bit tricky.  They then resubmitted the ORIGINAL financial order to the family with the £850 deduction still on it and promptly stopped responding to my calls and emails.  My ex wife has now paid the settlement figure, with the £850 deducted rather than the agreed upon £425.  It's a bit of an odd situation as my ex paid me basically exactly what it says on the court form, even though I made a different agreement with her solicitors.  I feel they've been dishonest in this case, whether intentionally or not but it's still left me over £400 out of pocket.    My question basically is this?  Do I have any legal recourse options available to me against the solicitor?  Does the fact that they headed the offer letter "Without Prejudice" mean that they can basically go back against their word and not honour an agreement that was made in good faith?  I've been doing my own research into this subject and it's a bit of a minefield, but I'm wondering whether I've got grounds for a complaint to the Solicitors Regulatory Authority, or possibly even pursuing them via the Small Claims Court?   Any thoughts?  If you need any more information or need me to clarify any particular points, please let me know.   Thanks in advance CD
    • That IS the question HB.   My literal quote isn't surrounded by additional perspective I commonly add and was shown as is.       "64% of the UK’s trade with all the countries with which the UK is seeking continuity,"   * It seems a given that Johnson is not seeking continuity with the EU HB   * Undoubtedly the reality is they just mean 64% of continuity with the handful of African nations that the reference was in despite it implying something else   In which case, a more accurate statement than that presented by Johnson the Liars representatives would be:   We've managed 64% continuity with a small group containing a small handful of African nations which are a small part of Africa as a whole and an utterly tiny part of world trade   and presumably, as they have singled that out for special mention to give their chosen implied perspective ... - that 64% continuity (a little over half we have as part of the European Union) the best 'continuity' deal they've managed so far with any county or block.   It certainly isn't 64% continuity of even JUST the external to the EU beneficial trade we have as part of the European Union let alone replicate the benefits with the rest of the EU   and Don't forget thats just continuity - carrying on what we currently have - and not any new or additional/improved deals  
    • Can I just ask only because I do panic about stuff like this.  More because of the affect it has on my husband.   In 2014 when my husband was at his worst and NatWest got the charging order on our house (which was then repossessed) we had to stop using our NatWest bank account which we did.  When we signed up for credit reports in January we noticed our NatWest bank account was being reported on a monthly basis so we decided to close it.  My husband and I went into a branch and closed it.  We had 4 accounts, 1 for everyday banking and 2 savings and 1 was the loan.  She said she could close the 3 accounts but obviously not the loan.  She said she’d transfer the money from the 2 savings into the main bank account and give us the money then shut all 3.  We were gobsmacked when she gave us over £1000.  We never thought we had money in the accounts.  Can this be used against us?  The 3 accounts are now shut and marked as settled on our credit file.
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      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
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      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
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NeilW

Recovering the Microsoft Windows Tax

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I've recently bought a laptop from Amazon and, like every laptop under the sun, it comes bundled with Microsoft Windows. The [problem] is to try to change the copy bought into a licence at the last possible moment by requiring a purchaser to 'agree' to increasingly ridiculous licensing terms before they will be allowed access to the shiny new computer sat on the desk in front of them.

 

How this hasn't been banned before now I'll never understand. For me it is a straightforward 'bait and switch' manoeuvre - "Before you can use this shiny new computer that you are desperate to get acces to, you will first have to relinquish all the rights you had to half the things you've purchased"

 

Frankly I've had enough of this tactic. If retailers are selling licences, then the full terms should be clearly available up front (before you hand over your hard earned). They should state that they are selling restrictive licences, rather than heavily inferring they are supplying copies and then stitching you up at the last minute. The goods supplied are not as described before delivery and the supplier is inferring that they have greater title to the goods than they actually have.

 

So encouraged by others that have succeeded I thought I'd ask Amazon for a refund of the Microsoft Windows Tax informing them that I will not agree to the proposed licence terms. They have refused stating that they will only refund if the hardware is returned to them - ie they want to rescind the contract.

 

I, on the other hand, wish to force them to perform the contract (I like the laptop!) and either supply what they contracted to supply or pay me some money in compensation.

 

I thought resolving this would be simple. So I delved into the statutes and the little case law there is. However it would appear that consumer protection legislation isn't that straightforward in this case - particularly where software is involved.

 

I would welcome members comments on what approach I should take from here. The vice I'm trying to deal with here is the lack of transparency about what a consumer is actually buying and I feel that the retailer is at fault by not disclosing up front what are clearly material terms. The average consumer simply doesn't understand the difference between a copy and a licence. There are many posts even on these boards from people who can't understand why they need a new 'copy' of windows after their PC has been repaired. The approach at the moment is just morally wrong. Can a legal argument be made though?

 

Would a simple 'goods not as described/partial refund' work? Or would it be more appropriate to use the Unfair Terms statutes to render the EULA unenforceable (which would then make the software 'faulty' due to the licence lock). Is there another approach? Am I wasting my time?

 

Over the last few days I have spoken to many others who feel aggrieved about this practice in much the same way as I do. So it would be nice to come up with an argument that can be used and understood by others - much like the bank charge reclaim campaign has done.

 

Any help or suggestions you can offer would be appreciated.

 

Many thanks in advance

 

NeilW

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Did Amazon advertise the laptop with or without Windows as the installed operating system? Did they state that you could get some money back if you did not agree to the EULA?

 

Did you make an offer to purchase the advertised laptop?

 

From my understanding of consumer law, you offered to buy the computer as specified on the webpage at the advertised price. Amazon then accepted your offer to purchase the computer - contract made.

 

You paid them, they sent you the goods.

 

What have Amazon done wrong? The goods aren't faulty are they? You have decided after purchasing it that it doesn't meet your needs/requirements/personal preferences haven't you? I woudl be more inclined to go back to the manufacturer who preinstalled the operating system and see what they have to say.


Welshwizard QC (Quite Content):rolleyes:

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Thanks for taking the time to reply.

 

AIUI in the UK consumer protection rests with the retailer, not the manufacturer. Retailers want to dump you with the manufacturer, but the statutes make the retailer responsible for pretty much everything.

 

Amazon advertised that the computer came with Windows. What they didn't advertise was that it came with a very restrictive licence. Therefore the default position at contract time is that the rules of the Copyright and Patents Act kick in - ie you are buying a copy of the software that you can dispose of or use as you wish within the rules of that statute.

 

Amazon has not supplied that and have supplied something with a software lock that stops me using it as the Copyright Acts allow, so the goods are therefore 'faulty'. They do not conform to contract. The consumer protection legislation makes that the responsibility of the retailer, not the manufacturer. Such a position may be aided by the Rubicon case (Rubicon v United Paints | OUT-LAW.COM by Pinsent Masons LLP)

 

There is also the issue of when the contract is concluded. Is it at the time the money is handed over, or at some other time. Do the statutes (particularly the Unfair Terms and Distance Selling ones) interfere with when that happens?

 

Like you I thought this would be straightforward. Either I'm very confused, or it isn't.

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