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    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
    • I’m tempted to send a letter to the company outlining the reasons why I think their PCN is illegitimate. I guess will technically be an appeal.  Their documentation states they won’t discuss over phone, I also don’t want them to have my email address.    re signage on entrance, having looked at land registry, the whole road is private, and when you turn into the road off the highway, there is a sign on the lamppost about 20m in, again not noticeable and on the other side of the road.  I feel like I am in a difficult position with this, I understand that I may have a good chance of not having to pay, but at the same token the stress this is already causing me makes me feel like it’s not worth the £60!
    • Well done with the photo. Of course the signage is insufficient.  PPM are not interested in competent management of a car park, they are interested in catching drivers out so they can issue their PCNs. For a start, according to their trade associations' Codes of Practice, they are supposed to have signage at the entrance. Any e-mail reply from the company and whether they will/won't/can/can't get the invoice cancelled?    
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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      • 1 reply
    • 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
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      • 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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Hello Bee!

Hope you are well :)

When you sent your final lba did you give them a deadline for when you were going to file? Also, did you ask them for anything in particular as a resolution?

Cos you shouldn't really file until the date you told them, wouldn't want you looking unreasonable now would we?? ;)

 

Pigs might fly and they might respond favourably :D

 

Yes they have until 9am on 20th which was 14 days, they havent responded to this at all yet...

 

The response they have sent is responding to the letter before the LBA which i gave them 14days to respond to and they took 3 weeks :roll:

I wnt be filing until tuesday as thats a seperate issue I just dont know if its worth responding to this letter now they have eventually answered

 

*hello guest that is having a nice long read and has been here a good hour lol*

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Love their response letter, so does that give the answer to how much you have to pay???? (minus the car value? they repo'd!). You're very well organised beyond. Wish I had more time to be like you, need 2/3 days off work to get all my stuff in order again.

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Love their response letter, so does that give the answer to how much you have to pay???? (minus the car value? they repo'd!). You're very well organised beyond. Wish I had more time to be like you, need 2/3 days off work to get all my stuff in order again.

 

There has been no mention of repo at all :lol:

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Personally I wouldn't bother responding. Your ultimate goal, (correct me if I'm wrong), is to have them face the consequences of unlawful rescission of contract and unlawful repossession and you be adequately compensated for their screw ups.

I think we both know they are not going to voluntarily admit liability and pay up! They will only do this if forced to by the court.

Give them until the 20th to respond, (I've got a fiver on them not responding in time!), and then file your claim. You can talk to them til you're blue in the face and eventually you'll get the "leave us alone we know we've screwed up" letter!

Then they'll do what they did with me; call your bluff and say "go on then, take us to court if you think you're hard enough!". And then you will take them to court :D

If I were you, I'd stick to the timeline I originally gave them. It really annoys me that you give them 14 days to respond to a letter and they take the pee and casually send you a bunch of cr*p 3 weeks later!! :mad:

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Personally I wouldn't bother responding. Your ultimate goal, (correct me if I'm wrong), is to have them face the consequences of unlawful rescission of contract and unlawful repossession and you be adequately compensated for their screw ups.

I think we both know they are not going to voluntarily admit liability and pay up! They will only do this if forced to by the court.

Give them until the 20th to respond, (I've got a fiver on them not responding in time!), and then file your claim. You can talk to them til you're blue in the face and eventually you'll get the "leave us alone we know we've screwed up" letter!

Then they'll do what they did with me; call your bluff and say "go on then, take us to court if you think you're hard enough!". And then you will take them to court :D

If I were you, I'd stick to the timeline I originally gave them. It really annoys me that you give them 14 days to respond to a letter and they take the pee and casually send you a bunch of cr*p 3 weeks later!! :mad:

 

This was my feeling but wanted someone else to say it :lol: Im glad they did send their cr*ppy late response though as to me it says yep we have underwriting sheets and nope you arent having them :roll: I wonder why :rolleyes:

9.30am on Tue Morn I will be visiting my red brick building im sure ;)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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This was my feeling but wanted someone else to say it :lol: Im glad they did send their cr*ppy late response though as to me it says yep we have underwriting sheets and nope you arent having them :roll: I wonder why :rolleyes:

9.30am on Tue Morn I will be visiting my red brick building im sure ;)

I thought they didn't open til 10??? :D

Well absolutely! It's not like they said, "underwriting sheets??? What the devil are you talking about??!!" Ha ha! They just dig themselves deeper and deeper holes!!:-D

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I thought they didn't open til 10??? :D

Well absolutely! It's not like they said, "underwriting sheets??? What the devil are you talking about??!!" Ha ha! They just dig themselves deeper and deeper holes!!:-D

 

Ill be sitting on the doorstep :lol:

They sure do lol

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Did you write "This is a Consumer Credit Act claim" in your particulars?

 

certainly did.

Any chance you could have a look at my tweaked one before i print yet again? LOL

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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You'll prob get a fixed date note of issue like I did then. The practice direction 7b gives you a really good layout of what the procedure should be.

 

 

Have you got a link?

Aww bless the puppies dont tell my hubby hes desperate for a dog lol

Ill pm you it in a min xx

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Have you got a link?

Aww bless the puppies dont tell my hubby hes desperate for a dog lol

Ill pm you it in a min xx

Well they'll be ready in about 8 weeks, they're gorgeous chocolate and black labradors. Check me out proud nanny ha ha!!

 

PRACTICE DIRECTION 7B – CONSUMER CREDIT ACT 2006 – UNFAIR RELATIONSHIPS - Ministry of Justice

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Well they'll be ready in about 8 weeks, they're gorgeous chocolate and black labradors. Check me out proud nanny ha ha!!

 

PRACTICE DIRECTION 7B – CONSUMER CREDIT ACT 2006 – UNFAIR RELATIONSHIPS - Ministry of Justice

 

 

OMG dont!! he'd snap ya hand off for one :lol:

 

Thank you will have a read just copy and pasting PM x

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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beyond how long roughly did WF take between your TN and actually taking the car?

Welcome Finance £5000 - 4 CCA requests 1 SAR pending,

Nationwide £283 (all made up of unauth charges) SAR pending

Capquest £2713.27 Statue barred debt - Prove it letter sent

Pounds till payday CCA request pending

Cashgenie CCA request pending

Quickquid CCA request pending

MEM CCA request pending

WGA - Payment plan agreed without any hassle :-o

Wonga £398 (£148 in charges) Complained to TS and OFT :grin: 1 CCA request pending

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beyond how long roughly did WF take between your TN and actually taking the car?

 

 

Hi Jo TN dated 1st feb, car taken 11th march

 

although it seems to be different depending on area and collection agent etc i was 5/10 so they were passed 10 on the same day

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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5/10 ?

Welcome Finance £5000 - 4 CCA requests 1 SAR pending,

Nationwide £283 (all made up of unauth charges) SAR pending

Capquest £2713.27 Statue barred debt - Prove it letter sent

Pounds till payday CCA request pending

Cashgenie CCA request pending

Quickquid CCA request pending

MEM CCA request pending

WGA - Payment plan agreed without any hassle :-o

Wonga £398 (£148 in charges) Complained to TS and OFT :grin: 1 CCA request pending

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5th out of 10 according to the fax

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Well tomorrow 9am is the deadline no response as yet....wont hold my breath but you never know I may be surprised :lol: Just waiting on letter which hopefully will come tomorrow and then its game on!

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Well tomorrow 9am is the deadline no response as yet....wont hold my breath but you never know I may be surprised :lol: Just waiting on letter which hopefully will come tomorrow and then its game on!

I'm so excited for you!!

It's the waiting afterwards that really does you in tho! They've got 3 days left to file a defence :eek:

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so claim going in after tomorrow? love it.

Welcome Finance £5000 - 4 CCA requests 1 SAR pending,

Nationwide £283 (all made up of unauth charges) SAR pending

Capquest £2713.27 Statue barred debt - Prove it letter sent

Pounds till payday CCA request pending

Cashgenie CCA request pending

Quickquid CCA request pending

MEM CCA request pending

WGA - Payment plan agreed without any hassle :-o

Wonga £398 (£148 in charges) Complained to TS and OFT :grin: 1 CCA request pending

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I'm so excited for you!!

It's the waiting afterwards that really does you in tho! They've got 3 days left to file a defence :eek:

 

Thanks hun :) Ive had a wobble following a post on here on another thread but its over now sod them they did wrong they have to face up to it!

As for defence for yours I wouldnt hold ya breath :lol: itll prob come in 2wks time if they even bother at all coz lets face it timescales mean nothing to them!

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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so claim going in after tomorrow? love it.

 

Letter im waiting for should come in post tomo if it does itll be going in tomo ;) if not as soon as that letter received in it goes :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Thanks hun :) Ive had a wobble following a post on here on another thread but its over now sod them they did wrong they have to face up to it!

As for defence for yours I wouldnt hold ya breath :lol: itll prob come in 2wks time if they even bother at all coz lets face it timescales mean nothing to them!

A wobble?? What happened? :confused:

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