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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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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.

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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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Online order, paid for, but not received.


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From their website

 

Copyright © 2009 Baby Supplies Ltd

 

 

Comoany Registration:

 

Name & Registered Office:

BABY SUPPLIES LIMITED

19 CAMBRIAN WAY

MARSHFIELD

CARDIFF

CF3 2WB

Company No. 05007796

 

spacer.gifspacer.gifspacer.gifspacer.gifStatus: Active

Date of Incorporation: 06/01/2004

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7487 - Other business activities

Accounting Reference Date: 31/12

Last Accounts Made Up To: 05/01/2008 (TOTAL EXEMPTION SMALL)

Next Accounts Due: 31/10/2009

Last Return Made Up To: 06/01/2009

Next Return Due: 03/02/2010

Last Members List: 06/01/2009

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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I might have guessed it was them.

 

You don't give a monkeys it's their 'policy'. It is your money. And you want it back.

 

Under the Distance Selling Regulations the supplier has not complied with the law and you are due the monry back, and Halifax's 'policy' is immaterial.

 

Which of their cards did you use, debit/credit - Visa/Mastercard/Maestro?

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Excellent! Call your bank, advise you are requesting a cashback under Visa's customer guarantee scheme. Don;t listen to their guff - say if you do not get the refund within 7 days to your account, you'll raise a formal complaint with Visa International of their refusal to comply with a legitimate refund request.

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well Halifax were having none of it! just kept saying there was nothing they can do and they can't comment on it!!!! they are an absoloute waste of space, they were told that aswell!!! never spoken to someone so rude!! thanks for your help though.

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Don't let them get away with it. Ask to speak to someone more senior until you get someone who actually knows what they are talking about. They have a long history of this, and then they deny have heard of the Visa guarantee.

 

Refer them to this:

 

http://www.visa.co.uk/security/main.html

 

Also contact Visa directly; [email protected]

Edited by buzby
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for 16 mninutes and 43 seconds i listened to a very rude bloke tell me, how no one in the call centre can help, its not there fault or problem but he understands!!! i was going to ask, how do i make the complaint to visa, thanks for all the info you've given me, your help has been much appreciated

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  • 10 months later...

The same has just happened to me with Bedswarehouse.co.uk. I paid £179 for a bed and was told it was out of stock,but only when they had taken the money from my account. After four weeks I requested a refund. They told me it would take up to 14 days for the refund to show up in my account. Two months later and still no refund and my bank told me that no attempts had been made by them to credit my account. Fraud investigators are now on the case. My bank (Alliance & Leicester) told me you are protected if you pay online by Visa, so keep pushing it.

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